Us V Trump Case Via National Archives Foia
Us V Trump Case Via National Archives Foia
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Plaintiff,
)
)
)
73C 1529
) CIVIL ACTION N O · - - - -
)
v. )
)
FRED C. TRUMP, DONALD TRUMP ) COMPLAINT FOR INJUNCTION
and TRUMP MANAGEMENT INC. , ) PURSUANT TO FAIR HOUSING
) ACT OF 1968, 42 U.S.C.
___________________ Defendants. )) 3601, et seq.
J)
4. The apartment buildings and complexes managed
of 42 U.S.C. 3602(b).
42 U.S.C. 3604(c).
3604(d).
- 2 -
6. The defendants' conduct described in the pre-
- 3 -
additional relief as the interests of justice
.-.1.
ELLIOT L. RICHARDSON
.n •. ,, ,.,
Attorney General
.
J _,._, . ,.......v.......-·.(.6...·-w__ u , '/.f6:...G->)<J VL-/
ROBERT A.
United States Attorney
1
FRANK E . SCHWELB
-{.
Chief, Housing Section
Civil Rights Division
Department of Justice
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.(jo-t;cl<-""-t. f·wr€_
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
CIV.l (2-64)
SUMM0NS IN A CIVIL ACTION No. 45 Rev. (6·49))
mistrtnlr: Clriturt .
i".
lluiteil
OCT291973
FOR THE
TF:.: P.
.EAS_TERN.. D.IRTRLCT __OF___ NRt·LY.ORK. P.r.·.
7:3 1, 2 /
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Plaintiff
SUMMONS
v.
rn
Cl .·l
Defendants
You are hereby summoned and required to serve upon ROBERT A. HORSE, United
plaintiff's attorney , whose address is 225 Cadman Plaza East, Brooklyn, New York,
11201,
an answer to the complaint which is herewith served upon you, within 20 days after service
of this summons upon you, exclusive of the day of service. If you fail to do so, judgement by default
will be taken against you for the relief demanded in the complaint .
....Lruil.
\ . "'·
·--::z:2 .-------------
·- . . lerk of Court .
Note:-This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.
--·---
' INSTRUCTIONS: See "INSTRUCTIOi\3 FOR SERVICE OF PROCESS ·
u.s. MARSHALS SERt.r ICE BY THE U.S. MARSHAL" on the reverse of the last (No. 5) copy of this
fonn. Please type or print legibly, insuring readability of all copies.
INSTRUCT fO N AND PROCESS RECORD Do not detach any copies.
'
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PLAINTIFF COURT NUMBER
,_.
FRED C. TRUMP, et _al
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
FRED
ADDRESS
c. TRUMP
(Street or RFD, Apartment No., City, Stote and ZIP Code)
Summons&Comnlaint
TELEPHONE NUMBER
596-3563
Show amount of deposit (or appllcabli LOCATION OF SUB·OFFICE OF DIST. TO SERVE
code) and sign USM-285 for first writ
only if more than one writ submitted.
I acknowledge receipt forthe total number of
writs indicated and for the deposit (if appli-
cable) shown. /Cl .../ 0 '
D I hereby certify and return that, after diligent investigation, I am unable to locate the individual, company, corporation, etc.,
named above within this Judicial District.
NAME AND TITLE OF INDIVIDUAL SERVED (If not shown iibooe) A person of suitabfe age ana
D discretion then abiding in the
ADDRESS (Complete onl•/if different than shown abooe) FEE (I/ applicable)
$.6JO
I$ -
defendant's usual place of abode.
MILEAGE
REMARKS
& Complaint
SERVE
• AT
!2Qn r;ac<ler• c;r1' J3laza, Gar,Je••
SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:
,------------------------------------
c;ry,
Show number of this writ and
total number of writs submit-
ted, i.e., 1 of 1, 1 of 3, etc.
......
.,..
3
TELEPHONE NUMBER
596-3563
Show amount of deposit (or appliCable
code) and sign USM-285 for first writ
onlv if more than one writ submitted
I aclmowledge receipt for the total ruilnber of
writs indicated and for the deposit (If appU-
cable) shown.
d
- LOCATION OF SUB-OFFICE OF DIST. TO SERVE
I hereby certify and return that I have personally served, have legal evidence of service, or have executed as shown in
DATE
"REMARKS," the writ described on the individual, company, corporation, etc., at the address shown above or on the individual,
/0-/0-._
D Inamed
hereby certify and return that, after diligent investigation, I am unable to locate the ihdividual, company, corporation, etc.,
above within this Judicial District.
NAME AND TITLE OF INDIVIDUAL SERVED (If ni>t 8Mwn-alxifie) A person of suitable age and
0 discretion then abiding in the
ADDRESS (Complete orllv tFilifferent than shown abooe) FEE (If appllcoble)
$ $.oo
I
defendant's usual place of abode.
MILEAGE£:) ol
DATE(S) OF ENDEAVOR (Use Remarka If nece#a'l/)
REMARKS
•
SERVE
TRUMP MANAGEMENT, INC
ADDRESS (StTeet or RFD, Apartment No., City, State and ZIP Code)
t!¥&iW: i'J • L
(s-#'3-#oo)
AT
Show number of this writ and
total number of writs submit-
ted, i.e., 1 of 1, 1 of 3, etc.
• I ·
NO. I
I
ITOTAL
I
"=t loFI 1
TELEPHONE NUMBER
1'\:7( I hereby certify and return that I have personally served, have legal evidence of service, or have executed as shown In
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"REMARKS," the writ described on the individual, company, corporation, etc., at the address shown above or on the individual,
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REMARKS
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Defendants.
·siR
Donald Trump, and Trump Management, Inc., hereby appear in the above
for said defendants and demand that copies of all papers in this action be
served upon the undersigned at the office and post office address stated
below.
I , •} ..
Yours, l
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Nov 7 1973
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - _. - - - - - - - -- •....... '.
Defendants.
the United States Attorney for the Eastern District of New York, attorney
for the plaintiff, and Saxe, Bacon, Bolan & Manley; attorneys for the defendant.,..,
that the defendants' time within \\hich to answer or otherwise move with
respect to the complaint be and the same hereby is extended to and including
Robert A. Morse
United States Attorney
Dated: New York, New York Eastern District of New York
November l, 1973 AttQ;rney for Pl
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By {"- 1 C/-
5'() o;f._DER£P
g 12.£'0 f,?<..j /-/E<--v Yc£1::
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.Elt:ED
IN THE UNITED STATES DISTRICT COURT OFFiCE
copy or photograph.
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These Interrogatories call for all information avail-
persons who own stock or who have any other ownership interest,
interest.
- 2 -
promotion company. If so, please identify each such real
each building;
- 3 -
per month, between January 1, 1969 and November 1,
1973;
- 4 -
If you are willing to do so, please
- 5 -
to this general policy. If exceptions to
- 6 -
Please describe the conditions which must be
- 7 -
L. Please state whether a security deposit
managed by T.M.I.;
- 8 -
whether advertisements have ever been run in news-
exceptions;
- 9 -
and whether they have ever instructed these persons
any purpose.
please state:
5 (0)).
- 10 -
in any manner in relation to employment. If race or national
of any kind with T.M.I. in the past three years, and indicate
and which now has a black population of less than 10%. For
- 11 -
on a waiting list prior to being leased an apartment, and
if so, for how long the tenant's name had been on a waiting
list.
whom it was made, the name, race, address and job title of the
- 12 -
T.M.I. or by any person with an ownership interest
in T.M.I.;
denied;
approved.
- 13 -
you or on your behalf but whom you intend to interview,
to this case.
in a specific Interrogatory.
Please take notice that a copy of such answers
Respectfully submitted,
--;:
>I -1/Lvl 1_. :/ II !l!I
ROBERT MORSE FRANK E. SCHWELB
United States Attorney Chief, Housing Section
Civil Rights Division
Department of Justice
d.
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
CERTIFICATE OF SERVICE
a
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<LJtJ--(Jhv.ei:A__0C./
ELY E S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
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U. S. IJiSl il:d (,;JJ:d t:.D. fd..Y.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X
* NOV 261973
TIME A.M ..................................
UNITED STATES OF AMERICA P.M ................. .
-against-
STIPULATION
Defendants. !
- --- - - - - - - - - - - - - - - X
the United States Attorney for the Eastern District of New York,
attorney for the plaintiff, and Saxe, Bacon, Bolan & Manley,
York
By:
. , SO ORDEltED
j312"oo (4. Y/1· rci'F
-rttJ.EL'").}/!:73
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
the United States Attorney for the Eastern District of New York, attorney
for the United States of America, and Bacon, Bolan & Manley,
attorneys for the defendants, that the defendants' time within which to
answer or otherwise move with respect to the complaint be and the same
... SO ORDERED
Datedt /1/6-u YNZ!c
· 3o" !"? '7_3
cv•
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - X AFFIDAVIT IN SUPPORT OF
DEFENDANTS' MOTION TO
UNITED STATES OF DISMISS OR FOR A MORE
DEFINITE STATEMENT
-against-
Civ. Action File
FRED C. TRUMP, DONALD TRUMP No, 73 C 1529
and TRUMP MANAGEMENT, INC.,
Defendants.
- - - - - - - - - - - - - - X
<:}o %...,
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Sworn to before me this
";<
>-r- ;-1973
UNITED STf\.TE.S DIS'rRICT COURT
EASTERN DISTRICT OF NEW YORK
- - X
- - - - - - - - - - - - - - *
STATE 01•, NEW YORK
ss.:
COUNTY OF NE\v YORK
ROY M. COHN, being duly sworn, deposes and says:
2
It does not name one single building in which any improper prac-
tices were directed. It not only contains no statement of days
or months, but believe it or not, it does not even designate any
year. What was done was simply to copy verbatim the language of
the statute, and add the name of the Trump organization, because
it is one of the largest in its field. If a private litigant
filed such a paper, it would be summarily dismissed, with costs
to the defendants. The Civil Rights Division's conduct after
the filing of this threadbare document is even more outrageous.
They immediately approached the defendants to quickly terminate
·the litigation by entering into a "consent" decree dictated by
the Civil Rights Division! This would undoubtedly have resulted
in the next press release -- that one announcing the capitulation
of the defendants and the substitution of the Welfare Department
for the management corporation. Such a capitulation would have
been a surrender under pressure of the rights of the defendants,
who have established an efficient organization which has con-
tributed substantially to community life on all levels for many
years. It would have been a surrender of the interests of our
tenants past, present and future -- who are entitled to the
maintenance of the type service we offer -- not subservience to tiDe
Welfare Department.
3
used and the dates of their servjce (r.5, J); "State the monthly
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Sworn to before me this /I ROfl M. COHN
da;'l of. Decem. . 19.73. :1 o·::r ,/
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J Iac.zs in courtt\'
)rou;::ht suit. in Federal Court 1that we d.id not discriminate."
.n ::ook!:{n yesterday against! Mr. Trump and his father,
1 rurr:p C. Trump, the princip:::l !]
c.tw:1, a major owner and and c0rpora(c!:
ag:_r of re:1l her.e: 1board were alsojj
tlw corporat!On, wmch ownsmam,ed as .q.efendants. They are 1
a;,d rents _more than ·Io. respond to the'/
apart:nents m Brooklyn, Queens/con\plamt WJthm 20 The I!
and Staten Island, was accused,I·Trump familY. has been m the ,J
of \·iolating the Fair Housing real-estate business for more 1:
Act o( 196S in its operation of than 40 years. 1.
39 buildings. Most are in Coney II In Washington, J. Stanley
Island, Brooklyn, and in Jamai- Pottinger, assistant attorney
ca Estates and Forest Hills, general in charge of the Justice
1
.Queens. · !Department's civil-rights clivi-
Seeking an injunction to halt sion, termed the suit the second .
1
alleged discriminatory practises,,major rental discrimination ac- 1
the Government contended that tion begun by the department!
Trump Management had re- in the last two years. 1
fused to or negotiate rent- The first involved Samuel
als "because of race and coloiL" Lefrak, one of the r.;:ountry's
It also charged that the com-
I
pany had required . different Continued on Page 72, Column 2
rental terms ·and conditions be- ! · ••
cause of race and that it had
misrepresented: , to blacks 'that
apartments were not available. 1i
At the corporation's main of- I
fice, 600 Avenue Z in Brooklyn,:
,Donald Trump, president, de-·
1
lnied the charges.
'· "They are absolutely ridicu-
"'
lous," he said. u\Ve never have
discriminated, and we never!
would. There have been a num·
ber of local '\Ctions against us,_
i • ___ .!'
: Co11tlnue.d From Paee 1 Col.
• t!' ,
s' f1fty d b·lack
•
families were
. . .
then, according to !1.1r Pot tin-,.
e . I
i ... 'T , 7 . ; .. stste m movmg Into pre-ig r. . P . -o • ;1
i budders .. 1 he Just._cc 1dominantly white buildings. ! He sa1d tiL Trump ca,,.
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I had cnarged rae: a!. Th•
discrimination in the rentin(Y of' .
21,000 Lefrak-contro!Ject
lments in 150 bui!ding 5 ·
'··
N
ew
y k
or .
U b been referred to tne .Justice;
r an Departrnent by the New York·
League, whose OperatiOn Open-City Commission. pn Human
had filed, was basbd, in part,
I
(Brooklyn and Qh.=ens. agalihl the LcfraK Orgamza*·on allegatwns made hy Opera.-
: \' . , tion, C'lllcd the agreement '·a' tion- Open City. Specific viola-,
i lith Lefrak ! grnt disappointment" to nu-: lions were not mentioned
I That case W?.3 rcsol·:ed on merot.os other blacks arid Pueno: the complaint. · ;
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1
J,:m. _28, 1971, in an agrcem2nt '\vho for years have: The average monthlj" rental!
the Ju.s:tice DefJ<Ht- been denied an equal chance! for a one-bed roam aprtrtmenti
l nent and the Lefrak Or;;aoiza- at f.ofrak's housing units." Oc-'io the
: tion. Lefra:.:: promised to pro- by blacks ab0ut
"vilia;;os·• is]
according to Ute1
'hi hit discriminatio::. in ap.11t- Ric-.1.-: i ll:ts rhen ''st:h..:;ta:Hi-Ji- young,_·r Trump. A
! rer:!t:ds, !y" iit !.efra'< ronm is about. $2qu.
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For Daily Pelivi!ry .:l.53-032u
DAILY NEWS, TUESDAY, OCTOBER 16, 1973 '(rtf
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copy or photograph.
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another officer,
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employee or agent,
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please include in your
persons who own stock or who have any other mvnership interest,
interest.
4. Please
_,. sta'te whether any person an ownership
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- 2 -
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-tenant, .
other· than an employee of T.M.I., moved into
each building; ·
13 -
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sentatives
.... of 'the plaintiff to inspect and copy
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managed by T.M.I.;
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N. Please describe the method presently or formerly
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·- ,· ·-··· -:.-- .- .... -:- -·.· ... ··-:;. __ _,..__, '"' .· -· .. ,. :-···· "I - ... , •• - .•• -·· .. ............. ····-· .....,._."':' ••• - - .... _..._.. .-,
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any purpose.
please state: ,.
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,_ • - - .- - .... -.-..,.,.....:-..-.. .... "'"';,.,_ ....- . ..... -- .... ,..,. ........ ..... ...,- ... ·=---. ....... ...,..,._.,._., '· -- ... .... .... ':"-·
·-'-· .;_ ', - .. ;__ .......... --ti='·'-··- "''___ ;.:- ...:.:. ...,:..:..::... ... :..-;:. \ .. -... .;.:,:..;.,;.l;... :: . .•:........... . ............ •. .,. ...... .... .:.. ::-;_,,.. •.:.• : .•
and '·1hich now has a black population of less than 10%. For
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on a waiting list prior to being leased an apartment, and
if so, for how long the tenant's name had been on a waiting
list.
whom it was the name, race, address and job title of the
person(s)
.
representing T .M. I. who dealt in any 1.·1ay 1.-1ith the
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•.• ..-. ···-·· :' <•;·-·· ....... . -.... ,.. ····:• ....,.- ·...-:-:-···-·:·.'<"·'-"""""" ·-
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in T .N. I.;
denied:,;
E. The reason(s) the applicatio.n was subsequently
appro".ed.
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15. Ylease state the name, address, race and occupation
- 13 -
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to this case.
in a specific Interrogatory.
Respectfully submitted,
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ROBERT NORSE FRANK E. SCHiiELB
United States Attorney Chief, Housing Section
Civil Rights Division
Department of Justice
t:Lg;o:e- d. ,_,J; /
ELYSE S. GOLD\.JEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
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CERTIFICATE OF SERVICE
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ELY E S. GOLDHEBER
Attorney, Housing Section
·'
Civil Rights Division
Department of Justice
Washington, D. C. 20530
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SUMMONS IN A CIVIL ..-'\CTION D. C. :,-.,.__ H H:.,.. (-;.--\))1
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FOR THf=
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CIVIL ACTION FILE No. _____________ _
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UNITED STATES OF A!-!ERICA,
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Plaintiff
SU1H:i.'riONS
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·,Defendant s
piaintiff's attorney , whose address -is 225 Cadman Plaza East, Brdoklyn, Ne\'1 York,
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11201,
,.,.:· ,.. ,
an answer to the complaint which is herewith served upon you, within 20 . days :titer service
of this summons upon you, exclusive of the day of service. If you fail 'to do so, judgement by default
will be taken against you for _the relief demanded in the complaint.
_LEIDS OP,G-;:;T,
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UNITED STATES D,ISTRICT COURT FOR THE·
Plaintiff,
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28 u.s.c: 1345 and 42 U.S.C. 3613. -·-
;
------ --·-:·-.·--------- ------
Management Inc.
'
Defendant Donald is president
. of Trumn .
Management Inc. The defendants Fred C. Trump and Donald Trump
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4. The apartment buildings and managed
of 42 U.S.C. 3602(b).
42 U.S.C. 3604(b).
.
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----- ..-•. respect to the rental of dwellings which
! 42 U.S.C. 3604(c).
'
(d) Representing to persons because of race
3604(d).
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6. The defendants' conduct described in the pre-
1
ceding paragraph constitutes:
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raises an issue of general public importance.
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(b) Failing or refusing to take adequate
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addicional relief Es th? interests of justice
I
may r equire, together the costs end dis-
1
of this accion.
; I
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c:-Y"i'-'" .n .
- . . . . .
i- . -
ELLIOT L. RICHARDSON
. \ Attorney General
a .
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7;'-- STANLEY POTTINGER / i
Attorney
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i' ROBERT A. HORSE
United States
.
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FRANI<. E. SCHHELB
-{-
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. . .... .- :
Chief, Housing Section
Civil Rights Division
Department of Justice
.. .. .
1 J !ia--P
l ELYSE S. GOLDwr.BER
Attorney, Housing Section
/ Civil Rights Division
I Department of Justice
• I LED
IN CLERK'S OFFICE
J. S. DISTRICT COURT E.D. N.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK Jf DEC 12 1973 ...'
MOTION
O"
UNITED STATES OF AMERICA, Civ. Action File No .
73 c 1529 '
-against- /I '·:;
FRED C TRUMP, DONALD TRUMP
and TRUMP MANAGEMENT, INC.
S I R S
soon thereafter as counsel can be heard for an order dismissing the complain
for failure to state a claim upon which relief can be granted or for a more
definite statement and for such other and further relief as to the Court may
Yours, etc.,
/r-
/.
l ().
"'-----""'"_,../"
I'
Dated: New York, New York Saxe, Bacon, Bolan & Manley
Attorneys for Defendants
December 7, 1973 39 East 68th Street
New York, New York 10021
(212) 472-1400
2
STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Defendants .
Preliminary Statement
not even a year, nor one address where the alleged vio-
that they do not know upon what facts the alleged viola-
tions occurred.
are located.
Issues
POINT I.
U.S. 835, 5 L. Ed. 2d 60, the Court held that they would
ment that they may have some type of valid claim against
should be dismissed.
POINT II.
of plaintiff's discovery.
CONCLUSION
Respectfully submitted,
Of counsel
Roy M. Cohn
J. S. DiSTRIC i COURI l:.l>. i,.
.<1
lf DEC 12 1973 *
'
COUNTERCLAIM
FRED C. TRUMP, DONALD TRUMP and
TRUMP MANAGEMENT, INC.,
Defendants.
- X
defendants.
3. Defendants have sustained damages as a result of
tions media prior to any formal action on its part. The plain-
misleading.
WHEREFORE, defendants pray that this Court enter an
v
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S I R S:
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United States
Attorney
Brooklyn, New York
if ifo-ftL.-dye/
ELSE s. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
.,
-• . , ' - .,
CERTIFICATE OF SERVICE
address:
GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
IN THE UNITED STATES DISTRICT COURT FOR THE
Plaintiff,
v.
Defendants.
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
IN THE UNITED STATES DISTRICT COURT FOR THE
Plaintiff,
v.
INTRODUCTORY STATEMENT
*I 42 U.S.C. 3613 provides that the Attorney General may sue when
- there has been a "pattern or practice" of discrimination in housing
or where he determines that a denial of equal housing opportunity to
a group of persons raises an issue of general public importance.
"5. The defendants, through the actions of their
agents and employees, have discriminated against persons
because of race in the operation of their apartment build-
ings, among other ways, by:
- 2 -
The defendants have filed Motions to dismiss and, in the
dants in the amount of 100 million dollars because of the false and
DISCUSSION
I. Motion to Dismiss
- 3 -
Under the Federal Rules of Civil Procedure "[the] federal
Gibson, 355 U.S. 41, 47-48 (1957), another case of racial discrimination
- 4 -
buildings. While omitting evidentiary details such as names, dates,
R. CIV. P. 8(e)(l).
The Courts have reached the same result in the following unreported
cases: United States v. Raymond, Civil Action No. 73-119-CIV-T-H (M.D.
