IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CIVIL NO.: 6:13-CV-00744-KNM

v.

GEORGE TOONE and
IN TOONE SERVICES, LLC d/b/a,
TEXAN RV PARK,

Defendants.
___________________________________

AGREED JOINT MOTION TO ENTER MEDIATED SETTLEMENT ORDER

Plaintiff United States of American and Defendants George Toone and In Toone Services,
LLC d/b/a Texan RV Park move the Court to sign and enter the Mediated Settlement Order
attached to this motion.
In support of this Motion, Plaintiff and Defendants state as follows:
1. Thanks to the assistance of court-appointed mediator Richard Grainger, Plaintiff
and Defendants have negotiated a resolution of this lawsuit.
2. The attached Mediated Settlement Order reflects the negotiated resolution of this
lawsuit.
3. The Order, if entered by the Court, will resolve to the satisfaction of Plaintiff and
Defendants all the issues raised in this suit.
WHEREFORE, Plaintiff and Defendants respectfully request that the Court sign and enter
the Mediated Settlement Order attached to this motion.


Case 6:13-cv-00744-KNM Document 44 Filed 07/11/14 Page 1 of 2 PageID #: 180
2

Dated this 11th day of J uly, 2014,
/s/
Lori K. Wagner
Virginia Bar #39446
Attorney for the United States
United States Department of J ustice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
Phone: (202) 305-3107
Facsimile: (202) 514-1116
E-mail: [email protected]


/s/
Casey S. Erick
Attorney for Defendants
SBN: 24028564
4144 N. Central Expressway, Suite 870
Dallas, Texas 75204
Phone: (214) 821.1700
Facsimile: (214) 821.1703
E-mail: [email protected]

Case 6:13-cv-00744-KNM Document 44 Filed 07/11/14 Page 2 of 2 PageID #: 181
1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION


UNITED STATES OF AMERICA,

Plaintiff, CIVIL NO.: 6:13-CV-00744-KNM

v.

GEORGE TOONE and
IN TOONE SERVICES, LLC d/b/a
TEXAN RV PARK,
Defendants.
___________________________________


MEDIATED SETTLEMENT ORDER

1. The United States initiated this action on October 3, 2013, on behalf of Roxanne
J oganik and Darlina Anthony against Defendants George Toone and In Toone Services, LLC
d/b/a Texan RV Park (Defendants), pursuant to 42 U.S.C. 3612(o). The complaint alleges
that Defendants violated 42 U.S.C. 3604(b) and (c), and 3617.
2. Defendants unequivocally deny the allegations in the United States Complaint,
do not admit any wrongdoing, and maintain that they complied with their obligations under law.
3. Except as specifically set forth herein, this Mediated Settlement Order is not
intended to alter or limit the rights, powers, and authority granted to Defendants under state or
federal law.
4. The United States and Defendants acknowledge that bona fide disputes exist
between them; and, without admission of liability, but to compromise and settle all issues
asserted or that could have been asserted in the above case, all of such issues are compromised
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and settled to avoid protracted and costly litigation.
1
Accordingly, it is ADJUDGED, ORDERED, and DECREED as follows:
Therefore, the parties consent to the entry
of this Mediated Settlement Order, as shown by the signatures below.
5. Within fourteen (14) days after the entry of this Mediated Settlement Order,
Defendants shall permanently and fully release any and all state court judgments held by them
and entered against Scott Pepos a/k/a Roxanne J oganik a/k/a Roxann Fanteal (Ms. J oganik)
and/or Darlina Anthony (Ms. Anthony). Defendants shall provide counsel for the United
States with a copy or copies of the executed and filed release(s) within three (3) days after they
are filed in court.
6. Within five (5) days after entry of this Mediated Settlement Order, Defendants
agree to and shall amend and implement the Texan RV Park Rules (Rules) to prohibit
management from refusing entrance or applying different terms and conditions based on sex or
familial status. Further, Defendants agree not to amend the Rules in such a manner as to
disavow the Defendants duty to comply with federal laws alleged by the Plaintiff to be
applicable to the Defendants operations at the Park. The amended Rules required by this
paragraph shall remain in effect continuously for at least one (1) year from the date of entry of
this Order.
7. Within fifteen (15) days of the entry of this Mediated Settlement Order,
Defendants, or a designee, shall distribute the revised Rules to all of the current guests of the
Subject Property and all of Defendants employees, agents, and persons acting under the
direction of any of the Defendants (collectively Agents) who have responsibility for showing,

