Case 6:13-cv-00744-KNM Document 27 Filed 02/26/14 Page 1 of 4 PageID #: 124

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION UNITED STATES OF AMERICA Plaintiff VS. GEORGE TOONE and IN TOONE SERVICES, LLC d/b/a TEXAN RV PARK Defendants/Third Party Plaintiffs VS. B.G. WILLIAMS and DELIAH WILLIAMS Third Party Defendants

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

DEFENDANTS THIRD-PARTY COMPLAINT Comes now, Defendants/Third Party Plaintiffs, George Toone and In Toone Services, LLC d/b/a Texan RV Park, and file this Third-Party Complaint and would show the following: A. 1. 2. PARTIES

Plaintiff, United States of America, has made an appearance in this case. Defendant/Third Party Plaintiff, George Toone, is an individual and a citizen of the

State of Texas and has made an appearance in this case. 3. Defendant/Third Party Plaintiff, In Toone Services, LLC d/b/a Texan RV Parks

principal place of business is in Abilene, Texas and has made an appearance in this case. 4. Defendant, B.G. Williams, an individual and a citizen of the State of Texas, may

be served with process at 1814 F.M. 66 Waxahachie, Texas 75167. 5. Defendant, Deliah Williams, an individual and a citizen of the State of Texas, may

be served with process at 1814 F.M. 66 Waxahachie, Texas 75167.

Case 6:13-cv-00744-KNM Document 27 Filed 02/26/14 Page 2 of 4 PageID #: 125

B. 6.

JURISDICTION

The Court has jurisdiction over this action under 28 U.S.C. 1331, 28 U.S.C.

1345, and 42 U.S.C. 3612(o). Specifically, this Court has federal question jurisdiction as the original complaint seeks to enforce provisions of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 to 3619. 7. Plaintiff has asserted claims against Defendants/Third Party Plaintiffs arising from

alleged violations of the Fair Housing Act which allegedly occurred after Defendants/Third Party Plaintiffs took ownership of the Texan RV Park. A copy of Plaintiffs Original Complaint is attached as Exhibit A. Pursuant to the Courts Docket Control Order, Doc. #19, the deadline to join additional parties without leave of court is February 26, 2014. Therefore, this pleading is timely. 8. This Third Party Complaint asserts that Third Party Defendants are liable to

Defendants/Third Party Plaintiffs for the liability that Defendants/Third Party Plaintiffs may owe to Plaintiff. With this filing, and any amendments thereto, Defendants/Third Party Plaintiffs demand judgment against Third Party Defendants for all sums that may be adjudged against the Defendants/Third Party Plaintiffs in Plaintiff's favor. The claim asserted in this Third Party Complaint arises out of the same facts and circumstances as those of the original complaint so that the court may exercise supplemental jurisdiction over it under the provisions of 28 U.S.C. 1367(a). C. 9. FACTS

The Texan RV Park (the Park) is a 43-site recreational vehicle (RV) park

located at 9024 Highway 175 West, Athens, Texas 75751 (the subject property). Roxanne

Case 6:13-cv-00744-KNM Document 27 Filed 02/26/14 Page 3 of 4 PageID #: 126

Joganik (Ms. Joganik), formerly known as Scott Pepos and Roxann Fanteal, claims to be a transgender individual who identifies as female. Darlina Anthony (Ms. Anthony) claims to have been Ms. Joganiks roommate. Joganik and Anthony claim to be aggrieved persons, as defined by the Fair Housing Act, 42 U.S.C. 3602(i). 10. In April 2011, prior to Defendants assuming ownership, Ms. Joganik and Ms.

Anthony moved into the park. They resided in an RV and remained as guests in lot 36. At the time they moved into the Park, the Park was owned by B.G. Williams and Delia Williams (Williamses). 11. Defendant George Toone (Mr. Toone) is a resident of Texas. Mr. Toone has

been blind since birth which raises obvious questions regarding the merits of this claim. What is relevant for the purposes of this Third Party Complaint is the fact that the incident/incidents giving rise to this suit began and/or occurred before Defendants/Third Party Plaintiffs owned the Park. 12. It appears Plaintiff rightfully concedes that, at least a portion of the events giving

rise to the complaint, occurred before Defendants owned or had any control over the Park. 13. Indeed, Defendants/Third Party Plaintiffs assert that the evidence will establish

that Roxanne Joganik and Darlina Anthony made their initial complaints to HUD (Department of Housing and Urban Development) about the prior owners of the park, Third Party Defendants. 14. The ongoing investigation by HUD was not disclosed to the new owners,

Defendants, before the property legally changed hands. 15. Therefore, because these alleged violations occurred, in whole or in part, because

of the conduct of the prior owners, Defendants/Third Party Plaintiffs file this Third Party Complaint.

Case 6:13-cv-00744-KNM Document 27 Filed 02/26/14 Page 4 of 4 PageID #: 127

D. 16.

PRAYER

Defendants/Third Party Plaintiffs demand judgment against Third Party

Defendants for all or part of any sums that may be adjudged against Defendants/Third Party Plaintiffs, in favor of Plaintiff. 17. For these reasons, Defendants, George Toone and In Toone Services, LLC d/b/a

Texan RV Park, ask for judgment against third-party Defendants, B.G. Williams and Deliah Williams, for any and all such further relief, both at law and in equity, which they may be entitled. Respectfully submitted,

/s/ Casey S. Erick Casey S. Erick SBN: 24028564

Erick Law Group

4144 N. Central Expressway, Suite 870 Dallas, Texas 75204 214.821.1700 214.821.1703 Facsimile Attorney for Defendants CERTIFICATE OF SERVICE I certify that on this the 26th day of February, 2014, a copy of Defendants Third-Party Complaint was served on the CM/ECF system, which will automatically serve a Notice of Electronic Filing on the following attorney in charge for Plaintiff: Lori K. Wagner United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Avenue, NW G St. Washington, DC 2530 /s/ Casey S. Erick Casey S. Erick

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 1 of 10 PageID #: 128

EXHIBIT A

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 2 of 10 PageID #: 129

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 3 of 10 PageID #: 130

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 4 of 10 PageID #: 131

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 5 of 10 PageID #: 132

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 6 of 10 PageID #: 133

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 7 of 10 PageID #: 134

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 8 of 10 PageID #: 135

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 9 of 10 PageID #: 136

Case 6:13-cv-00744-KNM Document 27-1 Filed 02/26/14 Page 10 of 10 PageID #: 137