Fla. Sept. 5, 1973); United States v. City of Parma, Civil Action No. C-
73-439 (N.D. Ohio Sept. 5, 1973); United States v. Robbins, Civil Action
No. 73-848 CIV-JE (S.D. Fla. June 22, 1973); United States v. Watson
Civil Action No. 73-97 (M.D. La. May 15, 1973); United States v. Pelzer
Realty Company, Inc., Civil Action No. 3284-N (M.D. Ala. July 16, 1971);
United States v. Davis, Civil Action No. 6451-71 (S.D. Ala. May 18, 1971);
United States v. A.B. Smythe, Inc., Civil Action No. C-69-885 (N.D. Ohio
Nov. 24, 1970); United States v. Goldberg, Civil Action No. 70-1223-CIV-
CF (S.D. Fla. Oct. 19, 1970); United States v. PMC Development Co., Inc.
Civil Action No. 13578 (N.D. Ga., July 28, 1970); United States v. Palm
(continued on next page)
- 5 -
The same result has been reached in numerous employment discrimi-
of Electrical Workers, Local No. 683, 270 F. Supp. 233, 235 (S. D.
- 6 -
cases there collected. Rule 12(b)(6) motion'has the effect of
Action No. 73-439 (N.D. Ohio Sept. 5, 1973), P.H.E.O.H. Rptr. Para.
that:
- 7 -
unavailable for rental when such dwellings were in fact so available.
proves its allegations, then the defendants will have been shown
Georgia Power Company, supra, 301 F. Supp. at 541, 543; United States
cases were denied, and the propriety of general pleadings which are to
- 8 -
"we need not reach possible questions ari.si.ng
out of the facts, well pleaded or otherwise."
Id at 254.
miss does not admit "sweeping legal conclusions cast in the form of
any injury resulting from that fraud. Since Rule 9(b), F.R.CIV.P.
- 9 -
But it is well settled that a civil suit by the Attorney General
for racial discrimination is not one for fraud subject to Rule 9(b).
the Fair Housing Act and similar statutes, the motion to dismiss
should be denied.
specific facts as to the persons, buildings and dates that were in-
fairly notifies the opposing party of the nature of the claim, a motion
F. 2d 610 (2d Cir. 1968). As the Court of Appeals for this Circuit
observed in Michael v. Clark Equipment Co., 380 F. 2d 351, 352 (2d Cir.
- 11 -
It is not the function of a Motion for a more definite
with respect to which motions for a more definite statement have been
States v. Bob Lawrence Realty, Inc., 313 F. Supp. 870 (N.D. Ga. 1970);
Ga. 1971); United States v. City of Black Jack, Civil Action No. 71-
C-372(1), P.H.E.O.H. Rptr. Para. 13,561 (E.D. Mo. March 30, 1972);
*I The Courts have reached the same result in the following unreported
cases: United States v. Mrs. Dean Miles, et al., Civil Action No. CA-
3-7243-E (N.D. Tex. Sept. 5, 1973); United States v. Robbins, Civil
Action No. 73-848 CIV-JE (S.D. Fla. June 22, 1973); United States v.
Jim Tucker Co., Civil Action No. 72-H-993 (S.D. Tex. Sept. 27, 1972);
United States v. J.C. Long, Civil Action No. 71-1262 (D. S.C. April 3,
1972); United States v. Exclusive Multiple Exchange, Civil Action No.
C-70-969 (N.D. Ohio Nov. 8, 1971); United States v. Margurette Jones,
(Continuedon next page)
- 12 -
We conclude further that the complaint,
couched as it is in the very language of the
statute, provides adequate notice of the claim
made by plaintiff and is not subject to a
motion for more definite statement. Any
additional information to which defendant is
entitled may be obtained by use of the dis-
covery procedures provided by the Federal Rules.
United States v. Bob Lawrence Realty, Inc.,
supra, 313 F. Supp. at 873. (emphasis added)
Division, 426 F. 2d 539, 543 (lOth Cir. 1970), den. 400 U.S.
832 (1970); United States v. Georgia Power Co., supra, 301 F. Supp.
Workers, Local No. 683, 270 F. Supp. 233, 235 (S.D. Ohio 1967);
- 13 -
United States v. Building and Construction Trades Council of St. Louis,
271 F. Supp. 447, 454 (E.D. Mo. 1966). See also, United States v.
pleader to set out in detail the facts upon which he bases his claim,
Gas & Electric Co. v. American Electric Power Co., 41 F.R.D. 462,
464 (S.D. N.Y. 1966); 4 Moore's Federal Practice §12.18, pp. 2395-96.
12e. 241, case 1 (E.D. N.Y. 1961). Defendants are hardly in a position
them.
affidavit. His counsel, Mr. Cohn, has sworn that "it appears certain
-14-
11
these defendants do not discriminate in the
renting of their apartments and that the
Government's charges are totally unfounded."
1960).
- 15 -
III. Defendants' Counterclaim
pleaded and has apparently been presented to the Court even though
defendants seek dismissal of the main action and have not answered,
two New York newspapers to publish false information about the suit,
damages for libel or slander. Read in the most generous way possible,
and in conjunction with the Cohn and Trump affidavits, it could con-
as the United States is not subject to suit for damages for libel,
States "depends wholly upon the extent to which the sovereign has
waived its immunity to suit, and such waiver cannot be implied but
- 16 -
Despite the express requirement of Rule 8(a) that a counter-
claim contain "a short and plain statement of the grounds upon
Ch. 171, this Court does have jurisdiction of actions against the
his employment • • II
28 u.s.c. §1346(b). However, the Tort Claims
I n sum, II
• • • the United States is not liable for the deliberate
Administration, 341 F. 2d 275, 276 (2d Cir. 1964}. See also, Baca v.
United States, 467 F. 2d 1061, 1063 (lOth Cir. 1972); Smith v.
Compensation, U.S. Department of Labor, 288 F. Supp. 310, 312 (S.D. N.Y.
1968); and Benjamin v. Ribicoff, 205 F. Supp. 532, 533 (D. Mass. 1962).
- 17 -
That defendants' alleged claim is asserted as a counterclaim
States v. Shaw, 309 U.S. 495 (1939); United States v. Northside Realty
Associates, 324 F. Supp. 287, 292 (N.D. Ga. 1971). No consent has
*7 Were such a claim within the Tort Claims Act jurisdiction, it would
nonetheless be jurisdictionally defective for want of compliance with
the requirements of 28 U.S.C. §267S(a), which bars a tort action
against the United States'unless the claimant shall have first presented
the claim to the appropriate Federal agency and his claim shall have
been finally denied by the agency in writing • • • • "
- 18 -
* * *
This is not the first time that a large real estate company
(N.D. Ga. 1971), the defendants made essentially the same baseless
by the Trumps, and also sued for damages. More temperate than the
Trumps, Northside and its president, Ed Isakson, only sought not less
only one tenth of one per cent of what the Trumps would like.
See American Automobile Ass'n. v. Rothman, 104 F. Supp. 655 (E.D. N.Y.
1952); American Automobile Ass'n. v. Rothman, 101 F. Supp. 193 (E.D.
N.Y. 1951); and United States to Use of and for Benefit of Foster
Wheeler Corporation v. American Surety Co. of New York, 25 F. Supp.
225 (E.D. N.Y. 1938).
- 19 -
play,-
*I Northside's counterclaim contained no count for libel and
**I
was limited to abuse of process.-- After denying defendants' motions
claims, they are two of a kind. For the reasons given by the Court
***I
in Northside,--- as well as the additional grounds related in this
so that the parties can address themselves to the one and only real
**I Northside's counterclaim was against the Attorney General and his
subordinates, but the Court treated it as a claim against the United
States.
The Court held, in sum, that the claim did not qualify as a
compulsory counterclaim since it did not arise from the same trans-
action, or as a permissive counterclaim because the suit was really one
against the United States to which the sovereign had not consented.
United States v. Faneca, 332 F. 2d 872, 875 (5th Cir. 1964).
- 20 -
CONCLUSION
prejudice.
this Memorandum.
Respectfully submitted,
1.
FRANK E. SCHWELB
Assistant;Onited States Chief, Housing Section
Attorney Civil Rights Division
Department of Justice Department of Justice
Brooklyn, New York 11201 Washington, D. C. 20530
.xl
ELYStS. GOIDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
... CERT!PICATE OF SERVICE
address:
ELvc·il
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;. S. !(iU CLlJril E.D. fO.
* JAN8 1974 *
TIME A.f',1 ...................................
CIVIL ACT ION NO. 73 C 1529
P.M ...... .
Plaintiff,
v. I
FRED C. TRUMP, DONALD TRUMP I
I.I
AND TRUNP INC. , l!
I
Defendants. I
;,'
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"' .
TABLE OF CONTENTS
I
(N.D. Ohio Nov. 24, 1970)
United States v. Miller, Civil Action No. 70-40 (D. Md. April 27,
I
1970)
__./
- 2 -
-
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1-UDDLE DISTRICT OF FLORIDA
TA't-lPA DIVIS ION
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•
.. FINDINGS OF FACT,
OF lAW AND PRELININARY TNJUNCTION
I
I The United States of America filed this action on
II
March 14, 1973, pursuant to 42 U.S.C.A. §3613 against the
\'
\
denied.
Florene Apartments.
persons.
Fair Hous.ing Act of 1968. Mr. Raymond was told of the purpose
ll·
1:
My policy is not to rent rnv apartments to
I' black people. If I rented to black people I
II would lose tho:; :\·Jhite tenants in my apartment ·
I! house. In addition, with my plan to sell this
i!,,
apartment house [located at 516 lOth Avenue
II South,] if I had rented to black Rcople, I
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feel as it I would have lost. 1/3 of my in-
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vestment in this particular property.
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are no black tenants in any of these
apartments and never has been. If a black
II person wanted to rent nn apartment in one of
II these anartmcnts I would refuse to rent it
lj
, inasmuch as I ·Hould not "break the color
II line." (Emphasis added)
wife they were being evicted because they had black female
guests. Mrs. Sorenson left the apartment and met Nr. Raymond
evicting them, Mr. Raymond told her that it was because they
II I
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I, Nr. Raymond subsequently sent the Sorenson's 'an 'eviction
'I .
I
notice nnd they vacated the apartment at the end of May 1972.
I·
In his signed statement to the Federal Bureau of Investigation,
'
Z.Ir. Raymond admitted telling her that he "was not going to rent l
I
to colo'red people." I
• . ..
I
CONCLUSIONS OF lAW
1. This Court has jurisdiction of this action under
Hunting Park, Inc., '396 U.S. 229, 237 (1969); Walker v. Pointer,
I! I
1:,: 115, 122-123 (5th Cir. 1973); U.S. v. Hunter, 459 F.2d 205,
II
I'
,,,: 216-218 (4th Cir. 1972).
·'"j:
";,
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p
.,"
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I 5. To prove a "pattern or practice" of resi·.3tance to
,I
iJ:l the full enjoyment of the right to equal housing opportunity,
the United States must show more than "an isolated or accidental
l'Ii
instance of conduct violative of the Act, but rather, as the
II
!'
term 'resistance'· connotes,
. .
an intentional,
. regular, or repeated
347 F.Supp. 776; 783 (N.D. ¥dss. 1972). The Court finds that
F.2d 205, 219 (4th Cir. 1972). Cf. U.S. v. Bob Lmvrence Realty,
I
I -5-
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II
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347 F.Supp. 776, 779 (N.D. Miss. 1972). Further, the Court
., .
notes Defendant's contrite declaration in his testimony at the
I supra, at 228-231.
PRELIHINARY INJUNCTION
d
I Pursuant to the foregoing Findings.of Fact and Con-
II.,
III• elusions of Law, it is hereby
II
,,,, ORDERED, ADJUDGED AND DECREED by this Court that,
II
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pending further Order of the Court, the Defendant, George N.
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·Raymond, and his agents, employees, successors, persons
of race or color; I •
limitation, or discrimination;
complexes.
I,'I 2. The Defendant shall fully instruct all
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o·f his employees, if any, \vith respect to the provisions of th:.::;
,.i!,,
·iI. Decree and 'tvith respect to their obligations thereunder. Upon
,,,,
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.
II
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,,I, hiring a new employee, Defendant shall explain the.i of
this Decree to him and advise him th.:tt he is subject to all the
or color. •.
the Defendant shall file with this Court, and serve' on counsel
the visually observed race of each person who has, within the
apartment; and/or
were t.:::tkcn.
-8-
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records "tvhi<;:h ar_e the source of, or contain, any o'f the inforrr.a-
I)
II and copy all pertinent records of the Defendant at any and all
ii
reasonable times, provided, however, that the Plaintiff shall
II
endeavor to minimize any inconvenience to the Defendant from
il
I
the inspection of such records.
II
'
The Court retains jurisdiction of this action for all
I '
purposes, including particularly the purpose of modification
' I
of the terms'and requirements of this Decree in the event tha
of September, 1973.
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U:HTED f\IST'-'Tr'T \OPPT ' t .... _ ·-- -
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El\STE 10:1 '-'·-
cL!: Hr,:. . , i .·. ! ' : (; r. 7
HOi\itt=:idi c::5:i\,r;T Or OrliO
U"I"'l:-D
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Plaint:iff )
) NO. C 73-.139
v. )
)
CI':'Y 0F Pl\ P"7' , nr'I", )
O?I::I'YJ
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----
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I Battisti I c.,T 0
-
This is an action brouaht by the Attorney
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enjoynert of rig;1ts securec. l>y tl-:.e Fair IIousi:rrr l\ct ard ...
by the L'ltirteer-t;1 ancl .i\rercJr.e:rts to t1 .. c Uri tee:
States Corstitution.
-2-
!!<
36 5 US lG 7 and Ci tv of Druro,
-
(19 61)
---
1) t·1hile the Court in nonroe v. Pape, supra_, at p. 187-192
seemed to have expressly held that municipalities were rot
amenable to suit urder Section 1983, the holc1ina was construed
in several subsequert decisions by lower federal courts to
disalm·: suits :or dar1aaes but not suits seekir.a only equitable
relief. See P.o., Schrell v. City of Chica0o, 407 F.2d lnqt
{7th Ci r. r :- ':'he recert rul irq in
c1_is·)cll.::d
I
--- Stnr:;, ... - coul:Jts
ar:.'' '::'·
the by squarely ruliPq that tU"c"!er r.o c l . ..,...(:· ..... -
stances may Municipalities suhjcct to under Sec:tior' -
I . , ,-, r. .
;n .::-::c
1
Rlux Act of .
•.-:::'; orirrir ;1 J.y •:r,·:.r::t.ed u'>
20, 1371, 17 Stnt.
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13.
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:-1unicipalities ''·p0rsors" urclPr Section 3613 of the ra.ir ,1
•
Housirrr .:\ct. ':.'hie; Court TYJ.ust resolve t!Elt issu0 by adoptinr.
i
a construction of Section 3fil1 \·''1ich orop<:!rly cor·'norts
I larrrua(':o
I
so as to ni ve e f'fr:.>ct to intcrt of
I
-
l
St2tr:s v . . '":"rucldrrr 1'1ssoc., 311/ FS 534,
--------·--- -- . --:::-----·-
(lr:l.t')). leaislative !:istory t:as heer cited clearl'/
.
mar.ifestira ore way or other nuricinalitics were
racial and ratioPal minorities frore er.joyiro full apd fair f",'!l
·-4-
1.·
\vi thir the U.efirition t:1ere set forth, Connress r:1ust huve
irtnrdod to 42 esc
"''Pcrsor' ir.-:1\J._-:t'?:·; r)-(·- ,-;'l- ..
-· "'
leaal
mutual joint-steel:
trusts, oraari2atiors,
trustees, trustees in bar.J:ru'Jtcy,
and fiduciaries."
the lan9uage of Section 3602 (d) indicates only that the term
is a
11
t1E'rS(')fl 11
I·Jithir; t 1
\:" r'1('>(Jrirrr Of 42 esc and is uf'len-
;
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!
318 F.Supp. 669, 604 1970), aff'd.,
43G F.2d 103 (2d Cir. 11)70) 1 cert. den., 401 US 1010 (1971);
/"
-u-
t ...
·.·.'i t:1 r0. fusir.0 to sell or rent d\·:ell ir.gs on racial grounds,
'! 1
Jut also rrCJ.kr>s it url<r.·:ful to "ot!:<=>r.d. se !"'al·,e ur av:d.l
---- o-c
I.
II1 '
a o:.·le 11'1.r0 to ary pr:rson hecause of race, color,
I
reliaior., or oriqir." added.) This catch- -
all may not be easily discounted or de-emphasized.
made it, and all practices \vhich have the effect of del"'ying
United
.
States v.
- Youritas Constr. Co., F.Supp.
P • H • E • 0 • H • Rp t r • Par a • l3 , 5 8 2 { • D • C a 1 i f • 19 7 3) •
!l ...
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of Section 1617. 5
v. '•.·1c.\n1
' T' • th. er, sunra, )QS US at n. these rules in
,...
rnird, it would be ertirely inappropriata for this Court to
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" •
are denied.
IT IS SO onnEPED.
L--:J \ .
. Battisti
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'MIDDLE OP LOUISIANA
ENTRY a
MAY 15, 1973
\'JEST, J.
***t't*
Thie matter is before the Court on defendants' motion
'
/
of the statute L!volvod, and Ginco the court concludes that the
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IN THE UNITBD STJ\Tf:S DI[:TniC.r FOR
'l'IIE NIDDLE DIS'l'RIC'r OF AL:\D!.U•l.\
NORTliERJ.'1 DIVISION JUL 1 6 1971
JANE P. CLER
BY_______________ _
UNITED STATES OF AMERICA, ) DEPUTY CLERl<
)
Plaintiff, )
)
vs. ) CIVIL ACTION N0.3284-N
)
PELZER RE.U.,TY co:-1PANY, IUC. , )
ET l.L, )
)
Defendants. )
..,..
ORDBR
___ _
The Defendants', Pelzer Realty Company, Inc. and l•:illiam G.
denied.
'"De
this the / C --day of July, 1971.
1i E;
United Gtatcs District Judge
. '
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UNITED DISTRICT COURT CIVIL HIGHTS
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SOUTHETIJ."'l DISTRICT OF AI/1BAVtl\
213 U.. S. ,COUHT HOUSE & CUSTOH HOUSE -J:j:::-- ' l'c.IJ
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MOBILE, AIJ\BAH!\ 36602 l 1 -V . -- /
DATE: HAY 18, 1971
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3I MAY 21 1971
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DISTRICT COURT
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§3601 ct .sea'.!· ,The A.n. Company and
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Irene Michael', 'now move to dismiss the complaint. The
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is unconstitutional as a violation
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a residence by li
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. ·. of federal ,C: 53G03 (u) (1).
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42 u.s.c. §3603 (b) (1). .i\ft:cr Dccc:ilbcr 31, 1969 1 the Act
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exem?tion accorded to 'the. sale o:::. rental of a single-f ZJ\\ily
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A1'U.li'f.". LIVI310ii UIJCKETED
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tmiTEU STATES OF AHERICA
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VERSUS •• CIVIL 1-CTIQN 13,573
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behalf of tho United States unclc:r Title VIII of the Civil .::lid:ts '-'
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IN THE U:<llTED ST!I.'I'ES DISTRICT COURT FOR THE
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Upon due consideration, the Court finds the
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Agreed as to form: ·.-:·
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HIRL'1.H R. EISENSTEIN . _.:_--a
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Attorney for Plaintiff .·
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UELSON D2CICEL13Ailll
Attorney for Defendants
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XU 'J'HE u:H'.i'L':Q STI:.TI.::S DIS'riUC'J.' CCJUl\.'1.'
FOR TITE DI.S'1'RIC'l' Of' 1·1!\hYLT,J:m
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H. G. SHIT.HY et al.,
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Defendants )
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by the Court
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and it is
Company, Victor and Lydia Carone, aud Hrs. Le\vis Armstrong for
Victor <:nd Lydi<·. Carone and Hrc. Le-v:is Armstrong to c1i.smi.cs an-:.1
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Plaintiff,
NO. CIV. 70-23-PHX. {CAH)
vs.
NANfi.GEf,1ZNT CLEARING, INC., --------
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a corporation,
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Attorney 'for the United States of
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District of New York kncrica .V'-'DISTfi/Ct
Dy: l-llCIIAEL C. SILBER.3ERG, ESQ. ·. ,)Y '0• I'" I t: U (1>\
.. Assistant United Attorney .Y.::;.• . /7 _, ;.
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· Xhis is an nction brought b1 the Attorney General
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OFt-"ICC OF TIH: Cl..LRK
V •. IJAILE:Y·THOMAS
CLt:HK
Houston, Texas
May 1971 I
/" /'
Mr. Anthony J. P. Farris/ ..-''
United States Attorney
Houston, Texas
Nessrs.Vinson,Elkins,Searls & Sml+.h
First City l'ia tional Ban..J.c Bldg
Houston , Texas 77002
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·Gentlemen:
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UNITED v' ..··..•. . . :. : ·::. ·: ... : _..; . : ·.
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IGNATIUS J. CHIRICO,
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doing as • . .:.
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-; Defendant
. NO. 70-1851
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. ·. ·.- . .August ., J 1970
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This is a suit brought under the Civil Rights i
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42 u.S. c. §3601, et. seq., -by· ·the United States of
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to enjoin racial discrimination in ·the rental and .\, ;
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The comolaint states that defendant
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to Ncqrocs in at least one white re!:identiZtl area.
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has moved for a mm..·c aef·ini'tc statc::tcnt unccr Fcd.R.Civ.P. ;,
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ORDER ll I
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.· -.- In· this action b!:'ought
. hy the United States pursuant to
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- · Code) §3601, et f:eq., defendants Ro'be:rt F. H.:n.rd, d/b/a Bair' s
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Realty Co::1pany, Ed·h'ard Davis, d/b/a Ed·h'ard D.:!vis Realty
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'fhc ·};"ot:i.ons m1 for on }::..1·ch i3, 1970, •'i:H: Lh.-.
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on or hc:[or.c }i<lrch 30, 1970.
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So_ORDERED thi.§ _cl.D.y of }1arch, 1970. ,- - ..