1
All parties have relied exclusively on the legal advice of their legal representatives and
not any advice of the court-appointed mediator. The parties will not subpoena the mediator in
relation to this action.
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managing, or operating any and all properties, including hook-up sites and common areas at the
Subject Property. In addition, for at least one (1) year from the entry of this Order, Defendants
shall distribute the revised Rules to all guests of the subject property, and to all of Defendants
agents within five (5) days after the guests begin their stay or agents assume their duties at the
Subject Properties.
8. Within fifteen (15) days of the entry of this Mediated Settlement Order and
continuously for at least one (1) year thereafter, Defendants shall prominently post the revised
Rules at all management and RV Park offices that Defendants use at the Subject Property.
9. Within fifteen (15) days of the entry of this Mediated Settlement Order,
Defendants shall provide a copy of this Order to its Agents who have responsibility for showing,
managing, or operating any and all properties, including hook-up sites and common areas at the
Subject Property.
10. Upon entry of this Mediated Settlement Order, the case shall be dismissed with
prejudice. The Court retains jurisdiction to enforce the Orders terms and provisions.
11. The parties shall endeavor in good faith to resolve informally any differences
regarding interpretation of and compliance with this Mediated Settlement Order prior to bringing
such matters to the Court for resolution.
12. Within fourteen (14) days after the entry of this Mediated Settlement Order, the
Defendants shall send to counsel for the United States, via overnight delivery, a cashiers check
made payable to Roxann J oganik in the amount of $3,000 and a cashiers check made payable
to Darlina Anthony in the amount of $1,000. The United States agrees that the relief specified
and in this Consent Decree, including in this paragraph, fully satisfies the United States claims
in this litigation.
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13. Counsel for the United States will distribute the monetary relief described in the
preceding Paragraph to Ms. J oganik and Ms. Anthony after they have executed and returned to
the United States written releases (in the form of Appendix A) of all claims, legal or equitable,
that they may have against the Defendants. Thereafter, the United States shall deliver to counsel
for the Defendants the original, executed releases of Ms. J oganik and Ms. Anthony
14. The parties agree that, as of the date of entry of this Mediated Settlement Order,
litigation is not reasonably foreseeable concerning the matters described herein. To the extent
that any party previously implemented a litigation hold to preserve documents, electronically
stored information, or things related to the matters described in this Mediated Settlement Order,
the party is no longer required to maintain such a litigation hold.
15. Each party to this litigation will bear its own costs and attorneys fees associated
with this litigation.
So ORDERED and SIGNED this ___ day of ___________ 2014.


K. Nicole Mitchell
United States Magistrate J udge

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For the United States
J OCELYN SAMUELS
Acting Assistant Attorney General
Civil Rights Division

/s/
STEVEN H. ROSENBAUM, Chief
SAMEENA S. MAJ EED, Deputy Chief
LORI K. WAGNER, Attorney
J OEL FLAXMAN, Attorney
Attorney for the United States
United States Department of J ustice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
Phone: (202) 305-3107
Fax: (202) 514-1116
E-mail: [email protected]

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For Defendants George Toone and In Toone Services, LLC d/b/a Texan RV Park

/s/
Casey S. Erick
Erick Law Group
Uptown Tower
4144 N. Central Expwy., Ste. 870
Dallas, TX 75204
Phone: (214) 691-6200
Fax: (214) 691-6205

Case 6:13-cv-00744-KNM Document 44-1 Filed 07/11/14 Page 6 of 8 PageID #: 187
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APPENDIX A

Full and Final Release of Claims

In consideration for the parties agreement to the terms of the Mediated Settlement Order
entered in United States v. Toone and In Toone Services, LLC d/b/a Texan RV Park., as approved
by the United States District Court for the Eastern District of Texas, and in consideration for the
payment of $_________, I, ____________________________ [print name], a/k/a
____________________________ ____________________________ [print names] do hereby
forever release, waive and discharge George Toone and In Toone Services, LLC d/b/a Texan RV
Park and their respective employees, officers, agents, divisions, subsidiaries, parent corporations,
affiliates, successors and assigns, and all other persons and entities, of and from any and all
claims, demands, actions, causes of action, known or unknown, suspected or unsuspected,
relating in any manner whatsoever to that certain incident including, without limitation, all of
those matters which were raised or could have been raised in that certain action pending in the
United States District Court for the Eastern District of Texas, as Action Number 6:13-CV-00744,
entitled United States of America vs. George Toone and In Toone Services, LLC d/b/a Texan
RV Park.

I acknowledge and understand that this Release is intended to be a full and final
compromise, release and settlement of all claims, demands, actions, causes of action, known or
unknown, suspected or unsuspected, relating to the above described incident and matters. I
acknowledge that different or additional facts may be discovered in addition to what I now know
or believe to be true with respect to the matters herein released, and that I agree that this Release
shall be and remain in effect in all respects as complete and final releases of the matters released,
notwithstanding any different or additional facts.

I am sole possessors of the claims or causes of action being released, and I have not
assigned or otherwise transferred said claims or causes of actions. I acknowledge and understand
that this Agreement shall bind and be binding upon my heirs, personal representatives, spouse,
executors, administrators, and assigns, and shall inure to the benefit of their agents, employees,
servants and successors.

I acknowledge and understand that, by signing this Release, I am waiving any right to
pursue my own legal action against Defendants George Toone and In Toone Services, LLC d/b/a
Texan RV Park based on the alleged by the United States in this case.

I also acknowledge that I have been informed that I may review the terms of this Release
with an attorney of my choosing, and to the extent that I have not obtained legal advice, I
voluntarily and knowingly waive my right to do so.

Case 6:13-cv-00744-KNM Document 44-1 Filed 07/11/14 Page 7 of 8 PageID #: 188
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I declare under penalty of perjury that the foregoing is true and correct.

Executed this ___ day of ____________, 2014.

______________________________
Signature


______________________________
Print Name

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