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. IN ·THC r fED ST'TES DISTlaCT COURT
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}'OR THL DISTRICT OF TEXAS
/\ r::-'1 r •. ""l;l\;. ;:-r., C'l4 ;_·...... "V
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DALlAS D"1.VISION
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UNITED STATES OF AMERICA J.
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vs. l CIVIL ACTION NO. CA 3-7243-E
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MRS. DEAN NILES, d/b/a l
DEAN NILES REALTY, et al. l
0 R DE R
Complaint plaintiff filed under the 1968 Civil Rights Act, 42 U.S.C.
United States v. Bob La\vrence Realtv, Inc., 313 F.Supp. 870, 873
(N.D. Ga. 1970). The Federal Rules provide ample opportunity for
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nrsTRICT
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AND IT IS SO ORDERED.
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•?'\ Aiken, South carolina
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March 31, 1972. I
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The onl,'/ ruling that w;:,s found which might support a differ.·ent
conclus::.on i:; contained in the case of United States v.
_!l:1con, .102 F.,Supp. 759 (D.Kan. 1969); but thu.t ruling by
Distric': Court was reversed on appeal. 426 F.2d 539 (10L.!1 cir.
1970).
'.
- 2 -
CLERK, U.S. CUUK,
IN THE UNITED DISTRICT COURrf»OU.THERN .DISTR!,CI OFt TE/AS
FILED
'
FOR THE SOUTHERN DISTRICT OF TEXAS
JUL 2 71973
a
HOUSTON DIVISION
Y. BAILEY. THm,lAS,, CLERK
m1 })/uLi.J-ftl tUv
UNITED STATES OF AMERICA, )
)
Plaintiff, )
}
v. ) CIVIL ACTION
) NO. 72-H-993
THE JIM TUCKER COMPANY, INC., )
)
Defendant. )
0 R D E R
388 F.2d 123 (5th Cir. 1968). The record is clear that the
site to an iniunction.
.. ,
United States -v. W.
- -T. Grant -co.,
345 u.s. 629,. 633 (1953}; United States y. Oregon State
COPY I CEHTI.Fi
ATTEST:
v. Bl':tEY;1/J CLEW(
1 1
Bv · ·
Medical Society, 343 u.s. 326, 333 (1952); United States v.
"f
Hunter, 459 F.2d 205 (4th Cir. 1972).
J'
Accepting, but not deciding, the defendant's proposition
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of law, it is clear that the "burden is a heavy one" upon the t
defendant to, show that there is no such reasonable expectation.
f
necessary, not only to ensure that Mr. Tucker obeys the law,
but also to ensure that his agents do so. The affidavits and
is denied. '
1
In light of the plaintiff's assurances that interviews
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conducted unless the defendant grants permission to conduct
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to Pro d uce De · ·
J.s grante d/ I C.1: erk WJ. /f
/1/1 notJ. y 7ounse 1 .
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DONE at Texasi;::J/K;;;;}/?73. i
• • :.;> v
carl,..o. Bue, Jr.
United States District Judge :,'!
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UF ·------------- _________ ·-----·----------·-- --- -··--------- "'/C. Form 0:o. 18 (I>:v. Sc:p:.
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FOR TII:.-:
TAKE NOTICE that the above-entitled case has been set for pre-trial at
11 a.m. , on August 31 , 73 , at Houston, Texas
before United States Magistrate Ronald J. Blask, room 12628,
515 Rusk, Houston, Texas
By __ -----/. __-:---
__-_-_-;-
Rona 0 'Quinn / Deputy Clerk.
'
To Nr. Norman P. Goldberg
Mr. James R. Gough
Mr; John A. Bailey
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,:.11. mot:j_ons, sross cL::ir:1::;, amendm-2ats, and ot (:1 ......
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5. Other
7. The caze is set for Csll and Trial befor2 Judge Jue at
oiclock on The ?Ocition
of case on the can be assertained by contacting the
De?uty
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ne5otlat1on3 are <
ere not •
preaen t l-Y 1n. progress.
If the cas-2 is settled, .s.nd- such is made prior to
trLsl 7 settlemc=nt J:,c-,:;erJ will be to Judge 3ue before th'2
trial date) OR counsel will in court on the dat2 of trial
to dictate the terms of the settlement into the record and the
.,, b e r.:;J..::::mJ..:;se d at thc:t time, the court ret.s.:t.n:Lng JUrLs d.lC-
C£l3e tvL...
1• 0 0 • • •
conference held
H. Lingo U. S. Magistrate
for Plaintiff
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IN 'l'llE UNITED STNi'ES DISTRICT COURT f
!\
FOR THE SOUTHERN DISTRICT OF TEXAS I
t
JUDGE CARL 0. BUE, JR.
I •
IN GENERAL
l
create a problem for counsel in any case, they will be discussed
with the court and opposing counsel well in advance of the trial
date.
J
Well prepa:ced trials bring about the fairest and most
most fully and clearly and crea·te t:he most complete record for
.,.
.
'
'·
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three business days before the trial, unless some other time is
so that ·tho court and tne law clerks can be full v acquainted
\·lith and support the issues raised by the parties in the Pre-Trial
the case upon conclusion of the evidence, ·.r: the court feels it
l.J..
2• Pre-Trial
The --------- Order will be filed \-Ji th the clerk along
-----------
t·li th the mf'>morarda of -at least three business davs. befo:t-e
-----···- ----------.--- ---- -------------------------"-
trial. It should narrov1 the issues for ·the benefit of the court.
trial should also be set out along \•lith supporting legal authori-··-
individual
(f) iisputed
).
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(g) Such other information or data as the
.
attorneys, may deem pertinent and helpful.
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fully exhausJcec1 before the date of trial in order to minir::ize
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the expense and conserve the time and effort of the court, the
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7. If a portion of any deposition is to be or
trial, and the court \•Jill rule on the ol;jections before the I
trial commences. t
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8. All trials \·Jill commence at 10:00 a.m. unless counsel I
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are notified to the contrary. The noon recess will normally run
'·
-5-
. 10 • shall be in a position when the slarts
called.
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11. If counsel require a vieT,.Jbox or other
require the D:::!puty Clerk and the la'Vl cleJ':ks at the request of the
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13. If any other arise ".vhich are not covered in the
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above procedures. counsel for the par-t;:·ies with the
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... CERTIPICATE OF SERVICE
address:
__ d ,/J.__f.:tu_"-,,ft_, ,<(___
ELYSE S. GOLm-JLBER
7
/
Attorney, Housing Section
. ·1 R.J_gnts
CJ.v:L ' n· · ·
Department of Justice
Washington, D. Co 20530
.r.
,·
r"lt:.EL,
IN THE UNITED STATES DISTRICT COURT FOR THE IN CLERK'S OFFIC:.:.
'· S. DISTRICT COURT f..i} fU.
EASTERN DISTRICT OF NEW YORK
* JAN8 1914 *
CIVIL ACTION NO. 73 C 1529 riME A.M .....•...•.•.-...-...........
P.M ............
ELYSE S. GOLDWEBER
;< Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. c. 20530
@
f.
v.
FRED C. TRUMP, DONALD TRUMP
AND TRUMP MANAGEMENT INC. ,
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
U.S. Department of Justice
Washington 2 D. C. 20530
\.._
IN THE UNITED STATES DISTRICT COURT FOR THE
Plaintiff,
v.
Defendants.
Roy Cohn, their attorney. The only matters before the Court, based
miss the action and for a more definite statement and plaintiff's
germane to any issue before the Court. The counterclaim seeks the
mind both of the Court and of opposing counsel, Mr. Cohn has stated
*I There being no specific matter before the Court for which affidavits
- would be appropriate, we have not responded by affidavit. Most of
the facts discussed herein are based on the pleadings and associated
papers previously on file. The remaining facts - primarily those
dealing with the press release and with notice of the suit to defend-
ants - are true to the best of the knowledge of the undersigned
counsel for the United States, and, so far as we know, undisputed.
- 2 -
1. "It appears certain that [the Government] will
be entitled to no relief."
Mr. Cohn has thus sworn not only that the complaint is baseless, but
The sole stated basis for Mr. Cohn's certitude that the alle-
- 3 -
.
affiant that the United States has evidence of recent acts of dis-
vided by the Commission on Human Rights of the City of New York and
*I See, e.g. United States v. Procter & Gamble, 356 U.S. 677, 682-83
- (1958), in which the Supreme Court described how discovery makes
a trial "less of a game of blind man's buff and more a fair contest."
**I This number has since been increased by further investigation and
-- may well rise further as discovery proceeds.
***/ The very newspaper clippings which counsel attached to his affi-
davit disclose that the City Commission and the Urban League pro-
vided information to the United States, but counsel's affidavits
disclose no inquiry with these organizations. There has likewise
been no suggestion of an exchange of informal discovery, which
would then have been forthcoming, and could have provided defend-
ants with information contrary to the content of Mr. Cohn's
affidavit.
- 4 -
II. Alleged Coercion of Defendants to Settle
*I See Ex. 1.
- 5 -
to delay the litigation, */ but seeks to achieve equal housing
At page 3 of his affidavit Mr. Cohn swears that the real pur-
statements suggest that it has been the policy of the United States
general rental criteria for persons who are on welfare. This is not
true, and the falsity of the allegation is apparent from the face of
States v. Life Realty Inc., Civil Action No. 70 C 964, copy attached
**/
hereto ·-
See Ex. 2.
- 6 -
No proposal has ever been communicated by plaintiff to defend-
anmat all about welfare recipients. The only possible basis for
with Life Realty Co., which was given to defendants at the request
of Mr. Abraham Lindenbaum, who was then acting as their counsel and
asked the United States Attorney's office to provide him with a copy.
recipients at all. */
does not require the Life Realty Co. to rent to persons on welfare
- 7 -
equally, regardless of the source of an applicant's funds, */ on
also a welfare recipient brought suit against the United States and
The Court found no basis for the suit against the United States.
Boyd v. United States, 345 F. Supp. 790 (E.D. N.Y. 1972). Accordingly,
only inconsistent with the other evil deeds which Mr. Cohn has
ascribed to us, but also lacks any support whatever in the record of
- 8 -
IV. Notice to Defendants
to hear that this suit had been brought, because he had not received
action, and because "the first I head about it was on my car radio
the morning of the 15th," the date the complaint was filed. Mr.
Trump's words are carefully chosen to make it appear that the suit
the Trumps which are not in the Complaint, was released to the press
shortly after the Complaint was filed and had become a matter of public
record. The case was certainly one of general public interest, and
- 9 -
Even if defendants' allegations that news of the suit was
true, this would not have been unlawful. Unlike some other civil
v. Luebke 345 F. Supp. 179 (D. Colo. 1972). Even though no such
of courtesy, before the media report them, and this procedure was
torted the events which occurred when suit was filed by omitting
This suit was filed shortly after 10:00 A.M. on October 15,
phoned both Mr. Durban of Durban and Tosti, attorneys and statutory
agents for the defendants, and defendant Donald Trump and advised
each that the suit had been filed. This was accomplished no later
by the media, for the press release was not issued until after the
case was filed. Mr. Trump expressed no awareness of the suit when
- 10 -
Mr. Trump's affidavit fails to mention Ms. Wolf's telephone
call at all, except by the artful use of the phrase "no formal
it.
CONCLUSION
the Court with material which is so remote from the merits of the
motions now before the Court. We believe, however, that the foregoing
counsel for the United States and the baselessness of the sworn
discovery.
- 11 -
If the entire controversy has any relevance to the issues
Respectfully submitted,
1_
FRANK E. SCHWELB
States Chief, Housing Section
orney Civil Rights Division
Brooklyn, New York Department of Justice
Washington, D.C. 20530
c:r.
1
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!1v-·e
ELYS S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
'Department of Justice
Washington, D.C. 20530
EXHIBIT 1
.
Nov 7
'
T. 11-7-73 1973
I,,
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prlor to_ the filing of the complaint in this action, we
believe the Decree should prohibit all discriminatory
practices and should include, at a provisions
aueh as those described Let me stress that these
provisions are not necessarily exhaustive, and that alter-
native steps to aceompli:Jh the same result may be given
appropriate consideration:
1. Instructing all employees in detail as to
their responsibilities under the civil rights lawa and
ni!'•t-:r•;
\._
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1
rac1a11dentifieation would be necessary to enable us
to make an appropriate evaluation of the adequacy the
affirmative action program.
It would also be necessary, during the discussion
of a Consent Decree, for our representatives to inspect
appropriate company records and obtain certain information
pertinent to relief.
We will, of course, be happy to meet with you and
";"OW:
v
to of. Consent Decree
consistent with the principles set forth herein, as well
as any counterproposals which you may have. Please feel
free to contact me at (202) 739-4132 if you have any
questions concerning the matters set forth in this letter.
Sincerely.
J. STANLEY POTTINGEll
Assistant Attorney General
Civil Rights Division
By:
ELYSE S.
Attomey
Housing Section
'......
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1/ For the purpose C)f this order the term "successors" sh8.l-.
'be defined as folloi'rs: The successors of Life Rea.lty, Inc. j
include any person or group of persons 1-1ho in the future mayl
act as rental agent for any of the buildings in Brootlyn
rented by Life Realty, Inc. at the time this decree is ent- I
cred, unless the of any such building shall be I
changed in a. bona :'ide arms' length transaction. 1
l<urther, for the purpose of this C:-d-?r the ofi
Apartment I;easing Corporatio:-1 of America shall i!1c1ucic c.ny ,1
person or grot.:p of persocs viho in the future may as man·· 1
e.r;ing agent fo:- the bui lc. ings in Brooklyn lis ted on Attach- !
l men t- }\
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unlo:: ,., o •oo . . h the o,·rners.J..p c.nd :.... n"' t:,tl!h..H. r.J!"'oi
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concert or participation \'tith any of theruV,
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arJ per.manently with regard to the buildings \
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. A • . Representing to any because ·
pf' color, religion or national origin, , .
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· • fact available,; and : . :
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·. · · :·.B. · Making unavailable or denying any
to any person on account of race,
1
.·.:·color, religion or national origin.
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. .In order t? assure nondiscriminatory assign-
,
ment of tenants, and to encourage integration of the build-
inga listed on Attachment "A" hereto, Li:fe Realty, Inc. will
__. __ .: ___ A-;-=----=Maintaln a date and time-punch
.-·-·: · its. of:(lce iri Brooklyn, and
. · ---· · • = '.. -··· .. :stamp every application which is submitted
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(b) address I
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. net salary after thholding tax,
. other income and obligations on .,. .
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installment contracts, condi-
tional sales, bank loans, fin-
. ance company loans, mortgage
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loans, payrr1ents required to be
r made on judgments, garnishments,
r·
.·.•..". ... ..........
and all other information show-
ing, on a monthly basis the
obligations (in of the
applicant; and the same infor-
mation, together with the age
for any working spouse or other
·. person who will live in the
apartment;
' · . .
· · · · ·. (c) The name of any bank
_ ...... ;. · · · ·in which any or all adult appll-
.... _ ... .:.:;__··____
· __ :.-: -'-··::.. cants maintain either a check-
:;·-::·--::-:::lng account or savings account;
----------- ·---- · · • . . :· . (d) Former residence and
-::-:;_·-:-;·-:-landlord of all prospective · -
. . .· · . -:. . occupants;
:
_., .:· 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :_ ....
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by the applicant has been verified
by defendants, and if he has been a
satisfactory tenant at his prior
residence, and if his net income
per week, after deduction of the
..,.; obligations listed in V. C. 1. (b)
'·
of this Order on a weekly
proves to be equal to at least 90%
of the monthly rental of the apart-
. ment for l'lhich he has applied, no
further investigation sha.ll be con-
ducted, and the applicant shall be
cccepted or rejected on the basis
.......
of information already avaiJ.ablc.
No applicant shall be rejected for
failure to have a checking or sa.vlngs
account at a conunercial bank, if said
:failure l'ras truthfully stated by the
applicant in his applj_cation;
5.
If any item furnished by
the applicant cannot be verified,
or if he has proved to be an unsat-
isfactory tenant nt his prior n::si··
dence, or if his net 't'TCcl\:J.y :i n:-;o:;;c
-. -
-\ .. "!:.
1 ' ------·- ·--·----C---··-------·-·•·• 1
·ft:"t·)··
I·
. 1
"1.
as defined above is less than 90%
:I of the monthly such further
;· and additional investigation may
• be conducted as may be judged nec-
I...
essary to determine the applicant's
acceptability as a provided
only that the extent of such addi- '
I r
tional investigation may not be
__ . _ . (;}etermined or affected by the appli-
li
r· l cant's
. national origin.
color, religion or \
·by reference;-·---------- .
--- . --
-l·
-·---· - --
---------·--------·· --
. - ---· - -
•" -- t" .- ... --
--.··
• !'::.
from the entry of- this Order, Lif'e Realty, Inc. }t.i:J.--1 main-
tain in its Brooklyn office a \•Teekly "Special List" to be
posted on Wednesday_ morning of each \'Teek, shm-ring all those
. . . .
apartm_nts to be available in any building on Attach-
ment "A'' (other than those named-in paragraph A. hereof),
which wilf be available for occupancy no less than four
lTeeks from the posting date. This special list \'Till spec-
ify the price, size, rental, and whether utilities are in-
cluded in the rent, and the date on \'Thich the apartment \'Til1
be available ror
c. The special list described in paragraph
,.
B. above shall be available by \'Tri tten application -.;'lith a
$25.00 deposit untll 5:00 P.l-·I. of each Friday, exclusively
to tenants of' the seven -ouildings named in paragraph A.
whose_ occupancy, as determined by lease date, shall
have conunenced January 1, 1969 and prior to Aue;ust 1_,
1970. ·After 5:00 P.l-1. on each Friday the a.pa.rtments on·· the
- 5 -
......
Iy
, ) .I
' !
· .. ·.
.;r: • ....
. I
tion and permitted to take occupancy of the new apartment
. I
without any or sacrifice_of security deposit,
. I
cept in relation to liability for damage to the apartment
vacated.
E. The provisions of Part VI. hereof shall
:
. --.
after_one
---·-- --
year from the first posting pursuant
-
·shall have transferred to other buildings pursuant hereto,,·
whichever is, sooner . .• :.. .• _»':" ......
-- ----- - - --.
..... . -
- 6 -
:,.
• ., I
-'.
after, the defendant shall have fifteen (15) days fro1n the
date notice is received of such complaint and the nature
\•ras made. There-
l
I
- 1 -
.
,.. .: :j
i.
parties by telephone, decide whether an emergency
exists. If the Court determines that an emergency in fact
exists, plaintiff may proceed to move for immediate relief
without necessity for the fifteen (15) days' notice prov.ided
• ... I
-rlI
. i
I I
- 8 ..
sence of liability, the under&igned apply for and conLt
• to the entry of the above Order.
. .
· · ·FOR THE PLAINTIFF
......
\
ETivfARD-Ir.NEAHER
United States Attorney
__ ___: - -- _
_;.("
-Y---o-r--k----_-_--:...___ .
-- -·-
NORSE
Chief s. Attorney ..... .. . - .
------ -- ··Eastern Distr.: of:.-Nc\'T· York - · .. ·- ·· - ··- -- ·
·------ ...
·-
-+-··-· ·-
'1
·;
'J
''
1
'F,RANK E.
£. &:_6"'ivtt-
--.- - - -
-··,-
MIRIAM R. EIS-E1{STE1N
Attorney, Department of Justice
.
RfCHARD L.
Attorney, Department of Justice
.."
•
,--
V df!l!.!)cZ(-?_'A_·
/,) '1
_).,.:..:..!._ _ __
·-, .
. Cit·<-<.., iLo-....
,
.
.. - #' •.
;
• '
4
-,9 -
I
-:
ATTAC:t-:I·EN'r "A 11
mvNER ADDRESSES IN BROO!ili YN, !IEH YORK
i
Amherst Leasing Corp. 845 - 43rd Street
Annapolis Leasing Corp. 2815 Coyle Street
Arcadia Leasing Corp. 3232 Shore Parkway
Atlantis Leasing Corp. · 3235.&runons Avenue
i·
.. ... r
.. ·Bel Air Leasing Corp • 2775 East 12th Street
Belt Parki'lay Cons tr. Corp. 2625 East 15th Street
Buick Leasing Corp. 2626 Homecrest Avenue
_Citadel Leasing Gorp. 1 Prospect Park Southvrest
Colgate Leasing Corp.· 4411 Church Avenue
Cornell Leasing Corp. 665.New York Avenue
Dakota Leasing Company 2425 Nostrand Avenue
Danbury Leasing Company 388 Avenue X
Dartmouth Leasing Corp. 4114 Ninth Avenue
Dela1·rare Leasing Company 7705 Bay Park\·ray
. ---- . - District Leasing Corp.
•·
_ 250 East 38th Street ·
____:.:r- - --- . Dodge Leasing Corp. .. _-· ____950. _.
-Dover Leasing -Corp. _ 2375 East 3rd Street
.. --. ·--- - ..
__ . _170 East 4.th Street
------------------------------------------- ·------------------- ---\-
He the
WjGconsj.n
Corp.
Co.
295 Clinton Avenue
1201 Ocr c.n _!Jc.r}:\;:;y I
t,
.
TO ALL APPLICANTS:
I
In order to promote nondiscrimination in
I
, · lr · ·
accot>dance l'li th the Fair Housing Act of: 1968 please 1
;; •.• . l II
check o!le of follm'ling as to your race or national
originJ IF YOU CHOOSE 'I'O DO SO. • ·.
-----White
-----Black
-Other
·------- ------------
'" ....
_,. .. Failure to ans\-ier '\'TilT not· adversely aft:ect your
- ·"·-
-·-
_ _ _ _._ .. .!:,..Lt.·-
of __ __
..... - - "'·
,. ...-.,.-.... ;
(Please Print)--NAME
•
.....,.
; .
:".'
"
'
--
.j .i
y · ATTAClll·lENT "C"
except to the extent that the ne'\·T rent is higher than your 11
present rent. Ho,.mver, if the new apartment rental is less
than the rent- you are no·w paying, you '\'Till receive the
l
difference between the old monthly rent and the new rent
·ror -the first in cash, as· well as your first month 1 s
rent free. . _ .___ __. __ .. _. . ---- --------·
-· _ This offer applies .only to those apartments ··
ing on lists Corp., 1790 Flatbush
Avenue Brooklyn, New York, for occupancy not less tha.n
I·
four '\·reeks from the date of application. Thif)__o.i'fer
\'Till expire '\·Then the first fifty (50) tenants have trans--
ferred under its terms, and in any event '\'iill expire OifC
year from the date of this letter.
'
If you have any questions regarding thj_s special
off'er, call Hr. Hc-Ha.rd Jacobs at IL. 9-9021, or Hrs. Rheba 1
Gelme.n Life Realty Corp., 1790 Flatbush Avenue, Brooklyn, l
Nevr York, celephone CL 8-9090.
f
.,.,. ..
EXHIBIT A
UNI'l'ED OF AttiliRICA,
Plaintiff, CIVIL ACTION NO. 70 C
-against-
AMENDMENT TO CONSENT
LIFE REALTY, INC., et al., ORDEH OF 1971
Defendants.
.., ...
' 1 l
.. ..
J:...)__cont
Jack Weinstein
United States bistrict Judge
')
The parties, by their attorl1eys, con:3cnt to the entry
of this amendment to the Com;;ent Order .
•
For the Plaintiff: the Defendants:
liENRY A. BHACll'l'L
Assistant United States Attorney
Eastern District of New York
/
lUCHAHD L. t·IAS'l'EH .. /
Attorney, Civil Rights Division
Department of Justice
, I I I ;;
EXHIBIT C
NOTICE TO RECIPI2rtiS
NO APPLICANT WILL BE
AS A TENANT BY
HIS NET WEEKLY r::cm,fE IS EQUAL
TO OR GREATER THAN 90% OF THE
MONTHLY RENTAL THE APARTNENT
FOR WHICH HZ APPLIES,
OR
OR
<II
· .·I:
,,•. /W !]rparfm£nf nfl · EXHIBIT 3
New York City metropolitan area with discriminating against black persons
Donald Trump.
The suit said the defendant!? have violated the Fair Housing Act of
1968 by refusing to rent and negotiate rentals with blacks, requiring different
The suit asked for a court order enjoining the defendants from
conduct.
.(OVER)
i
- 2 -
.- • . 1'
Rights Division, said the suit is the Justice Department's second major
Life Realty Company, was resolved by a .consent decree ':lllder \\h ich black
by the New York City Conunission on Human Rights and was based in part on
allegations made by Operation Open City, vbich is affiliated with the Urban
League.
I)( IJ-1'1-;":1-111 I
·----- ---
...
CERTIPICATE OF SERVICE
F ..
I, Elyse S. Goldweber, an attorney for the plaintiff,
address:
-against-
* TIME A.M ........................ .
STIPULIAM.ION·
FRED C. TRUMP, DONALD TRUMP,
and TRUMP MANAGEMENT, INC., Civil Action File
No. 73 C 1529
Defendants.
--------------------------------x
IT IS HEREBY STIPULATED AND AGREED, by and between
the United States Attorney for the Eastern District of New York,
attorney for the plaintiff, and Saxe, Bacon, Bolan & Manley,
By
C0
?
UNITED STA,TES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------x
UNITED STATES OF AMERICA
Vo'
73 c 1529
FRED C. TRUMP , DONALD TRUMP
and TRUMP MANAGEMENT INC.,
Defendants.
----------------------------x Frr:eu
(I{ CLERK'S OFFICE:
U. S. DISTRICT COURT £.D. N.
'4- JAN221974 *
fiM£ 4.M........................-......,
f>.M •....
/I
ib
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------x
UNITED STATES OF AMERICA
v. 73 c 1529
FRED C. TRUMP, DONALD TRUMP
and TRUMP MANAGEMENT INC.,
Defendants.
------------------------------x
DEFENDANTS REPLY MEMORANDUM
OF LAW IN SUPPORT OF DEFENDANTS
MOTION TO DISMISS COUNTERCLAIM
PRELIMINARY STATEMENT
unfair publicity.
October 16, 1973, p.l), and "U.S. suit against Trump charges
premature settlement.
and especially that the government had not won the case; but
but one line charging a defendant with arson and then requiring
defendants motions. The cases break down into two major groups.
-2-
The first are those in which the government supplied facts
are a few cases which do not fit into either of these groups
IN SUMMARY
-4-
In the decisions in which there is some discussion,
POINT I
GOVERNMENT'S COMPLAINT
SHOULD BE DISMISSED
-5-
"alle ations of conclusions or of
are not suffic1ent when no facts are a
by way of the statement o'f the claim."
supplied) .
(C.A.2d, 1971) 448 F.2d 442, Israel v. City Rent & Rehabilitation
908.
-6-
of abuse has become a reality. The complaint lacks facts
protection against.
POINT II
POINT III
DEFENDANTS'COUNTERCLAIM
SHOULD NOT BE DISMISSED
-7-
by the institution of this action, has subjected itself to
CONCLUSION
Respectfully submitted,
-8-
"
S I R S:
PLEASE TAKE NOTICE that plaintiff, United States of
other and further relief that this Court deems just and proper.
Dated: January 21, 1974 Yours, etc.
Brooklyn, New York
·a
New York, New York 10021 Washington, D. C. 20530
. BRACHTL
United States
Attorney
Department of Justice
Brooklyn, New York 11201
&.ft
GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
...
CERTIFICATE OF SERVICE
M.LJ' iJ.&G
GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
... -
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
says:
pending.
NOTARY PUBLIC
My Connnission Expires: /y; /:Y 7 / .
CERTIFICATE OF SERVICE
xf
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
i;t 'J;.-.=1
. Er
U\1 C: C' :c . 1
Defendants.
-------------------------------------x
FRANK E. SCHWELB
Chief, Housing Section
Civil Rights Division
u.s. Department of Justice
Washington, D. c. 20530
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
u. s. Department of Justice
Washington, D. c. 20530
IN THE UNITED STATES DISTRICT COURT FOR THE
Plaintiff,
v.
Defendants.
Plaintiff,
v.
FRED C. TRUMP, DONALD TRUMP
and TRUMP MANAGEMENT INC. ,
Defendants.
INTRODUCTION
On October 15, 1973, the United States instituted this action,
pursuant to Title VIII of the Civil Rights Act of 1968, 42 U.S.C.
the Complaint fails to state a claim upon which relief can be granted
- 2 -
answers or objections to the interrogatories until a ruling on
gatories promptly.
DISCUSSION
their defense of the action. Since the defendants have not filed
has propounded.
- 3 -
protective order, under Rule 26(c) of the Fed.R.Civ.P., to excuse
1970 to remove the requirement that the moving party prove "willful-
- 4 -
disclose all discoverable evidence in response to an appropriate
same.
interrogatories.
Respectfully submitted,
-f
NRY A., FRANK E. SCHWELB
t United States Chief, Housing Section
ey Civil Rights Division
Department of Justice Department of Justice
Brooklyn, New York 11201 Washington, D. C. 20530
GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
CERTIFICATE OF SERVICE
J
ELY S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
JDP:HAB:sm . ..
F.#730959 -. 11'-J \Jr
UNITED STATES DISTRICT COURT . !F
EASTERN DISTRICT OF NEW YORK ,,
Plaintiff, 0 R D E R
ing (1) that the complaint states a claim upon which relief
forth below, it is
-1-
ORDERED, that defendants answer plaintiff's
interrogatories of November 7, 1973 on or before April 1,
1974.
Dated: Brooklyn, New York
, 1974
DJ.strJ.ct Ju ge
0;
v
AFFIDAVIT OF MAILING
STATE OF NEW YORK
COUNTY OF KINGS
EASTERN DISTRICT OF NEW YORK, ss:
day of_ ________________________ , I deposited in Mail Chute Drop for mailing in the
U.S. Courthouse, Cadman Plaza East, Borough of Brooklyn, County of Kings, City and
of which the annexed is a true copy, contained in a securely enclosed postpaid wrapper
directed to the person hereinafter named, at the place and address stated below:
the office of the United States Attorney for the Eastern District of New York. That on
the ___ J_Q_th__ day of _ ______ , he served a true copy of the annexed
of Settlement and signature
nrde.r.._wi_th__N_o'tice.im the office of __ _Bac_on_, _
STELLA B. MAGI'ER
Notary Public, State of New York
No. 24-4501884
Qualified in Kings County
Commission Expires March 30, l'lrs--
"
UNITED STATES DISTRICT COURT C
Plaintiff, ......... , . , . , ,
ANSWER
-against-
Defendants .
- X
By \_ -- vI " ><Y i l ¥ I
By {'·-\_
\_
Attorneys for Defendants
39 East 68th Street
New York, New York 10021
UNITED STATES DISTRICT COURT r-: ! t ;:·: ..
1'.. ' .
EASTERN DISTRICT OF NEW YORK U.S. DlSLfC! C.;·;·., .
X
Defendants.
- - - - - - - - - - - - - - - - - X
injunction.
for the violation and in what manner you learned of the violation
was taken to verify the complaint, and the results of said action
violation.
2
of the foregoing interrogatories.
Respectfully submitted,
By
,
J
. ' "''>('+--''/\
0 /,
fI II"
l{ CiJ---- ----
,
/ •1
1
... ' 4 -- .. ,__ ...
i
Attorneys £or Defendants
Office and P. 0. Address
39 East 68th Street
New York, New York 10021
,- I L 1::. p.__
mCLERiC> cmc _
UNITED STATES DISTRICT COURT J, S. D!STRICl COURf E.D. fti.
2
13
14 11 B e f o r e:
" HONORABLE EDWARD R. NEAHER, U.S.D.J.
15
16
17
18
19
20
21
BURTON H. SULZER
22
OFFICIAL COURT REPORTER
23
24
25
\ .-· '
2
APPEARANCES :
2
EDWARD J. BOYD V, ESQ.,
3 Acting United States Attorney for the
Eastern District of New York
4
BY: HENRY A. BRACHTL, ESQ. ,
5 Assistant United States Attorney.
10
ROY COHN, ESQ.,
11 Attorney for Trump Management Inc.
F. c. Trump and D. Trump.
12 ......
13
14
15
16
17
18
19
20
21
22
23
24
25
3
2 THE CLERK: united States against F.c. Trump,
3 D. Trump and Management, Inc.
4 MR. BRACHTL: Your Honor, the first matter of
5 several to which we'll be addressed this morning will
6 be Mr. Cohen's motion, but before we get to that
7 I would like to first introduce to the Court Frank E.
8 Schweld, who is the Chief of the Housing Section of
9 the Civil Rights Division of the Department of Justice, 1
10 my very best.
14 it was so.
6 policies.
8 News and the front page of the New York Times emblazone
9 the facts for all to see and all to read, and I guess
20 thing started.
25 is, and the government concedes that they did hand out
6
24 jobs in ar organization.•
12
17 them and blacks walk in and out and I assume they are
23 or non-Puerto Ricans.
19 apply.
15
16
17
18
19
20
21
22
23
24
25
18
6
has been discriminatory practice in this case.
7
Having failed to do so, at this point, we ask
8
your Honor most respectfully to dismiss this complaint
9
or make them replead in conformity with the practice
10
in this District, and, as far as I know, in every
11
Court and District in the United States.
12
The only other motion -- I have covered the
interrogatories, your Honor, and I would say we
13
certainly do want to be heard on that, as your Honor
14
might gather, but I would think we would allaqree
15
that is probably appropriately dealt with after we all
16
13 sued.
td/2
'l'HE COURT: All right. Now, let me hear on
2 the matter of the complaint. I take it you are qoing
3
to proceed with Miss Goldweber on that?
4 MS. GOLDWEB&R: Good morning, your Honor.
5 Firstly, I would like to remark that this action is
6 a civil action and not a action. The United
7 States filed its complaiat in this action on October
8 15, 1973, and alleged that the defendants have engaged
9 in racially discriminatory conduct with respect to the
10 rental of their apartments, in violation of the Fair
11 Housing Act.
12 The defendants, and if I understand
13 argument correctly, have moved this Court to dismiss
14 the Government's complaint because it fails to state
15 a claim upon which relief can be
16 The United States contends to the contrary,
17 that its allegations contained in paragraph five of
18 the comPlaints specifically state a claim upon which
19 relief can be granted by alleqiaq, firstly, that the
12 it rests.
15 denied.
21 MS
.GOLDWBBER: Right.
10 by their union.
21
criminal statutes, that persons who conspire to deprive
5
but fourteen thousand apartments, a far flung, wide-
7
definition should be conveyed in the Government's
8
initial pleading, so that proper interrogatories might
9
even be served on that basis, and issues more readily
10
brought into sharper focus.
Ar the moment, as I see it, this is a very
11
this document.
2
As I say, I would be perfectly willing to supply
3
you with the latest SEC production, to illustrate what
4
I mean when I say that this would not bring about the
5
sort of contrOYersy we have here,since it so clearly
6
lays out for the defendant in that case, what they
7
have done wrong.
8
MS. GOLDWEBER: Well, your Honor, in this case,
9
I respectfully have a bit of a different interpretation
10
I think, first of all, one of the defendants, Donald
11
Trump, and defendant's counsel, they have both filed
12
affidavits with this Court, denying that there was any
13
discriminatory conduct on the part of any of the defen-
14
dants, to their knowledge, and the Government's charges
15
are totally unfounded.
16
THE COURT: Of course, that is all conclusory,
17
isn't it? It is conclusions opposed to
18
I deny what you say, but I frame my denial in an
19
affirmative way, rather than in a negative way.
20
MS. GOLDWEBER: I understand that, but I seem
21
to believe that if they had done that, then they would
22
have been able to answer the complaint and that's all
23
they would have to do.
24
THE COURT: From the standpoint of dealing, let•
25
say, with your interrogatories, how can they successful
30
14 bring in evidence to
15 THE COURT: I can understand the probative value
12 understandin4J.
19
it has helped the EPOC in eaforciriq !itle 7.
20
THE COURT: That is now a new policy since the
23
any employment agency to inquire as to the race of any
18
some attempt at definition rather than simply a charge
19
that you have violated the law, which is the way I have
20
to read this complaint.
23
interrogatories, in which we ask for fairly detailed
10 utilized for.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Js I
THE COURT: Well, I understand that interroqatories
2
are demanding in terms of specifity, and that aiqht
have been better remedy for defeDdants to seek.
3
I think, however, what concerns me is that you
4
get a complaint like this followed by a fairly
5
exhaustive demand for interrogatory answers by the
6
Government, that is on the part of the Governaent,
7
there is no tiae period, no time frame possible to
8
determine from the face of the complaint as to whether
9
such an request going back six years would
10
be justified, at least in the first instance, without
11
some more of a showinq that what was asked for was
12
truly relevant to the issues that were going to be
13
litigated.
14
MS. GOLDWEBER: Could I suggest that one thing -
15
the Court's purpose is served as well if the defendants
16
knew he filed a denial, general denial to the complaint
17
and then filed with this Court, either a motion for
18
protective order to give them further time to object
19
or an answer to the interrogatories, and then filed
20
their answers or objectioas, and then each specific
21
thing that is contained in that interrogatory, so we
22
would understand exactly what everyone was objecting
23
to, and it wouldn't be just sort of a vast array of
24
things, but we would know specifically what interroga-
25
36
12
opportunity to object to anything about those that they
15
that understanding, that you will have an opportunity
16 within
17
What would be a reasonable time in which you
18
could put together something like that?
MR. SCHWELD: You mean to answer them or to
19
20
file them?
THE COURT: To file them. How much time would
21
12 goes on.
14 on that basis.
21
THE COURT: Yes. It would dispose of that as
23
With respect to the Government • s deaand for
6
within a reasonable time, so that there wouldn't be
8
In other words, I assume you will make a
9
selection of those interrogatories that you feel you
10
have a good objection to, and you urqe that, and that
8
the fraaework of the Federal Tort ClaiMs Act --
MR. COHN: Wlaich would require consent
9
2
Are you planning any press releases on any
3
of these proceedings?
4
(Discussion off the record.)
5
MR. COHN: You are not planning further press
12
MR. BRACHTL: All of this must be in context,
13
of course, of the continuing interest of the press,
14
and inquiries which are made, which require, I think,
15
as a public obligation, a response.
16
THE COURT: Mr. Brachtl, if your fellows upstair
17
would apply your ttae and attention to the prosecution
18
of the business of the office and let the press ferret
19
it out, that would perhaps resolve the problem.
19
.........
20
21
22
23
24
25
'J
to the above:
Fontainebleau Apartments
8855 Bay Parkway
Brooklyn, New York
160 units
directly after Ms. Davis and was told by the same superintendent
that she could immediately rent either one of two available apart-
ments. */
Beachaven Apartments
Sheepshead Bay
Brooklyn, New York
1200 units
the Urban League, (2401 Nostrand Avenue, Brooklyn, New York), came
East 69th Street, New York, New York) was shown a one-bedroom
apartment at this complex which the rental agent told him could
be rented immediately.
- 2 -
3. In December, 1972, Beverly Best, black, (2681 West
rudely. Ms. Best filed a complaint with the New York City
a white tester who dealt with the same agent a few days after
apartment.
ployee of the New York Human Rights Commission, (52 Duane Street,
New York, New York) was told by the rental agent at Beachaven
ments were available. Later on the same day, the same rental
of the Urban League, (150 Fifth Avenue, New York, New York) that
superiors, and that there were only very few "colored" tenants
at the Beachaven.
- 3 -
•
Lawrence Gardens
3301-3315-3223 Nostrand Avenue
Brooklyn, New York
160 units
of the New York City Human Rights Commission, was also told by
Shorehaven Apartments
1483-93 Shore Parkway
Brooklyn, New York
1100 units
Street, Brooklyn, New York) was told by the rental agent at the
Highlander Hall
164-20 Highlander Avenue
Jamaica, New York
165 units
- 4 -
and the apartments that had been advertised in the newspaper had
the Urban League, (170-25 Highland Avenue, Jamaica, New York) went
The same rental agent indicated that he had three vacant studio
On April 24, 1973, Ms. Gandy filed a complaint with the New York
tenancy.
On April 9, 1970, Mr. and Mrs. Bunn filed a complaint with the
New York City Human Rights Commission and were subsequently ad-
mitted to tenancy.
Westminster Apartment
405 Westminster Road
Brooklyn, New York
165 units
- 5 -
(11728 Wilshire Blvd., Los Angeles, California) was told by Mr.
1972, Mrs. Sheila Hoyt, Mr. Hoyt's wife, who is white, was offered
Mr. Hoyt filed a complaint with the New York City Human Rights
* "1(
filed with the New York City Human Rights Commission. To date,
- 6 -
• •
*
(B) 1. Defendants' comptroller, Mr. Stuart Hyman,
- 7 -
employed in a general rental capacity at the Briarwick
rental agent:
- 8 -
' .
F. Kaminski).
* * * *
The foregoing constitutes the information presently avail-
324 F. Supp. 287, 296 (N.D. Ga. 1971), Wirtz v. Continental Finance
and Loan Co., 326 F. 2d 561 (5th Cir. 1964). Except insofar as
- 9 -
•
that:
without cause.
- 10 -
' .........
AF F I DAV I T
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
says:
Interrogatories.
'I / f&._Q___..
My commission expires:
CERTIFICATE OF SERVICE
[(l"frg J 4-ecLwel>-?£.
ELYS S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
:J'I
i
i1/! S I R S ••
IJ
I'
'•
PLEASE TAKE NOTICE that plaintiff UNITED
H
:i
;jOF AMERICA will take the deposition of defendant TRUMP
,,'i
:)MANAGEMENT, INC. as an adverse party upon oral examination,
;!
:!by the officers, agents and employees and at the dates and
!
'
il times set forth in the Appendix hereto, at the office of
!i
:i the United States Attorney, 225 Cadman Plaza East, Fifth
:1
!!,, Floor, in the Borough of Brooklyn, City of New York, pur-
'I
II:· suant to the Federal Rules of Civil Procedure, before a
d
i
H Notary Public or before some other officer authorized by
I·
!
!I,, law to take depositions. The oral examination will con-
li
HENR A. BRACHTL
As stant u. s. Attorney
22 Cadman Plaza East
Brooklyn, New York 11201
!Iq
il
II
II
il'(
:ili
II
:I
ijTo:
lj
j)SAXE, BACON, BOLAN & MANLEY
!!Attorneys for Defendants
1,39 East 68th Street
!INew York, New York 10021
il
il
'I
:11. Fred c. Trump
li
q Chairman, Trump Management Inc.
ilil March 22, 1974 2:15 p.m.
Donald Trump
President, Trump Management Inc.
March 22, 1974 10 a.m.
Ms. Marrazzo
Resident Manager: 3901 Nostrand Avenue, Brooklyn
April 18, 1974 10 a.m.
Ken Fici
Superintendent: Fontainebleau Apartments,
8855 Bay Parkway, Brooklyn
April 18, 1974 2 p.m.
Mr. Levy
Rental agent: Beachhaven Apartments,
Sheepshead Bay, Brooklyn
April 18, 1974 4 p.m.
Paul Ziselman
Rental agent: Beachhaven Apartments,
Sheepshead Bay, Brooklyn
April 19, 1974 2 p.m.
Mr. Limani
Superintendent: Lawrence Gardens, Brooklyn
April 19, 1974 4 p.m.
i 11.
1 Mr. Lou Sarnell
1
11 Rental agent: Shorehaven Apartments, Brooklyn
ii\! April 22, 1974 10 a.m.
;i
1112. Mr. Zeller
.-----
II
'I Superintendent: Highlander Hall, Brooklyn
;,
,l April 22, 1974 2 p.m.
Rene Canon
Superintendent: Westminster Apartments, Brooklyn
April 22, 1974 4 p.m.
A P P E N D I X
- 2 -
j;
n1i
l!
\!
"\!
ij
liI!
;!
II
!!day
!j
of March, 1974, at the Office of the United States
II cross-examine.
I'
II
i! Dated: Brooklyn, New York
il March 19, 1974
!I
II Yours, etc.,
!J
:j EDWARD JOHN BOYD V
:iI, United States Attorney
:I
q Eastern District of New York
:l Attorney for Plaintiff
:I
!I,,
il
!iII
H
,I
n ENRY A. BRACHTL
H
•!
Assist t U. s. Attorney
i
II;
225 Cadman Plaza East
Brooklyn, New York 11201
il
II
il TO:
!I SAXE , BACON , BOLAN & MANLEY , ESQS.
11 Attorneys for Defendants
11 39 East 68th Street
:! New York, New York 10021
"'I'I
li
I',I
q
!i
i!
l
JDP:HAB:eh
F. #730959
!II ·····
Plaintiff, ·····
il
!I - against -
:j
ill FRED C. TRUMP, DONALD TRUMP Civil Action
..l'I and TRUMP MANAGEMENT, INC., No. 73 C 1529
il
I
Defendants.
'i
ii
"ii
:1- -
'I
- - - - - - - - - - - - - - X
'l
H S I R S
!1
q PLEASE TAKE NOTICE that at 10:00 a.m. on the 22nd
H
q
il day of March, 1974, at the Office of the United States
dI•
!I Attorney, 225 Cadman Plaza East, Fifth Floor, in the
II
:1 Borough of Brooklyn, City of New York, plaintiff UNITED
:I
ij STATES OF AMERICA will take the deposition of DONALD
q
I
By: ----7U--/IA/r..-...... {?
lj RACHTL
!I Assista u. s. Attorney
!I
I 225 Cadman Plaza East
ii Brooklyn, New York 11201
!!
i
il
TO:
iJ SAXE, BACON, BOLAN & MANLEY, ESQS.
!I Attorneys for Defendants
il 39 East 68th Street
i New York, New York 10021
:I
II
!l
i i t- t.:.. !..
IN CLERK'S OFFiCE
. 5. DISTR:CT COURT E.D. N.Y.
- against -
!'RED c. TJUJMP, DONALD ftOMP and CiYil Action
TROMP HARAGEMBl!l'l' I INC. , Mo. 73 c 1529
Defendants.
SO OHDERED:
1. Donald Trump, indivi.dually and as
President, Manaqement Inc.
March 27, 1974 9 a.m.
2. Fred c. Trump, individually and as
Chairman, -trump Manaqeaent Inc.
March 27, 1974 2#15 p.m.
3. Mr. Stuart Hyman
controller, Truap MaDaq81118nt Inc.
April 18, 1974 10 a.m.
4. Ms. Sophie Friedwald
Office Manaqer, Trump Management Inc.
April 18, 1974 2 p.m.
5. Ms. Marrasso
Resident Manager' 3901 Noatran4 Avenue, Brooklyn
April 18, 1974 4 p.m.
6. Ken Fici
Superintendent: Fontainebleau Apartments,
8855 Bay Parkway, Brooklyn
April 19, 1974 10 a.m.
1. Mr. Levy
Rental a9entt aeachhaven ApartJilenta,
Sheapshead Bay, Brooklyn
April 19, lt74 2 p.m.
8• Mr. Abe RoaenbeJ!'g'
Rental Avants BeacbbaYen Apartments,
Sb.eepahea4 Bay, Brooklyn
April 19, 1974 4 p.m.
9. Paul liaelman
Rental aqent: Beachhaven Apartments,
Sheepahead Bay, Brooklyn
April 22t 1974 10 a.m.
10. Mr. Liaani
Superintendent; Lawreaoe Gardens, Brooklyn
April 22, 1974 2 p.m ..
_____ ...... __ __
SCHEDULE
r-lt....EU
IN CLERK'S OHlCE
. ...iL<;_DJSTRlCT COURT E.D. N.Y.
IN THE UNITED STATES DISTRICT
Plaintiff,
v.
FRED C. TRUMP, et. al.,
Defendants.
ELYSE S. GOLDWEBER
Attorney, Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
IN THE UNITED STATES DISTRICT COURT
NEW YORK
)
CIVIL ACTION NO. 73 C 1529
Plaintiff,
v.
Defendants.
)
HENRY A. BRACHTL FRANK E . SCHWELB
Assistant United States Chief, Housing Section
Attorney Civil Rights Division
Department of Justice Department of Justice
Brooklyn, New York 11201 Washington, D.C. 20530
ELYSE S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
INTRODUCTORY STATEMENT
The United States has moved this Court for appropriate sanc-
to make discovery and to comply with the orders of this Court. De-
fendants have wholly ignored two deadlines - one set by the Federal
Rules, a later very generous one agreed to by the parties and ordered
Esq., only one abbreviated deposition has been taken to date. More-
to save space, and that he was unaware of any orders to his employees
half a year after the complaint was filed, the suit has gone nowhere.
Defendants' noncompliance as to plaintiff's interrogatories
the merits without one last chance. Accordingly, we ask the Court to
obligations immediately.
claim against the United States seeking damages in the amount of 100
nor objected to within the thirty days prescribed in the Federal Rules
*I Elyse Goldweber, one of the attorneys for plaintiff, has sworn in
the attached affidavit that the history that follows is true.
- 2 -
of Civil Procedure. Instead, they were ignored. On January 21, 1974,
meets the standards for relief in cases under 42 U.S.C. 3613. See,
- 3 -
e.g. United States v. Pelzer Realty Co., 484 F. 2d 438 (5th Cir.
P.H. E.O.H. Rptr. Para. 13,569 (Conclusions of Law Nos. 11, 13-15}
(S.D. Ala. 1972}, aff'd per curiam 467 F. 2d 897 (5th Cir. 1972}
United States v. Gilman, 341 F. Supp. 891 (S.D. N.Y. 1972} (pattern
and were unsure of when they would begin answering them. He stated
that they might possibly do so some time in May, 1974. As of the date
of this motion, plaintiff has not received any response to its inter-
their agents, and their counsel, into any room for any length of time
- 4 -
by plaintiff to accommodate counsel for defendants, who first agreed
on and then cancelled depositions which were scheduled for March 22
and 25, 1974, an agreement was reached to depose both Donald and Fred
Trump, the two named defendants, on March 28 and 29. Two Depart-
mental attorneys travelled to New York on March 27, but learned on
arrival that Mr. Cohn, the lead counsel for defendants, would be
available only for about two hours on the morning of March 28th and
for about two hours on the afternoon of the 29th. One abbreviated
deposition was taken during that ttme. !/ An attempt was then made,
- 5 -
however, Mr. Cohn cancelled the depositions scheduled for April 24,
citing imperative business which would take htm to Europe, back to
Mew York, and to St. Louis in less than a week. This left htm
only one day for a case dealing with rights to which Congress has
accorded "the highest national priority." Trafficante v. Metro-
politan Life Ins. Co., 409 u.s. 205, 209 (1972).
Plaintiff also proposes to conduct discovery pursuant to
Rule 34, F.R.Civ.P., and hopes soon to inspect and copy pertinent
records. Mr. Donald Trump and his attorney were fulsome in their
assurances that this would be permitted. Since defendants have not
responded to interrogatories seeking a description of their records,
and since Donald Trump disclaimed detailed knowledge of these records
during his plaintiff has been hampered in serving a
proper request pursuant to Rule 34.
- 6 -
ARGUMENT
(7th Cir. 1971), cert. den. 404 U.S. 830 (1971); see also United
States v. Gustin Bacon, 426 F. 2d 539, 543 (lOth Cir. 1970); cert.
"warrant for the here and now," and not for some distant hereafter.
in the Federal Rules must be followed, so that each party can enjoy
- 7 -
Accordingly, in the light of the record of consistent, unexcused
appropriate.
- 8 -
These sanctions are authorized even without a pre-existing
Rule 26(c)." See Rule 37(d). While we do not see how defendants'
- 9 -
Sanctions under Rule 37(d), in cases involving inexcusable
Moore's Federal Practice, 2nd Ed., para. 37.05, p. 37-102 and cases
278 F. 2d 834 (9th Cir. 1960); Life Music, Inc. v. Broadcast Music,
- 10 -
It appears from the foregoing that litigants have forfeited
and depositions taken without further dealy, the case can still
held to be in default.
- 11 -
We wish to observe, in connection with defendants' obliga-
Davis v. Romney, 53 F.R.D. 247, 248 (E.D. Pa. 1971), in which the
defaulting party was far more diligent than the Trumps have been in
this case,
- 12 -
CONCLUSION
In the event that defendants fail to take these steps, we ask that
- 13 -
of 42 u.s.c. 3614. The schedule will then be clear, and any
attorney on either side !/ who is unable to meet this schedule
will then be required to withdraw or delegate accordingly.
Respectfully Submitted
c(_ II J/ '1,1 7j
J/\.4 1V?v c. ·
NRY A. FRANK E. SCHWELB
Assista United States Chief, Housing Section
Attorney Civil Rights Division
Department of Justice Department of Justice
Brooklyn, Mew York 11201 Washington, D.C. 20530
•
-J.
ELY E S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
7.
April 16, 1974
JOliN BOYD V
United Statea Attorney
. /}
By:
TI!:NRY A. DRACI1TL
SIRS:
PLEASE TAKE NOTICE that plaintiff, United States of
America, will move this Court, before the Honorable Edward R.
Meaher, District Judge at the United States Courthouse, 225
Cadman Plaza East, Brooklyn, New York in Courtroom 9, on
the 3rd day of May, 1974 at 10:00 o'clock in the forenoon
of that day or as soon thereafter as counsel can be heard,
for an Order striking the Answer herein and precluding
defendants from contesting plaintiff's contention that
defendants have engaged in a pattern and practice of discri-
mination within the meaning of 42 U.S.C. 3613, and have
denied equal housing opportunity to groups of persons, which
denial has raised an issue of general public importance,
aleo within the meaning of 42 u.s.c. 3613, unless defendants
(1) Pile complete and responsive answers to all
interrogatories heretofore propounded to them
by plaintiff within ten days of the entry of
this Court's Order; and
..
deposition; and
further prays for such other and further relief that this
HENRY A. BRACHTL
Assist t United States
Attorney
Department of Justice
Brooklyn, New York 11201
ELY
,d li.ct
S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
. --
AFFIDAVIT
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
says:
My Commission expires:
FJLED
IN THE UNITED STATES DISTRICT
COURT f.D. N.,
and that the documents and records shall remain available until
Department of Justice.
Respectfully submitted,
&_ ;).
SCHwELB
ELYSE S. GOLDWEBER
Attorneys, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
ATTACHMENT A
January 1, 1968:
January 1, 1968;
rate;
prospective tenant;
tenant dealt;
not;
of former tenants;
- 2 -
J. If the prospective tenant was not accepted
applicants;
cants;
- 3 -
the rental of dwellings to any person, including black persons,
1968.
1968.
January 1, 1968.
dant's employees.
City Commission on Human Rights or with any other agency with civil
- 4 -
12. All correspondence, documents, memoranda and papers,
complaint.
- 5 -
CERTIFICATE OF SERVICE
following address:
ELY E S. GOLDWEBER
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
• JLt.LJ
IN Cl EP.,'<'S OFHCE
JDP:HAB:sm U.S. DISmiCf COURT E.O. N.Y.
F.#730959 UNITED STATES DISTRICT COURT
*
------------------------------------x MAY 3 0 1974
EASTERN DISTRICT OF NEW YORK *
TIME A.M..................................
UNITED STATES OF AMERICA,
r.M..................................
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
-against- ORAL EXAMINATION
FRED C. TRUMP, DONALD TRUMP and Civil Action
TRUMP MANAGEMENT, No. 73 c 1529
Defendants.
------------------------------------x
S I R S:
Yours, etc.,
DAVID G. TRAGER
United States Attorney
Eastern District of New York
Attorney for Plaintiff
By:
BRACHTL
Assis nt u. s. Attorney
225 Cadman Plaza East
Brooklyn, New York
-1-
TO:
1. Ms. Marrazzo
Resident Manager
3901 Nostrand Avenue
Brooklyn, New York A P P E N D I X
June 18, 1974 - 10:00 a.m.
3. Mr. Levy
Rental Agent
Beachaven Apartments
Sheepshead Bay
Brooklyn, New York
June 18, 1974 - 4:00 p.m.
5. Mr. Limani
Superintendent
Lawrence Gardens
Brooklyn, New York
June 19, 1974 - 2:00 p.m.
7. Mr. Zeller
Superintendent
Highlander Hall
Brooklyn, New York
June 20, 1974 - 10:00 a.m.
8. Rene Canon
Superintendent
Westminster Apartments
Brooklyn, New York
June 20, 1974 - 2:00 p.m.
Ff LED
IN ClH!K'S mFtCE
IN THE UNITED STATES DISTRICT COURT O]gfijiCf courn E.D. N.Y.
The duties of each officer are set forth in standard New York cor-
porate printed by-laws.
The renting process has just begun and the apartments have not
7. Annexed as Exhibit I.
9. No information available.
who were accepted are located in the T.M.I. office at 2611 West
2
13. This information is being compiled by Stuart Hyman
3
EX'l:IBIT I
XUMUlo;R
F#730959
FEDERAL BUILDING
BROOKLYN, N.Y. 11201
F11 r:- 0
·
(J, S. DJIN Cl' t:,.'('S
··- ._,
OfF/(;£
srn.c 1 en• ,,rt E
BY HAND June 13, 1974
*
"'y
f:s/
DONNA F. Attorney
Civil Rights Division
U. s. Department of Justice
..
, . , ...
-·
F ILE!:J
1N Ci Ei:fC'·: or:("'F
u.s. 01sm:cr I'J.Y
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----------------------------------- X JUN 2 5 1974
TiME A.M
. P.M:: :::::::::::::
-a9ai.ns t.·- Civil 73 C 1529
Dt"'fE'ndant.
------------ . . . . . - ---
:'lay 3, 19 7 4
1/ : 0 0
Schv.'r->11,
DPp a rtr1e n t of Jus ti C9
Alic0 Go1dw0bPr,
D0partnwnt of
TPA1JSCniDED 3Y:
Transcription Service
/.
' T • f
IL\GISTP..A':l.'L Cll.'l'OGGIO; \H': arE' going
'I' rump, Lionald 'I' rump, and 'I' rump i'lanagf'·rrl('n t, Inc.
to answer :.nterrogatoriPs.
for th0 Uni.b'>CL States, li"'nry 11.. iJrachtl, and :·ir. Fran;-:.
your f.i.rs t
th2.t the two hour d'-'lay was not bj' trH: plai'!1ti.ff.
priori. ty .by not only t:'-1P court, but b:'/ thr> a ttornt"'Y.
. t_
\'J'C.r1t •• 1. .
rr..:.g1·1 t Dl':.:
' I \va.nt the?"
on 15, 1973.
the Governmf:r,nt says ti1at thr:'Y ha.V{' not Y""'t been ans·;u're'd •
depositions?
thPrn.
d<?posi tions?
GOLmJEBEF..: Yes.
l!.l'I.GIS'IFA'l'E Cl':.TOGGIO: Go
:JF.i-;c:r..:'L; I stand
CA'I'OGGIO: 1\lri.ght.
g•.:-tting ..•
J·:K.. SCHL'I:LL:
(inaudible) .
Those sir.
r.1.any?
waul{ not 0P to
Yes.
Our is to try
to g::·t t:·d;:; c<::.se Lov:..nq. .Jo1 1, can .l ! i.c:·.n l:':t shc: C an:y
Ci\'l'OCGIO:
if you ar? too bus], say so. If JOU cannot handle the
Dut, would ••. \lP would like is a fpw days, po.-.sibly ten
in te rrog a tori'? s .
10.
oh,
questi.on.
j>liSS
Cl\.'.L'CGGIO: Y-.::s •• •
ago.
You know.
Alriiflt, noN mP
11.
... of th"' .:..nforrc.ation, :.nt·:::>rro<:;2torir>s ar-e ••• ar·"'
no11. (Xl, i.s the old rul · ... that 1 s ri9ht th<.4,t is
th0 of th0
it?
16 til of 2Ia y •
the Govt:'rnmcnt?
cyst'"'lf.
::my
slack p<::"riod.s ••• it rna.y D<:" that. \·it? ha.v·"" ju::;t gotten :-.:r.
r2.ght.
·,-n 11 1 1 ,; t '
JUSt. S 0._'/ • •
...
Jr son (inaudibl2)
16 •
.
CArCCGIO: not on
r:L'o • •• to c:.n
-; .S S .
c:mythins that saJ. You to :12.ve thi?f'} rn a
BI0\.CllTL: r:anag·."rial.
i t is than
hF-r0 i.s . ..
I::.uL'? 4 3 1 Your ilonor 1 peop 1-.'" who run the> 1 1 \-Jho run th(:
Your Lonor 1 an
to aG.CJUately.
li ty of any oth0r.
•vhat. you
d•.•posi tions?
..•
C..:\':'OGGIO: we nakn
a s chr>dul:.,.
v.rould a. so
that, you E:W•?, sowf'' of t:-1'"' rJroblems \·1:!. th thE case, and
hnO. thnn th<""Y could ta;;:,a dr->posi ti.ons of our v.i tnesse<s
II1\GISrl. F:A'l':C
1
I see ... thc:re was •..
diSS GOLDiJEi3Eil:
a schedu? 0eforr>.
his bf;en
EISS Yes.
/0.
taken?
CA'l'OGGIO: a managnr of
th0irs?
c1i.c1 I
I it
rr-' 'jard to
So, an(:i. on
or mann•"'r.
tlv.' c1uestions.
i.nformation in ...
tr:.rroc:;atory, not
;-.ven i.f havt.:" s0nt out til(' r::ost obvious long ones,
(inaudiblr:) •
I an d?pending on
the facts and •.•
nust n:ov·? this thin9 and ••• b0cause thPy arP bui ldi.ng
the court.
Ci\TOGGIO: Yes.
"'you ri?quest for a P"<JUla tion that st::ch cor, d.:_ tioni?C:
l·l:i:Z.
ing couns0l' s ti.J-:;-_., a.nd :·' xpt?nses ;,·ri. tl1 rr>spect to t.'lis
On your
lin0, a.lri.gh t?
dow,
Honor.
* * * * * * * * * * * *
Inc., whose names are set forth on the time schedule attached
ister oaths and take testimony. The oral examination will con-
''
the deponent.
buildings.
CERTIFICATE OF SERVICE
following address:
DONNAGOLEfN
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
NPG:jfb
DJ 175-52-28
Sincerely,
J. STANLEY POTTINGER
Assistant .Attorney General
Civil Rights Division
By:
NORMAN P. GOLDBERG
Attorney
Housing Section
*
• 01 fiCE
1
II cown E. D. N Y
II- _________ :e:e:d:n:s __ * X AUG 2 1974
TIME A.M...... ..
II s I R s P.M........::::::::::::::::::::::::::
II PLEASE TAKE NOTICE that at 4:00 P.M. on the 8th day
II
!I of August, 1974, at Room 290, 225 Cadman Plaza East, in
'
I,j the
I
Borough of Brooklyn, City of New York, the plaintiff
II cross-examine.
II
;!
il
II
IIq
!I
I
I
TO:
I SAXE, BACON, BOLAN & MANLEY, ESQS.
! Attorneys for Defendants
'I 39 East 68th Street
j1 New York, New York 10021
n
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il '( -' !
*
. ) 1\ Y,
!i
AUG2 1974
*
JDP:HAB:ec 1,· UNITED STATES DISTRICT COURT
1
!Is IRs
!!
li
:I
I·
PLEASE TAKE NOTICE that at 10:00 A.M. on the 9th day
:1
'I
Jamaica, Borough of Queens, City of New York, the plaintiff
and cross-examine.
II
!I Dated: Brooklyn, New York
II
l!
August 2, 1974
!I
'I Yours, etc.,
!I
i! DAVID G. TRAGER
:1
II United States Attorney
Eastern District of New York
i'Il Attorney for Plaintiff
ii!l
By:./_.·
II
!III
e
:I
IIII ;y
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!I
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JDP:HAB:ec /j UNITED STATES DISTRICT COURT
F. #730959 li EASTERN DISTRICT OF NEW YORK
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;III S , OR
--Assistant U.
!I.i Chief, Civil Division
ij 225 Cadman Plaza East
i! Brooklyn, New York 11201
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!IS
H
I R S
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"11 PLEASE TAKE NOTICE that at 10:00 A.M. on the 12th day
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!:ll of August, 1974, at the Office of the United States Attorne ,
!I 900 Ellison Avenue, in Westbury, New York, the plaintiff
n
1i
H in the above-entitled action will take the deposition of
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n
PAUL ZISELMAN as a witness upon oral examination, pur-
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;\ and cross-examine.
H
'I
ORTE , R.
Assistant U. S. Attorney
n Chief, Civil Division
11 225 Cadman Plaza East
'I
il Brooklyn, New York 11201
.,
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!I
il TO:
II
SAXE , BACON , BOLAN & MANLEY , ESQS.
!1 Attorneys for Defendants
:d1 39 East 68th Street
!J New York, New York 10021
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II\! Cl.t;ir· _£:.;. 0
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U. S, UIStJliCf''c:S OffiCE
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N.Y.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
.TIME AM
JUL
1
*
------------------------------------X .
P.M...............
............. """··J;. .....
UNITED STATES OF AMERICA, .... ·····
Civil Action No.
Plaintiff, 73 C 1529 (EN)
- against - NOTICE OF MOTION
FRED C. TRUMP, DONALD TRUMP and
TRUMP MANAGEMENT, INC.,
Defendants.
------------------------------------X
MISS:
hereto and upon all the proceedings heretofore had herein, the
undersigned will move this Court on the 16th day of August, 1974,
II' l R$$4 M
a cease and desist order against the said DONNA F. GOLDSTEIN and
- 1 -
Respectfully,
Defendants.
---------------------------------------x
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK)
BOLAN & MANLEY, attorneys for the defendants, and make this
strictures.
with her entry upon the scene, the investigation, which had
berated them with threats of jail and accusations that they were
- 1 -
"lying" and had been "taped" by the government while working for
only after contacting the United States Attorney for the Eastern
I' I
District of New York were we able to get them to leave the
Exhibit 5.)
- 2 -
IIII,,
''
"short period" when in fact she and her associates spent from
work.
I
6. The conclusion to be drawn from this conduct is the
that there was none when the well-publicized charge was made.
II
Notary Publ1c ·
.
'l-IAROLI? N<;W york
NotarY PubhC.; 1 .887n20 t _ .
No .. J "' coun Y -nt
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c_omrois.sion __
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... ·v
WILLIAM PREISSi
Noterv Public, St,te of New Vor!C
No. 8431925 ,
. Qualified in Queens Couni'f '
Commission Expires ,March 30,
July 22nd, 197 4
£xttt BiT Z
100 Jedwood Place
Valley Stream, L.I., N.Y.
July 19th, 1974
TO IT CO}ICFRN:
//
100 Jedwood Place
Valley Stream, L.I., N.Y.
July 19th, 1974
.
// 07J, Ol/t n #. /
0::::ta::-:3( J(Jcu:mv, 6'C
. 39 EAST 66"' STREET t:7 .
:t-lEW YOR.t\, NF;W' "':(OBI-( 10021
JOHN GODFRE"l' SAXE (212) 47Z-J.<IOO
f:OGE:RS H. E!ACON (1919-l'i>SZ)
THOXAS A. BOLhN
1-l.>.ROL.t:l SCHWARTZ
l-.lEL.VYN RUSIN
...
.JEFFRC::Y A. SHU NAN
·•. LORIN OUCK.MAH
. :_
BY HAND
Dear Mr •. · Brac·i:.hl :
I ·am ·in receip·t of your lett:er. dated. t:odi';"y 'i·lhich. 'i•18S 1•7.::3.-t:-.
ing .for me at my office .upon my re-l.:Ul:Tt Lcorn t:he C"ohe'n: \r,
l Cdhen ·trial ·this afternoon. 5 : 00
i-Je :stand .ready ··to let you begin inspecting and copying :i:'<?.cordH ·.
in u.·s.:A.: v. Trump tomorrm1· 14 r as per· my
ment \V'ith Miss Goldstein reached over the- t.(:;!J.ephone on
.· du.y.. :t-r'nile I. 1::he 'i.:hat. led t.o youx
dr21scend:Lng upon the. Trnmp· o-ffic<-:.:;f,: \•-?.it.h. J::l.ve
·wec1nesci'ay ba?-9"i"0g on ·the door:::> un_d dema.nd::L!lg {:.() be:
· allowed to swann. haphazardly ·through aLL of: t:.be' TJ::urop files
a.nd to totally disrup-t ·Chei:;::- daLLy bus:Lne::-:s. :cout. :Lne 1 I do not: ·
feel t.b.a·t there is any point is t.he a:cg1jj;nerd: a.ny
ther. I tvould assmn.e that your :i.;:: t.he. as oux.s
in .this matter, namely; o:cde:cly ·pJ:e.-'·tria.l d.:i.:::-:-
covery so as to enable both sides to . cont.inue prej?arinq :tor
a fair trial in t.his · 1}.\'lv;a:cd e:r1d 1 _\,Te look
'i.vard ·to \>Tith you Friday xno:cn:i.!'J9 at. cnu: off:Lces.
£x. Ht8r/· S" ;·I,; a:;::-e to provide you '\·lith OV\:3):- 1,000 files· Friday on
.It bo·th old and curren·t Jce.nan.ts of Trump. J..:cc<:n1sc '.h:-urnp Cr.:.nno·t:
-2-
function at all with all of its current leases and files out of
its ofi:ices, vre \..Jill have to out a schedule v7hereby as soon
as you have completed inspecti:-'.g and copying ·this very substan-
tial amount of material that ·t.his material \vill be returned to
the office· and. additiona.1 material ·Hill _be r::en'c to our
· offices for your inspectiono
With regard ·J:.o ·the deposi·tions o:C further Tx:·ump personnel ten..:_
atively scheduled· to begin on Sune.l8, I.alJ.:·eady have advised
the Governmen·t that this dab3 is :br.possible o.s both Mr.. Cohn
and myself .tvill still be on trial before Justice . Gon1ez in t.he
Supreme Court of the· State ·of Ne·w York in Cohen v. ·Cohen and :.
·Judge absolutely refuses. ·to hear any application for
. even a half-day ··adjournment i-n. that .· I will supply you.
·with. alternate dates. as quickly as possible and I am sure '\•70
. can come to an solut:.iou \·Jhich \vill nei theJ: delay
the matter unnecessarily for .yon ·nor· prejudice the. r:Lghb::: of ·.
the defendants ·by denying ·them ·the right to counsel 1n ...t.:hese
. I liJOUld. respectf·nliy -t:ha.t is complete.ly
unfair on your part ·to set: 'fo:r::.ch in che vmy of
3
Finally r . I sincerely "t'lish t:.hat o:t least f:com Jch::Ls point for- '
\'lard., tha·t t.·re could attempt t.o cooperate in a.J.J. of
these mat·terso. If your goal :;b:; to expedit:e e.ncl to
prepare for a fair for both sides as is ours, I th:i.nk. .. ·
that. this end \.oJonld be better seJ:-vect by coc>pe:ca·t:i.on and ob-
.serva·tion of the basic courte;:J.ies :normally bet.v_reen. .
priva-t.e counsel in litiga·tion insb?u.d. of eorrt:imJ.a.l Jchrea.t:s
· ·b]. t.ha Government: and its t:rea:tip.q t:he rules of civil p:co-.
cedure as some kind of undevia:U.ng Bible v:hich cannot benci
timetables for even a fe":f;t to p:cornot.e t.he e11d.n .of:
··.just: ice;,
SEN/a.p
cc: Honu n.. Nsahe:c
·unt.ed St:;;:1:tes D:i..s·trict ,Judge
Uni i::ec1 S·ta·tes Courthouse·
Ca.d..-.ctc:m Plaza B?..st
Brooklyn, Ne'.v- York 11201
attorney;
2. That depositions taken during said discovery be
supervised by a master;
3. That a full evidentiary hearing be held before
the Federal Rules of Civil Procedure, and the motions for con-
tempt and a cease and desist order be in all respects denied;
and
Order.
Respectfully submitted,
JAMES PORTER
Assistant U.S. Attorney Deputy Assistant Attorney General
Chief, Civil Division
A. Depositions
follows:
1. On May 28, 1974, Ms. Donna Goldstein, a new attorney
- 2 -
occasions he was reached, and failed to call back in response
.
to the message left on the third call.
Ms. Goldstein telephoned Mr. Manley and was told that he still
- 3 -
Mr. Manley promised, however, to call back on July 8 with
.
recommended dates.
7. Mr. Manley did not call back on July 8, or for that
!f See Appendix A.
- 4 -
On May 28, 1974, during the course of one of their
discussions about the scheduling of depositions, Ms. Goldstein
Mr. Manley again stated that he knew nothing about the proposed
inspection, and requested that Ms. Goldstein forward him another
!1 See Appendix B.
- 5 -
Mr. Stuart Hyman, controller of Trump Management, asked
of the United States into his office and stated that he had not
not present at the Trump offices, nor were any calls placed to
- 6 -
On June 12, 1974, at approximately 11:30 a.m. Mr. Manley
for the Eastern District of New York and, for the first time,
apply to the Court once again for appropriate sanctions under Rule
ing defendants' records on Friday, June 14, 1974, at the law offices
of defense counsel.
the morning of June 14, Mr. Fanelli, a clerk to Mr. Manley, handed
Letter of Mr. Manley dated June 13, 1974, a copy of which was sent
- 7 -
From Thursday, June 13, 1974, until the completion of the
exclusively with Mr. Fanelli since neither Mr. Cohn nor Mr. Manley
the following day, June 19. However, Mr. Fanelli did give assurances
- 8 -
On Friday, June 21, 1974, Mr. Fanelli indicated that additional
June 26, 27, and 28, 1974. Thus, during a period of thirteen work-
ing days, records were made available for a little over seven days.
Not only time but travel money could have been saved had these
* * * *
We are reluctant to belabor the Court with the foregoing
may be relatively minor, the total impact has been to waste a large
amount of the time and money of counsel for the United States.
- 9 -
'II. "DEFENDANTS' FAILURE TO PROVIDE DISCOVERABLE INFOR}IATION
RE0UESTED BY PLAINTIFF
more than six months. On May 16, 1974, after two Orders of this
corning by the following week (letter from Scott Manley of May 16,
more than ten weeks since that promise was made, plain-
See Appendix C.
- 10 -
responses to Interrogatories, and while we wish to reserve our right
'to file such a motion in the future, we believe that a brief examina-
Court's attention.
- 11 -
in an affidavit December 11, 1973, but they have
- 12 -
The names of black tenants (Interrogatory 11),
still exist. (Dep. p. 33). Mr. Trump also stated that some of
these records may also have been destroyed since the Interrogator-
During the
- 13 -
.
'taking of this deposition, Mr. Cohn did, however, provide a measure
March 28, 1974 - the day that the defendants are supposed to have
defendants, who have 2500 - 3000 vacancies a year (Hyman Dep. p. 73)
and who have repeatedly testified through their agents that appli-
claim that there have never been any rejected applications. Minerva
Gilbert, office manager for the past seven years, who has the
See Appendix D.
- 14 -
responsibility for approving or rejecting applications, testified
tions were taken were also served with subpoenas directing them
*I Mr. Skender Fici, Mr. Guido Lara, Mr. Walter Rohr, Mr. Daniel
Borth, Mr. Joseph Zecher and Mr. Raymond Travis.
- 15 -
'that'""refunded" signifies applications which were rejected by
Ms. Gilbert. In Mr. Travis' receipt book alone, which is used for
exist but that information about them has not been made available
to plaintiff.
CONCLUSION
a harassing and disruptive nature. Even aside from the false and
- 16 -
for sanctions after present discovery proceedings have been
completed.
Respectfully submitted,
NORMAN P. GOLDBERG
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
/'
DONNA F. GOLfiSTEiN
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
APPENDIX A
T. 5-6-74
JSP:FES:ESG:cmk
DJ 175-52-28
Dear Roy:
Sincerely,
J. STAs.'t1..EY POTTINGER
Assistant Attonley General
Civil Rights Division
ce: Records
Chrono By:
Goldweber. ELYSE S. COLDWEBER
Trial File Attorney
Hold Housing Section
.-
i.
APPENDIX B
.
•
T. 5/28/74
JSP:tx;:mlp MAY 2 81974
•
DJ-175-52-28
J. POTTINGER
Assistant Attorney General
Civil Rights Division
By:
ce: DONNA GOLDSTEIN
Records / Attorney
Chrono
Ms. Goldstei Housing Section
Trial_File
Henry Brachtl
APPENDIX C ·..
.....
··
;,. ..
39 EAST G8TH STREET ··..;,. '·• ;:, f\:.
7' ' , ) ...
i.-.:·
NEW YORK.'NEW YORK 10021 J
.
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.JOHN GODFREY SAXE (1909·195Jl C212l 472- t400 A. BoLAN
ROGERS H. BACON (1919 ·1962\
DOCKr-
.- -r-,_D COUNSEL
ROY M. COHill ' - I C.·
SCOTT E. MAN LEY ITT EO ILLINOIS AND INDIANA)
MICHAEL ROSEN
!
. APPENDIX D . .-
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CERTIFICATE OF SERVICE
2. Supporting affidavits
Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR TpE I L E D
p.; f:
EASTERN DISTRICT OF NEW YORK U. S Dr::r:rcT COU:H E.D.
"'J,Y
AUG 6 1974
UNITED STATES OF AMERICA, )
) .A-11. ...•.•...•...•
Plaintiff, ) P.r.l ..............•
) CIVIL ACTION NO.
v. ) 73 C 1529 (EN)
)
FRED C. TRUMP, DONALD TRUMP )
and TRUMP MANAGEMENT, INC., ) ORDER TO SHOW CAUSE
)
__________________________)
Defendants. )
submissions,
thereof; and
mation about these charges and to otherwise prepare for the hearing,
- 2 -
Defense counsel Roy Cohn in his affidavit indicated that only some
order to prepare for the hearing and assure that Ms. Goldstein's
Plaintiff contends, however, that the allegations are false and have
- 3 -
With the issue herein being whether either side has used
Freeman, 38 F.R.D. 308 (S.D. N.Y. 1965); see also First Iowa Hydro
Elec. Coop. v. Iowa-Illinois Gas and Elec. Co., 245 F. 2d 613 (8th
information:
(a) The nature of the alleged misconduct
by such person;
the incident;
l'
r.
!
(-llzu aJ;r
JOHN HUNTER
EVELYN SOMMER
·Notuy ftublic, Stdte of New York
No. 24-4502158 /.
Qualified in Kings County
Commiuion hpires March 30, 19 7j
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF
'I
NEW YORK
AUG 19 1974
UNITED STATES OF AMERICA, ) TiME 1\.M ...
) .....
CIVIL ACTION NO. 73o.r.(;..............
Plaintiff, )
)
v. )
)
FRED C. TRUMP, ET AL., )
) NOTICE TO TAKE DEPOSITIONS
Defendants. ) UPON ORAL EXAMINATION
)
the United States Attorney, 225 Cadman Plaza East, Fifth Floor,
DAVID G. TRAGER
United States Attorney NORMAN p. ' COLDBERG
Attorneys, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
APPENDIX A
the deponent.
buildings.
CERTIFICATE OF SERVICE
following address:
ck:
This IS day of August, 1974.
DONNA N
Attorney, Ho sing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
F!
F. . .,
U. S. r:.:.CT
IN THE UNITED STATES DISTRICT COURT THE
' AUG 20 1974
EASTERN DISTRICT OF NEW YORK
TU:l:: A.M .... · · · · · · · · · •
H\.. ............ .
UNITED STATES OF AMERICA, )
)
Plaintiff, ) CIVIL ACTION NO. 73 CIV 1529
)
v. )
) PLAINTIFF'S REQUEST FOR
FRED C. TRUMP, et al., ) PRODUCTION OF DOCUMENTS
)
Defendants. )
)
be completed.
Inspection, copying and photographing will be performed
Department of Justice.
Respectfully submitted,
Virginia.
1969.
January 1, 1969.
- 2 -
CERTIFICATE OF SERVICE
following address:
') /' o Oo
\\
GOLDBERG )
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
FJ LED
!f\J Cl 01 liCE
IN THE UNITED STATES DISTRICT COURT FOR COIJ!"?l E.D. N.Y.
Department of Justice.
Respectfully submitted,
Ocean Ter:::>acc
73
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NEW YORK, NEW YORK 10021
ROY M. COHN
SCOTT E. MANLEY (ADMITTED ILLINOIS AND INDIANA)
MICHAEL ROSEN
August 20, 1974
FILED
DANIEL J. DRISCOLL
HAROLD SCHWARTZ
IN ClEP.J.<'S OFFICE
MELVYN RUBIN
U. 5. DISTRIC I COURT E. D. N.Y.
*
JEFFREY A. SHUMAN
LORIN DUCKMAN
ic SEP 5 1974
Hon Vincent Cattagio
United States Magistrate TIME A.M ..................................
Federal Court House P.M ..................................
225 Cadman Plaza East - 2nd Floor
Brooklyn, New York
Respectfully yours,
I
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1rv 1. '\./). 'L;/(._
Roy M. Cohn
RMC:sb
cc: Donna Goldstein
Civil Rights Division
Donald Trump
ADDRESS REPI,Y TO :!flcpartmcnf of 3Juzticc
UXITED STATES ATTORNEY
AND REFER TO
1:!\'ITIAI,S AXD NU:\IDEU
FILED
August 20, 1974 IN OffiCE
lJ. S. I cor !Rl ED. 1\'.Y.
J. STANLEY POTTINGER
Assistant Attorney General
Civil Rights Division
DONNA F. GOLDSTEIN
Attorney, Housing Section-/
/JJdact/n/, YJp/cwv f¥
39 EAST GEl'"" STREET
ROY M. COHN
SCOTT E. MANLEY (ADMITTED ILLINOIS AND INOIANA)
MICHAEl. ROSEN
DANIEL J. DRISCOLL
HAROLD SCHWARTZ
MELVYN RUBIN
JEFF"REY A. SHUMAN
./
LORIN DUCKMAN
1'
!!a y :L6 ,
SEH/ew
cc; Eon. Vincent Catoggio
United St:ates Nagistrate
Eastern District of New York
United States Court."l-lous e
225 Plaza East
Brooklyn, Nt:'" York . 11201
IN THE UNITED STATES DISTRICT COURT FOR THE
Supplemental Answers to
Interrogatories 1 and 2
- 2 -
Foard, who was assigned to the Naval Force
- 3 -
.
"'
an apartment.
available on September 1.
- 4 -
Ms. Bernstein went to Saxony Hall a
six months.
- 5 -
there were so many "empties" in her
- 6 -
4 •
no other vacancies.
- 7 -
Ms. Bernstein went to Winston Hall a
- 8 -
. ..
occur in September.
approved.
- 9 -
....
on August 1.
shortly.
- 10 -
Ms. Bernstein went to Wexford Hall a short
- 11 -
Ms. Bernstein went to the Wilshire on
- 12 -
On August 2, 1974, shortly after Ms. Bush
and shown the sham lease, and only after the actual existence
- 13 -
•
nonexistence of records.
as Attachment A.
I
Donna
(. _
Attorpey
-14- Department of Justice
Washington, D.C.
_,
AFFIDAVIT
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
// r • /) ·-;T/i
(//)_J!g__A..-·A-;{... LJA 4
NOTARY PUBLIC .
If 7 7
My Commission
CERTIFICATE OF SERVICE
f.l
! ) /
/
DONNA
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
.• ''
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ATTACHMENT A
EASTERN DISTRICT OF F I L E 0
IN Off iCE
U. S. LD.
NEW YORK
't
SIRS
PLEASE TAKE NOTICE that plaintiff, United States of
further prays for such other further relief that this Court
Respectfully submitted,
fkJ C
JAMES PORTER, Chief FRANK ·E. SCHWELB, Chief
HENRY A. BRACHTL, Attorney NORMAN P. GOLDBERG, Attorney
United States Attorney's Housing Section
Office for the Eastern Civil Rights Division
District Department of Justice
Civil Division Washington, D. C.
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF
NEW YORK
WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
against the United States and Ms. Donna Goldstein, that after
by him.
discovery depositions.
- 2 -
' .
counsel's caprice.
depositions of Mr. Miranda and Ms. Falcone for August 28, 1974.
for deposition two days ahead of schedule. I was not in New York
false, and that they were filed, at least, with reckless dis-
- 3 -
8. I believe that defense counsel's action in
- 4 -
10. No previous application has been made for the
/C , _y r
0
[ ,,
MEMORANDUMOF "LAW
DAVID G. TRAGER
United States.Attorney
Eastern District of Ne"W.York
Attorney for Plaintiff
225 Cadman Plaza East
Brooklyn, New Ybrk 11201
.. E •. SCHWE.LB, Chief
P •. GOLDBERG, Attorney
1.
IN THE UNITED STATES DISTRICT COURT FOR THE
gation, and a "cease and desist" order against the United States.
scheduled depositions.
Catoggio met with attorneys for both parties for the purpose of
accusers and now requests that this Court schedule a hearing on the
- 2 -
merits of defendants' motion and at the conclusion of that hearing
misconduct are false and were filed with reckless and malicious
that their case, if truthfully presented, is weak. See .pp. 17-18, infra.
DISCUSSION
I. THE FACTS
*I Two other persons, Mr. & Mrs. Paul Ziselman, submitted af-
fidavits, but neither of the affidavits in our opinion contained
allegations of unprofessional misconduct against Ms. Goldstein.
We do wish, however, to preserve our right to call them to testify
at any hearing on this matter if we believe that such action is
necessary to resolve this controversy.
- 3 -
They allege in separate affidavits that Ms. Goldstein threatened
their former employer, Trump Management Co. While neither has yet
defense counsel saw fit to file his own affidavit attesting to the
*I Although the affidavit bears a date of July 19, 1974, Ms. Falcone
swore that she,in fact,wrote it several days later. She also swore
that every word in it was her own, and that it was written without
assistance in spite of some striking similarities in language to
earlier submissions on behalf of defendants.
- 4 -
significant ways. In the deposition that followed, however, Ms.
- 5 -
context in which it was asked, as an accusation
about the fact that Ms. Falcone owned her own establish-
ment even though she was young and had apparently earned
and from nothing else, that she was being charged with
- 6 -
3. Affidavit - "I was interviewed by a Ms. Donna
in the plural.
of arranging an interview.
are true and that the entire affidavit should be stricken as sham
- 7 -
and false. We will also ask that the appropriate inferences be
ledged that his dealings with Ms. Goldstein were friendly, but he
described her as "tough" on the job.
About one year ago, attorney Elyse Goldweber, who was then
- 8 -
proceedings. According to Ms. Goldweber, Mr. Miranda provided
was notified by letter that this had been done. A copy of that
conduct.
- 9 -
position in this litigation despite affidavits to the contrary by
Ms. Goldweber and Ms. Goldstein. In this connection it is note-
veracity. Mr. Cohn's affidavit states that "At all times that she
strictures."
and deposition are false, and Ms. Goldstein did not make alleged
that Mr. Miranda was telling the truth and that counsel for the
counsel never interviewed Mr. Miranda, and had never met him until
August 26, 1974, more than a month after the affidavit was filed.
- 10 -
The only information which defense counsel had as to Mr. Miranda's
Dep. p. 37)
- 11 -
B. Counsel for Plaintiff did not Engage
In Unprofessional Conduct During a
Records Inspection
asserts that
added) *I
His affidavit further asserts that Ms. Goldstein and her colleagues
- 12 -
These allegations against Ms. Goldstein, as well as
A third copy of the request was sent to Mr. Manley on May 28, 1974,
- 13 -
in which Mr. Manley stated that he knew nothing about the
that the records would not be made available at the designated time
- 14 -
Ms. Goldstein attempted, without success, to reach Mr. Manley by
telephone and left a message for him to contact her at the United
office.
at the office of the United States Attorney to inform her for the
- 15 -
We are prepared to call at the hearing on this matter
- 16 -
are to be held "strictly accountable." United States for the
may be appropriate.
* * * *
If the Court finds, after hearing, that defendants'
sham and false, plaintiff will ask not only that this Court
- 17 -
inference thus does not apply
itself necessarily to any specific
fact in the cause, but operates,
indefinitely though strongly, against
the whole mass of alleged facts
constituting his cause. Wigmore on
Evidence, §278 (3rd Ed. 1940)
courts. See e.g. Holt v. United States 272 F.2d (9th Cir. 1959)
case and misled the Court, as well, we submit that the propriety
CONCLUSION
that this matter be set down for hearing in advance of the trial,
-18-
that the defendants' motion be dismissed with prejudice as
Respectfully submitted,
/
.1
T. 5-6-74
\·
i
-i DJ 175-52-2G
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a ·· r··J ..,
for tenancy on of
Garvr-r a rar:l<l.t
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1 f'\ 7 C a:-, d 1 71 •
ha2
so as to discouragP
(l) Gn on
- .. 't
l<i.lt"Cl.UI. Cl
in "1("\7':'
L ../ ! _;
to office to
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to thr :-2ntra.l ci:::-.i.ct: for pr-occss:;_n;_;.
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app 1_Lt:(l io
that at the
Al 1 au LL Gr o s s ,
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St atr r:
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a forGer employee
at
a was on rcGta1
sc d c"Jncern al- out ing the app 1 :Lcat ion
Gom2z es a (oorman
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;10-
2. Pursuant to the agreement made by counsel of the
Miriam Abrams
Casper Aloi
Cosmo Aloi
Shirley Ames
Corinthia Anderson
Lola Anderson
Carmen Baceret
Jose R. Barros
Peter Baybak
Victor Baybak
Susan Bernstein
Beverly Best
Vikentije Besu
Luiz Betencourt
Kalman Biczo
Theodore Bogart
Harriette Bolling
Carl Bonekoskey
Rene Bouchard
Gerard Breitner
Donald Brofman
Mae F. Brown
Maxine Brown
William V. Buffa
Stephanie Bush
-11-
Joseph Calcaterra
Doreen Cameron
Alfred Cardilli
Regis Cardillo
Martin Celnick
Lawrence Ceraula
Michael Cheng
Andrew Cirelli
Ruth Clarke
William Clay
William Cloonan
Nafi Coker
Peter Connan
Ismail Dahbali
Henrietta Davis
Marie Davis
Glen G. Day
Oscar G. Deagustini
John DeMark
Edward Dier
Charles Duryea
John Egeland
Rufus Ensley
Selma Epstein
Janice Evans
Carol Falcone
Diane Falcone
Victor Falcone
Theresa Farina
Skender Fici
-12-
Elizabeth DiFiore
Max Fischer
Richard Foard
Jack Fogler
Marva Forde
Linda K. Friedman
Anita Furman
Edwardo Galdames
Mary Gallager
Annette Gandy
Edgar Gelar
Rhoda Glasser
L. Goldberg
Monique Golden
Dina Goldfarb
Morris Goldfarb
Adolfo Gomez
Benny Gonzales
James Gordon
Max Greenbaum
Hyla Greenberg
Frank W. Greene
Allan Gross
Mabel Gruber
Josephine Gugliotta
Ernestine Guzman
-13-
Virginia Hallem
Lucy Hanna
Herbert Heller
Donald Herman
Robert Heusel
Sara Heyman
Ann Hurley
Stuart Hyman
Clara Jacobs
Gustav Jaeckh
Charles Jonap
Ellis W. Jones
Margaret Jones
Rose M. Jones
Nettie Kerstein
Harry Kreitzer
Guido Lara
Henry Lawson
Adelfa Leal
Joan Legeno
Anthony F. Licari
Ray LiMani
Nicholas Luttendodt
-14-
Dora Mabunda
John Mare
Charles W. Martin
Mary Massa
Gary M. McCaskill
Peter Menza
Youn Minn
Thomas Miranda
Charles Mitchell
Geraldine Mitchell
Esther Monasch
Lillian Morales
Robert Morrison
John Mosby
Sheila Moskowitz
Alan Newman
Gertrude Olin
Wilma Parker
Robert L. Patterson
Yolanda Perez
Julius Reinheimer
Thomas Randazzo
Joseph Reed
Frank Regina
Julius Reinheimer
Gertrude Robinson
Walter Rohr
Chauncey Roles
Abraham Rosenberg
-15-
Robert Rosenblaum
Erruna Rossinsky
Albert Rossland
Andrew Rossner
Muriel Salzman
Louis Sarnell
Ruth Sarver
Dominic Scaglione
Helen Schnitman
Marcia Schwartz
Charles Sedita
Louis Sforza
Martin Shaechter
Sarah Shah
Pearl Shaw
Muriel Silberberg
Otis Simpson
Gloria V. Sloley
Herb Smith
Phyllis Spiro
Frank Stern
Jeanette Strauss
Simone Taha
Meilech Teitelbaum
Matthew Tosti
Anthony Tringo
-16-
L. Warkol
Olga Wusits
J. Hugh Watkins
Edward Watson
Arlene Weiler
James Gordon White
Robert H. White
Bill Wiedmann
Pauline M. Williams
Helen Wrenne
Abraham Wybinow
Stephen Zaffarano
Mr. and Mrs. Paula Ziselman
Frank E chwelb
Norman • Goldberg
Donna F. Goldstein
Attorneys,
Civil Rights Division
U.S. Department of Justice
Washington, D.C. 20530
•
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Ci ..J i 1__ t E) Ji \r J
UNITED STATES DEPARTMENT OF JUSTICE
*
Addreoa Reply to the
Di viaion Indica ted
J. S.
and Refer to lnitU.lo and Numb«
SEP 171974
Honorable ',d:;. R.
Ui:litt.:d States Ji:.otric:.: L:ourt
District ol N0w York
.. 5 Ca.dman PLr:d •:a;.:; t
Brooklyn, New York
Ncuhcr:
kesrcctfully yours,
kJO
f'
1 ') '\
;J y: \ (;,Ji
NCm.i'L\N P. GOLDBERG
. \.t torn2y
Housing Sc,ction
,,
deadline. lndeed, if plaintiff's September third response is
deemed to be untimely because it comes after the discovery
deadline, defendants would succeed in defeating what would
otherwise be permissible discovery by making informal objections
at the eleventb hour.
Mr. Cohn also indicates that he has asked Judge Neaher
to fix an early trial date. We have, as yet, received no
notice from the defendants, either formal or informal, that
they have requested that this case be put on the trial calendar.
Howeve;, we will be contacting Judge Neaher to advise htm
we believe there are certain matters remaining outstanding in
this lawsuit which need to be settled before this action is
set for trial. These include our request to inspect records
in Norfolk, Virginia, and a forthcoming motion which we intend
to to have defendants' July 26 notice of Motion and
supporting Affidavits, which seek to have plaintiff's counsel·
held in contempt of court, stricken from the record.
Ragpectfully yours,
J. STANLEY POTTINGER .
Assistant Attorney General
Civil Rights Division
. By:
DONNA F. GOLDSTEIN
Attorney
Housing Section
DJ 175-5: <.8
A. Catoggio
t ,. ..,n
Rc3pcct£ully yours,
J. STANLEY
As3istant General
Civil Rights Division
By: *\ G. - - .
DONNA
,\.ttorney
Section
ROY M. COHN
SCOTT E. MAN LEY (ADMITTED ILLINOIS AND INDIANA)
MICHAEL ROSEN September 5, 1974
DANIEL J. DRISCOLL
HAROLD SCHWARTZ
MELVYN RUBIN
JEFFREY A. SHUMAN
LORIN DUCKMAN
-li
1
It •
United States Magistrate
J'3f.tfl:'te.:rn .Dlstrict o:t .Nm'l Y::-n:•k
UNITED STATES DEPARTMENT OF JUSTICE
WASHINGTON, D.C. 20530
JSP:FES:DFG:car
DJ 175-52-28
Sincerely,
J. STANLEY POTTINGER
Assistant Attorney General
.
By: .A . . . ,
DONNA GO STEIN
Attorney
Housing Section
4
---------------------------------x T!f\1E 1\Jl. ...... · · · · · · •:
P.r.l. ............. •·
UNITED STATES OF AMERICA,
5
-against-
6 73-C-1529
FRED C. TRUMP, et al.,
7
Defendants.
8
9
---------------------------------x
10
United States Courthouse
11 Brooklyn, New York
13
B e f o r e :
14
HONORABLE EDWARD R. NEAHER, U.S.D.J.
15
16
17
18
19
20
21
22 DANIEL D. SIMON
OFFICIAL COURT REPORTER
23
24
25
2
1
Appearances:
2
3
DAVID G. TRAGER, ESQ.
4 United States Attorney
for the Eastern District of New York
5
BY: FRANK E. SCHWELB, ESQ.
6 -and-
NORMAN GOLDBERG, ESQ.
7 Assistant U.S. Attorneys
8
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
2 your Honor
8 terrible things.
11 ness.
19 interrogatories.
5 inferences.
10 why don't "'e hear "VThat the witnesses say without .hav-
11 ing !'1r. Schwelb, before they say it, tell your Honor
12 what it is
18 shorten it.
6 performed.
11
MR. COHN: Your Honor, I miqht say that the
12 motion is made in complete good faith. As a matter of
13
fact facts supportive of it become increasing in volume
14 rather than diminishing.
17
MR. SCHWELB: Let me just say that in conclusion
18 of \V'hat I wanted to say here your Honor is that the
6 your Honor.
9 I would do, and I know the Court has read the motion
19 of this Court.
5 DIRECT EXA11INATION
6 BY MR. COHN:
10 ment?
12 Rights Division.
17 right?
18 A Correct.
21 A Yes.
23 A May, 1974.
25
Goldstein-direct 12
TlR2 2 Q Before that time had the work that the sub-
DDS:QM
3 stance of the work you were assigned to do been handled by
5 A That is correct.
7 that right?
8 A Yes.
9 Q May of 1974?
12 A Yes.
16 all, but because I worked in the same office that Miss Gold-
19
time to time?
20
A Yes.
3 1974 did you familiarize yourself with the legal file in the
4 case?
5 A Yes.
13 1973?
14 A Yes.
15
Q Did there come a time when you learned that
19 A Yes.
21
specification of various items of that charge including when,
24
place?
6
Riqhts Section?
7
A Yes.
8
0 did you become familiar withthe interroga-
after?
10
11
A I believe I read them prior to May and of
14
Q Is it fair to say that vour understanding was
18
A I am sorry, but could you restate that.
(Record read.)
20
MR. SCIIWELB: Your Honor, I object to the form
21
of the ouestion for the followino reasor.: I think that
22
the trouble that the witness may be having is is he
23
asking her are these the final answers, the only thinq
24
that we would refer to in the case until the end of the
25
1 Goldstein-direct 15
5 not be objectionable.
7 few questions.
8 BY HR. COHN:
10 the question?
12 those interroqatories.
13 Q When you took over the case --
14
MR. COHN: Withdrawn.
15
0 Your recollection is that you had read both the
18 1'\. Yes.
19 () And after the case was assiqned to vou in Mav,
20
1974, you looked at them again, is that. riqht?
21 A Yes.
22
0 Well, "''hat 1:rras your understanding as to the
23
purpose of interroqatories and the responses thereto?
24
A Ny understanding of the purpose of the interroga
25
tories, as in any case, is to -- the interroqatories asked for
1 Goldstein-direct 16
5 the interrogatories.
8 A That is correct.
17 of time. Can you give us the period of time over which these
21 tell you the exact period of time that these were taken. I
24 Q
All riqht, let's take that. You were present at
25 some depositions that were taken durinq June and July, is that
Goldstein-direct 17
1
2 right?
3 A Yes.
11 you.
16 mean?
25 dicating).
1 Goldstein-direct 18
2 BY MR. COHN:
10 Is that a fact?
14 tion was called for concerning not events charged inthe com-
4 {Record read. )
6 BY r.m. COHN:
9 A No.
14 quately.
18 that she wanted to explain her answer and has the right
3 case. Right?
11 BY HR. COHN:
13 have them .
7 an end.
9 perplexed.
11 make an offer of
13 and scandalous.
17 thing.
9 now.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TlR3 1 Goldstein-direct 24
DDS:MM
2 THE COURT: I understood this to be in the natu e
7 score.
12 paragraph
20 your Honor.
22 BY MR. COHN:
24 A Yes, I do.
3 A No.
14 A Yes.
21 motion.
24
MR. Interrogatories call for all the
25 information that had to do with Miss Goldstein's conduc •
1 Goldstein-direct 28
7 1\fr • Trump •
8 DIRECT EXAMINATION
13 this motion.
15 Honor.
18 New York Urban League and that that testing was conducted in
19 early July, and that the information about that testing was
24 capacity?
2 date.
9 you, t-1iss Goldstein? You don't have any doubt about that,
10 do you?
16 Bush until around July, you are not quite sure -- I am sorry -
17 around August and you are not quite sure but it was around
18 August, the fact is you had met Miss Bush's superiors back in
17 testing.
22 so?
3 which
5 BY MR. COHN:
8 A I don't recall.
13 project that she was doing -- that the Open Housing Center
21 acts which you claim were committed in tr:is case, and that the
23 stage?
7 case, and she may have known, Miss Hoeber, I have no idea.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
36
1
dds;pc
tl/4 2
Q Did you ask Miss Haber to keep quiet the
3
fact that you had knowledge of her sending this undercover
4
agent around in July of 1974?
5
A Are you talking about the tester?
6
Q Yes.
7
A Did I ask Miss Hober to keep quiet?
8
Q The fact that she and you had discussed the
9
sending of this agent around?
10
A I may have indicated to Miss Haber that I was
11 not asking her to do this.
12
Q Did you say in words or substance to Miss Haber
13
it might not be the right time at this point to be sending
14
agents around to the truck buildings because we have already
15
presented our case, but if you do it on your own, that is
16
your business and I would be very happy to receive any
17 information that you can give us?
18
A I don't believe that would be a correct
19
statement of anything that I would have said to Miss Hober.
20
Q Well, I don't want what you would have said. I
21
want your recollection of what you did say.
22
A I didn't say to Miss Hober that we have already
23
presented our case and it wouldn't be appropriate for me to
24
-- because we presented our case it wouldn't be appropriate
25
for me to do the testing. What I may very well have said
37
1
25
Q Now, just one last question on this point:
38
1
2
7 Mr. Goldberg's name may be on it. All our requests are
3
reviewed and finally sent out by Mr. Schwalb or two of his
4
deputies.
5
0 Did you request the FBI to contact a lady
6
Carol Falcone?
7
A I believe I did, yes.
8
0 Do you have any doubt about that?
9
A I believe she was on the list that I sent out.
10
A number of requests were sent out.
11 0 A number of anything might have happened. All
12
I want to know is, as you are sitting in that witness chair
13
were you the one who told the FBI to interview Carol Falcone?
14
A I advised Mr. Goldberg. I believe we both --
15
I don't know which one she was on. One of us did.
16
Q Were you aware of the fact that sometime before
17 the FBI appeared, if the evidence is so going to show, at Mis
18
Falcone's home at 10 o'clock at night, you were the one. who
19
told the FBI to go?
20
MR. SCHWELB: Your Honor, first of all I object
21
to that entire tone which is unnecessary, and, second,
22
the question is so.confusing that I would object to
23
the form.
24
MR. COHN: I will be glad to withdraw it.
25
0 Could you tell us simply, did you tell the
43
1
2
8 FBI to go to interview Carol Falcone or did you have
3
knowledge that any of your colleagues told the FBI to go
4 to interview Carol Falcone?
5
A Either myself or my colleagues requested that
6
the FBI conduct an investigation or to interview certain
7 former employees. and Miss Falcone was one of them, Mr.
8
Cohn.
9
THE COURT: I think that has been answered.
10
MR. COHN: The answer is yes.
11
MR. SCHWELB: Your Honor, will he stop testify-
12
ing, please? The presence of the witness is highly
13 superfluous if he tells us what the answer is.
14
MR. COHN: If I could get straightforward
15
answers, your Honor
16 THE COURT: I think the answer was straightfor-
17 ward, Mr. Cohn.
18
Q Now, did you tell the FBI that you wanted to
19 talk to Miss Falcone?
20
A What I believe I said was that after I had
21
interviewed Miss Falcone I contacted the FBI, or Mr. Goldberg
22 contacted the FBI to inform them that we had already contacte
23
Miss Falcone and it would be unnecessary for them to do so.
24
Q Do you want to give me the chronology of this?
25 Is it, as I understand from your last answer, that you told
44
9 1
7 this case?
12 FBI was?
13 Q Yes. Would this refresh your memory? You said
18 FBI?
19 A We had been working together on it. I know
10 FBI.
12 Falcone?
15 A One occasion.
19
20
21
22
23
24
25
1 Goldstein-direct 48
2 About 30 to 45 minutes?
Q
3 A About that.
4 Where did that take place?
Q
11 twelve.
13 were there?
19 A No.
21 substance that --
25 A Yes.
1 Goldstein-direct 49
3 to her that she wasn•t telling the full truth concerning that.
9 to believe, did you tell her that there are perjury laws
11 A Absolutely not.
13 A Totally.
19 asked her.
22 A Absolutely not.
6 place at the Trump office and therefore you knew what she was
9
mind.
10 Q Now, do you know somebody named Mr. Miranda?
11 A Yes.
18 that.
19 Q I know it was July.
24 A Yes.
10 A At his home.
15 home?
16 A Midday.
18 working then?
19 A Yes.
24 to be.
1 52
Goldstein-direct
2
set up?
A Yes.
3
Did you go to his home?
Q
4
A Yes, I did.
5
Q Anybody else present?
6
A His wife.
7
Q How long were you there?
8
A About two hours.
9
Q You were there about two hours?
10
A Correct.
11
Q Did you ask for another interview after you lef ?
12
A No.
13
Q Did you say in words or in substance to
14
Mr. Miranda that you did not feel he was giving you the
15
whole story?
16
A No, Mr. Miranda -- No, I did not. Mr. Miranda
17
was at first reluctant to speak with me. He never gave me
18
a different story. He told me he didn't want at first to
19
discuss the matter. But I never indicated to him that I
20
felt he was giving me a story that was incorrect or
21
incomplete.
22
Q Did you tell him that you didn't have to
23
discuss the matter?
24
A I indicated -- Mr. Miranda -- he told me he
25
didn't want to become involved in this lawsuit. That he
1 Goldstein-direct 53
2 was frightened.
6 friendly witness --
8 this question.
17 witness had said that he didn't wish to talk to you, did you
20
tion, but the implication in that question is that
24 warning.
THE COURT: Just because his name was Miranda.
25
1 54
Goldstein-direct
2 MR. SCHWELB: I missed that. I am sorry.
3 Q I'm not asking you for your mental processes.
4 I'm asking if you had told Mr. Miranda that you do not have
5
to talk to me now if you dn't wish.
6
A No.
7 Q How much longer after he told you he didn't
8
wish to did you remain there?
9 A I remained there for a few hours. Mr. Miranda
10 talked to me and told me why he did not want to get to talk
11
to me.
12 Q Did you help jog his memory --
13 MR. COHN: I withdraw that question. Did you
24
deal with?
25 A No.
1 Goldstein-direct 55
6 Ziesselman?
7 A Yes.
8 Q Did you interview them?
9 A Yes.
10 Q When?
11 A I I interviewed them after I interviewed
15 A At their home.
19 phone book.
22 statement to you?
23 A No.
25 furnish more information that you were going to send the FBI
1 Goldstein-direct 56
5 them and interview them. And that now that I had contacted
6 them, that I would try to get in touch with the FBI to let
7 them know that I had seen them so that the FBI wouldn't come
13 the FBI?
14 A That is correct.
16 threatening context?
17 A No.
20 A Yes.
8 A Yes, absolutely.
4 happened.
13 sit on the witness stand .now as to when you asked the FBI to
15 A Well --
19 which FBI list his name was included in. It may have been
23 A Yes.
14 or visited
15 such an investigation.
22 Miss Goldstein.
17 also under our statute they call on the FBI for aid
21 him?
5 (Witness excused.)
7 C A R 0 L B A L I S T R E R I , called as a witness,
10 DIRECT EXAMINATION
11 BY MR. COHN:
12 Q Miss Falcone, what is your full name?
17 A Yes.
19 A Yes.
24 A Yes, it does.
2 A Yes, it is.
4 A No.
10 A I was a clerk.
13 A Yes, I did.
15 A Yes.
18 A Yes.
19 Q What happened?
21 Q What time?
24 A In the evening.
13
store.
14
Two gentlemen also went to my store and they
15
spoke to my husband. My husband said that it just happened
16 she is not here but she is here every day.
17 MR. SCHWELB: Is this something you related to
18 Miss Goldstein or is that something that you related
19 to the outside world?
20 THE WITNESS: He said to Miss Goldstein.
21 Q You said to Miss Goldstein?
22 A I told her how many people had been looking for
23 me.
24 THE COURT: Well, did you understand that an
25 FBI man came to your store? Is that what you are saying?
1
Balistreri-direct 66
2 THE WITNESS: No, two gentlemen. My husband
3
didn't tell me who they were. He said two gentlemen
4
came looking for you.
5
THE COURT: You told this to Miss Goldstein?
6 THE WITNESS: Yes.
7 Q And I think you said that I am right here
8 practically every day?
9 A I told her, I said, I am here every day. They
10 keep saying they are looking for me; they are looking for me.
11 I am here.
12 She said, "Well, that's why I came to speak to
13 you."
14 How long did she stay?
Q
5 asked you about how long you worked for the Trump Organizatio
12 you did?
17 than that. That is all I did there. That was about it.
19 the interview?
21 this to her -- she said remember , do you know what the char e
22 is for perjury.
25 years.
3 you what I did there. And that was the end of it.
4 What you told her was the truth?
Q
5 That was the truth. That's what I did.
A
12 I said I am 28.
13 She said do you own this place?
18 every penny that I made and that is how I own this place.
19 If you think in any way that I got the money from, you know,
24 friends were.
25 Q I want you to go into all the questions that
1 Balistreri-direct 69
2 she asked you about different friends of yours. But I do
3 want to ask you did she ask you about any personal relation-
4
ship you had with Donald Trump?
5 Yes. She said were you single when you worked
A
6
there?
7
I said yes, I wasn't married.
8
She said do you know Donald Trump?
9
I said yes, I worked for him.
10 She said did you ever go out with him?
11 I said no, I did not.
12 Did he ever ask you out?
13 I said no, he did not.
14 MR. COHN: Nothing further.
15 MR. SCHWELB: Can I have about a two-minute
16 recess?
17 THE COURT: Let's have a ten-minute recess.
11 A Yes.
14 that you wrote that statement rather than at the present time.
15 A Yes.
18 A Yes.
21 A Yes.
22 Q And now
25 him say were you asked this question and did you give
1
Balistreri-cross 72
2
this answer.
3
THE COURT: All right.
4
Q Now, in writing your affidavit, Miss Falcone,
5
did you try to be fair?
6
A Yes.
7 Q You tried not to exaggerate?
8
A I didn't exaggerate. You know, I wrote down
9 what she had said to me and what I said.
10 Q Now, I believe that you stated in your affidavi
11 that " ••• I was interviewed by Miss Donna Goldstein, attorney
12 for the Civil Rights Division of the Justice Department and
13 by another attorney on the morning of July 19, 1974 at my
14 place of business in connection with the civil rights suit
15 against my former employer, Trump Management."
16 Now, were you interviewed on that occasion by
21 " ••• that in fact made me feel I was a criminal being held on
24 me.
25 I meant when I said it that because they carne
1 Balistreri-cross 73
2 looking for me at such odd hours and that they, you know, as
3 they were all trying to reach me when I was right there at
4
my place. That is what I meant by it.
5 Q Is it your testimony that somebody other than
6 Miss Goldstein tried to make you feel like a criminal?
7 No one treated my unfairly except I felt that
A
8 she did.
9 The others all were nice to you, were they?
Q
10 A Very nice.
11 And they treated you fairly?
Q
22 right, is it?
24 hours and maybe ten minutes, or three hours and seven minutes
4 time.
12 you mean?
15 A It is my assumption.
19 different buildings?
20 A Yes.
24 were. How many do you think were black and how many QO you
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.,
76
1
GR/rp 1 Balistreri - cross - Schwelb
2amrl
2
CROSS-EXAMINATION
3
BY MR. SCHWELB (Cont'd):
4
Q And you took from that that she -- she was ac-
5
cusing you of lying about that?
6
MR. COHN: What?
7
THE WITNESS: Excuse me?
8
MR. COHN: I don't understand. You took from
9
that she was accusing you of lying?
10
MR. SCHWELB: About the racial composition of
11
the building.
12
Q Did she ask you a lot of questions about it?
13
THE COURT: Do you understand the question?
14 I
15
16
17
It was poorly phrased.
18
Q Now, at the conclusion of your discussion with
19
Miss Goldstein -- strike that, please.
20
At the beginning of your discussion, you had
21
a very friendly conversation, didn't you?
22
A Yes. I was polite to her.
23
Q She was polite to you?
24
A Yes.
25
77
3 A Yes.
10 business?
11 A Yes.
12 Q That was the tone of conversation?
13 A At the beginning.
14 Q When you left, you said, "Goodbye"?
15 A I said, "Goodbye."·
18 rude to her.
19 MR. SCHWELB: I have no further questions of
20 this witness, your Honor.
21 THE COURT: Any redirect?, ·
23
25
78
1 3 Balistreri - redirect
2 REDIRECT EXAMINATION
3 BY MR. COHN:
12 Mr. --
17 question.
18 BY MR. COHN:
12 the tapes?"
13 She said, 11
Well, you did answer the phone."
16 I said, 11
I do not know anything of this. What
24 (Witness excused.)
1 5 Miranda- direct
2 permission.
5 testified as follows:
6 DIRECT EXAMINATION
7 BY MR. COHN:
13 home?
16 A That's right.
19 Q And when she came in, did you have any discus-
24 in this?
21 (Question read.)
22 BY MR. COHN:
23 Q That was in connection with which answers,
24 Mr. Miranda?
25 A In connection with the question I refused to
82
1 7 Miranda - direct
3 be involved.
4 Q Did she press you to say that there had been
7 building, yes.
8 Q What did you tell her?
9 A No.
10 Q After you had told her there was not, did she
23 CROSS-EXAMINATION
24 BY MR. SCHWELB:
25 Q Mr. Miranda, you filed an affidavit in this
83
1 8 Hiranda - cross
2 case earlier, did you not?
3 A If I file an affidavit in this case?
4 Q Yes.
5 A To whom?
6 Q You signed a paper which is an affidavit?
7 A I signed a paper when?
8 Q And that affidavit was written in legal tenns,
9 wasn't it?
10 A Yes.
11 Q You don't understand the legal terms very well;
12 is that right?
13 A That's right.
14 Q Youwere given a chance to make changes but you
15 ddn't know how to make changes on a document in legal terms;
16 is that right?
17 A I don't think so. I don't think that they even
18 mentioned ti1at to me. I saw the affidavit was in good terms
19 and good looked all right and I signed it.
20 Q You didn't write it, did you?
21 A No.
22 Q \'lho write it?
23 A Somebody in the office.
24 What office was that?
Q
25 A Trump office.
84
1 Miranda - cross
9
2 Q Thank you.
3 Now, when .did you first meet Mr. Cohn?
4
A Mr. Cohn?
5
Q 'This gentleman here, Mr. Roy Cohn.
6 A Mr. Roy Cohn? I met him over here when I
7 came first for a hearing in the lobby.
8 Q For the deposition; is that right?
9 A Deposition. Whatever you call.
10 Q So you had not met him when you signed your
11 affidavit, had you?
12 A No.
13 Q Now, did you know that as a result of your af-
14 fidavit, Miss Goldstein could get in ver serious trouble?
15 MR. COHN: Your Honor, I object to that.
16 Did he know with respect to his affidavit
17 Miss Goldstein could get into serious trouble?
18 I don't think that's a proper question.
19 THE COURT: I think that objection is well take •
20 l-1R. SCHWELB: If I understand the ground for
21 the objection, your Honor, I could.--
22 THE COURT: You might inquire whether anyone
23 explained to him why the affidavit was being asked --
24
sought, etc.
25 Q Did anybody explain to you why the affidavit
85
1 10 Miranda - cross
2 was being taken?
3 A If anybody -- well, is quite difficult to answe
4
that question.
5 Q Did anybody explain it to you?
6 A The result of the -- the affidavit?
7 Did anybody explain to you --
Q
8 A No.
9
Q what would be done with the affidavit?
10 A No.
11 Q Now, I think this -- did you go to Mr. 'l'rump's
12 office after Miss Goldstein came to see you?
13 A I don't remember if it was the same day or the
14 following day.
15 Q Sometime after?
16 A Yes.
17 Q You told Mr. Trump, didn't you, you -- that
18
Miss Goldstein had interviewed you about this case and it was
19 his case and not your case?
20 A I --
21 Q You didn't want to be involved in his lousy cas ?
22 A That's true.
23 Q Now, he's a very busy man, is he not?
24 A Mr. Trump, yes.
25 Q So he spent only about five or ten minutes with
86
1 11 Miranda - cross
6 Q A short time?
7 A A short time.
10 Miss Goldstein?
12 tion.
13
fOls. 14 (Continued on next page.)
15
16
17
18
19
20
21
22
23
24
25
87
13 happened in my house?
14 Q Right.
15 Between you and Miss Goldstein.
21 called you --
22 THECOURT: Hold it just a minute. I know the
24 read it.
25 MR. SCHWELB: I'm sorry, your Honor. I was
88
1
2 Miranda - cross/Schwelb
2
going to take it step by step but I'll withdraw it.
3
THE COURT: Yes.
4
THE WITNESS: This is all right.
5
Q Now, Miss Goldstein first contacted you by
6
telephone, did she not?
7
A That is right.
8
Q And she was very polite when she set up the
9
meeting with you, was she not?
10
A She was very polite.
11
Q And when she was at your house she wasn't rude,
12
was she?
13
A Well, I was not cooperative,she was a little ,
14
rude.
15
Q Now, Mr. Miranda, --
16
A She was all right.
17
Q You say
18
A You see, she has her own purpose to be there to
19
get some information in relation with discrimination in
20
Trump buildings.
21
Q Right.
22
A Right? So in the position that she is, I don't
23
mind, in other words, that she has to do her job properly.
24
But that doesn't mean that she has to use words of higher
25
authority or something like that.
89
1 3 Miranda - cross/Schwelb
2 Q The words were higher authority?
3 A Yes. Somebody higher in the Department of
4 Justice.
5 Q Let me just ask you first, isn't it true that
6 youtestified and isn't it true that you think she is a nice
7 girl?
8 A A nice girl.
9 Q She wasn't rude to you in her words?
10 A A nice girl. Doing her job.
11 Q Her job was to interview you about the Trump --
12 A Yes.
13 Q The agency?
14 A Yes.
15 Q At the end of her doing her job, she asked
16 you-- you-had coffee and donuts with her, did you not?
17 A Yes, if I remember.
18 Q You had a very friendly discussion about Puerto
19 Rico and the problems of Puerto Ricans, didn't you?
20 A Yes.
21 Q And at the end of it you said good bye and she aid
22 good bye and everything was very friendly?
23 A Of course.
24 Q As a matter of fact, you -- she is welcome
4 Miranda - cross/Schwelb
1
2 A Anytime.
3 Q Thank you.
5
you told her that you didn't want to be involved in this case
11
Q All right.
12
Is that what you mean by the higher authority?
13 A No.
22 Q Thank you.
1
5 Miranda - cross/Schwelb
2
A I called my son.
3
Q Now, didn't you call your son for advice as to
4
whether to give information to her?
5
A Yes.
6
Q ANd he advised you to give information to her,
7
didn't he?
8
A No. In other words, she talked with my son.
9
They have a short conversation.
10
Q You talked to him, too, didn't you?
11
A Yes, I did.
12
Q And wasn't the subject of your conversation
13
with him whether you should give information?
14
A The subject of the conversation was in relatio
15
with that but when I took the phone after she finish, my
16
son told me to make my own judgment. To do it or not.
17
Q All right.
18
Now, Mr. Miranda, would it be fair to say that
19
the main problem about Miss Goldstein's visit to your house
20
was she was trying to get you involved in the case and you
21
didn't want to be involved in the case?
22
MR. COHN: Your Honor, I object to that.
23
MR. SCHWELB: Cross-examination, your Honor.
24
THE COURT: Yes, I think it is fair cross-
25
.•
92
1
6 Miranda - cross/Schwelb
2
examination.
3
Do you understand the question?
4
THE WITNESS: Make the --
5
THE COURT: Read it back.
6
MR. SCHWELB: I'll rephrase it, your Honor.
7
Q You were annoyed because she was trying to get
8
you involved in the case and you didn't want to be involved
9
in the case; is that right?
10
A That is right.
11
Q Okay. Now, Mr. Miranda, do you know Ronald
12
Bunn and Agnes Bunn?
13
A No.
14
Q Weren't you talking to Mr. Bunn in this court-
15
room today?
16
A Oh.
17
Q A black gentleman in the courtroom today?
18
A Yes.
19
Q Do you know him?
20
A Yes.
21
Q For how long have you known him?
22
A For two years.
23
Q And a nice fellow?
24
A Very nice fellow.
25
93
1
7 Miranda - cross/Schwelb
2
Q Truthful?
3
A Truthful.
4
Q Now, didn't you have a conversation with
5
Mr. Bunn or with Mrs. Bunn about having to return a deposit
6
of a black woman and tell him that you didn't want to have
7
to return that deposit, that Mr. Trump ought to return the
8
deposit?
9
A I dont recall that.
10
Q You recall it?
11
A No, I don't remember that. I never did it. I
12
don't recall. I don't remember doing and talking with this g y
13
in relation with that. I never did.
14
Q Now, is it that you don't recall or you didn't
15
do it?
16
A I don't do it.
17
Q So you do recall?
18
A I didn't recall.
19
MR. COHN: He recalls he --
20
A In other words, everything that is in particula
21
for the business of the--- of the company, I work. I never
22
. discuss this matter with the tenants. I consider this someth ng
23
that we discuss with the office or --
24
Q Well, do you have any idea of what incident
25
I'm talking about with respect to a tiack woman?
94
1
8 Miranda - cross/Schwelb
2
MR. COHN: Your Honor, that's objected to as
3
beyond the scope of direct examination and beyond
4
the scope of this hearing.
5
THE COURT: I think it is. It is getting,
6
moreover, into the merits of the case than the merits
7
of this particular
8
MR. SCHWELB: Here is the problem: If I may
9
be heard briefly on that? The problem is that
10
Mr. Miranda's testimony --
11
THE COURT: The problem is very apparent.
12
MR. SCHWELB: Pardon?
13
THE COURT: The problem is very apparent.
14
MR. SCHWELB: All right. All right, your Honor.
15
BY MR. SCHWELB:
16
Q Now, did you have --- did you meet anybody
17
else from the Department of Justice before you met Miss
18
Goldstein?
19
A First,yeah -- was another girl. I don't rememb r
20
her name, no.
21
Q Was it Elise Goldweber?
22
A I think this is the name.
23
Q Have you seen her in the courtroom today?
24
A Yes.
25
Q Is it the young lady wearing glasses in the third
95
1
Miranda - cross/Schwelb
2
in the right-hand side?
3
A Yes.
4
Q All right.
5
When she came to your house, she polite to
6
you?
7
A Very polite.
8
Q And pleasant?
9
A Pleasant.
10
Q And she asked you questions, also, did she
11
not?
12
A Yes.
13
Q And there were similar questions to the ones
14
Miss Goldstein asked you?
15
A More or less.
16
Q And both of them asked you whether you had
17
any information about discrimination by Trump, didn't they?
18
A Yes.
19
Q And you had a long chat with her and were
20
friendly with her also?
21
A And isn't it a fact, MR. Miranda, that you
22
told Miss Goldweber that racial markings were placed on
23
pieces of paper attached to applications?
24
A No.
25
96
1
10 Miranda - cross/Schwelb
2
Q You didn't tell her that?
3
A No.
4
Q Did you tell that to Miss Goldstein?
5
A No.
6
Q Did you ever tell anybody or tell any of the
7
Justice Department people that -- about an incident of
8
possible discrimination with any black family?
9
A No.
10
Q Did you ever tell anybody that you had been
11
told that the management preferred Jews?
12
A No.
13
Q Did you tell them that they wanted to keep your
14
place white?
15
A No.
16
Q You didn't tell any of those people any of
17
those things?
18
A Any of those things.
19
Q Now, I think you testified that the affidavit
20
was written by somebody else?
21
A Yes.
22
Q And Miss Goldstein is welcome in your house
23
at any time?
24
A Yes.
25
97
1 11 Miranda - cross/Schwelb
4 REDIRECT EXAMINATION
5 BY MR. COHN:
12 A Before, before.
15 Honor.
1 12 Miranda - cross/Schwelb
2 the --
6 the calendar.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
99
GR :Ml'1 1 MR. SCID1ELB: Your Honor, I might say that no
T2R3
2 excuse has been furnished by defendant for not produc-
16
was desired.
18
Zisselman's?
20
concerned, I tried to treat them with as much courtesy
25
today.
100
2 2 you?" They said "Now that you have told us that, you
6 to agree to.
20 That's all.
13 (So marked. )
(
4 a case in progress, a case containinq a serious charqe,
18 a prosecutor.
18
19
20
21
22
23
24
25
ll.
1
GRrp 1 N.R. COHN: What is not in the record?
2amr4&5
2
MR. SCHWELB: About what these FBI agents
3
went in the middle of the night.
4
THE COURT: I would have·to agree with Mr. Sch elb,
5
that outside of a request by his office -- section,
6
to the FBI to conduct such a request. I find no
7
evidence in the record that anything of the nature
8
of Gestapo tactics was permitted by the FBI in doing
9
the tasks assigned to them.
10
I consider that an extraordinary charge to
11
make about an agency which, in my view, has always
12
acted in respect even of criminal, with the utmost
13
politeness and respect for the rules and laws of
14
this country.
15
MR. COHN: Let me say this, Judge Neaher.
16
As far as the FBI is concerned, nobody has bee
17
a better friend of the FBI than I have. I agree
18
with you completely. I have 1wri tten that publicly,
1
19 I
23
for agents to be at potential', witnesses' homes.
24
THE COURT: Well, I will have to take judicial
I
25 I
1
2 Investigation is precisely that. It investigates
2
not only the ivolations of the laws of the
3
United States but it acts as the investigating arm
4
of the Department of Justice in purely civil matters.
5
And this is the first time it has ever been brought
6
to my attention that anyone has charged an FBI agent
7
or agents in a civil matter with some kind of conduct
8
that could be described as storm trooper or Gestapo7
9
type conduct.
10
MR. COHN: Your Honor.
11
THE COURT: I have found no evidence in the
12
record to sustain such a charge and I think the
13
charge is utterly without foundation.
14
MR. COHN: Your Honor, we're going ,from A to
15
B here. The charge in this contempt proceeding is
16
against the FBI.
17
THE COURT: !understand.
18
MR. COHN: I have never brought a charge
19
against the FBI in my life. I have personal reasons
20
why I haven't and I never would. My relationship
21
is much too close.
22
THE COURT: There is no evidence in this record.
23
MR. COHN: Fine.
24
THE COURT: Other than the making of a request
25
in regular course to the FBI, giving names of persons
112
1 3 the department wishes to have interviewed in connec-
2 tion with a particular matter.
3 MR. COHN: Okay.
4 THE COURT: The FBI is supposed to be well
5 trained, professional, and the assumption or presump-
6 tion would be that based-upon their own schedule of
7 assignments and work to be done, they went out,
8 perhaps late in the evening, because their agents
9 are oftentimesrequired to work late in the evening
10 in order to get matters performed,
11 people aren't even approachable during the daytime
12 hours. No one at home and so forth. However,
13 whatever the time, as I say, there is nothing here
14 that in my judgment would warrant any contempt or
15 other action by this Court on the basis of the proof
16 shown here.
17 It is perfectly :obvious that some former
18 employees were approached, were interviewed or
19 attempted to be interviewed. Presumably for one rea-
20 son or another, they did not turn out to be willing
21 witnesses, which is understable in some certain situa
22 tions such as one of this kind. But I hardly find it
23 a basis for critisizing the actions of the plaintiff'
24 attorneys.
25 I feel that nothing here would amount to any
113
13 argue.
1 5 discovery already.
2
There had been 13 depositions taken at that
3
time. He gave the Government -- we took no deposi-
4
tions. We engaged in no discovery.
5
He gave the Government a period of weeks to
6
schedule more and gave them some ground rules about
7
the facts of not calling a lot of ex-employees who
8
. didn 1 t -- couldn 1 t understand the law behind the
9
defendants. He was more interested in what would be
10
admissible in a Courtroom and all of that.
11
After having set the ground rules, the Govern-
12
ment then noticed another bunch of depositions, I
13
think six or seven or eight, something in that number.
14
All of those except one witness who was excused by
15
the Government, sick or something, were by
16
us, exactly as noticed by the Government, and we
17
now have some, I believe, 20 depositions, all of
18
which have been completed and the -- and were complete
19
prior to the cut-off date of September 1st.
20
In addition thereto, Judge Catoggio ordered
21
certain records to be turned over. We had turned some
22
over once before and we turned them over again, plus
23
additional records and all of that was completed by
24
September 1, 1974.
25
The only item that could conceivably be regarde
120
1 11 New York or elsewhere?
2
MR. SCHWELB: Almost all of the New York,
3 I think.
4 MISS GOLDSTEIN: Yes.
5
MR. COHN: I'm going to ask your Honor for
6
two rulings here. I heard what your Honor said
7
about the contempt motion. I might respectfully dis-
8
agree, which I guess is my prerogative and I know
9
your Honor has the ball when it comes to making a
10 decision.
11
Be it a civil case, and let's assume a .civil
12
case is even more than a criminal case, I have never
13
seen anything like this in a discovery period. I
14
don't think I should be met with phone calls every
15
day about undercover agents going around to the
16
buildings while I'm trying to get this case ready.
17
MR. SCHWELB: I object to that for the .eightee th
18 time, your Honor.
19
MR. COHN: Your Honor, they didn't -- they
20
didn't prepare this before they filed the complai t.
21
They're doing it now and I'm paying for it.
22
What I'm interested in is responding to your
23
Honor's inquiry. Are we going to trial November 25th?
24
How much longer are we going to get hit by them with
25
new areas, new things, not mentioned in the complaint
121
6 gatories.
7 MR. SCHWELB: Answers to interrogatories.
1 20 want to amend.
2 We will give that to them next week. If there
3 is an
4 THE COURT: Answers to interrogatories?
5
MR. SCHWELB: Yes. We find -- to supplement
6 the answers as the case goes along.
7 With respect to the question of the legal
8 question posed, of course, there are many cases that
9 hold that equity looks to the future and that's the
10
essence of tbat.
11
Just to respond to one --
12 MR. COHN: I am not prepared to argue it now.
13
MR. SCHWELB: Just to respond to one point
14
that Mr. Cohn made, Congress has said in Traficante
15
against Metropolitan Life Insurance Company,
16 the Metropolitan Life
17 Insurance Company, 409 u. S. 205, at page 211, that
18
the right to equal housing opportunity has been ac-
19
corded the highest national priority.
20
Thank you, your Honor.
21
MR. COHN: Your Honor --
22
MR. SCHWELB: One other word about this and
23
that is, could we have our costs of this motion that
24
have just denied?
25
MR. COHN: Costs?
130
3 anything that --
4 THE COURT: The Government never has to pay
9 Honor's ruling.
10 MR. COHN: Your Honor asked us for law. We
* * * *
IN THE UNITED STATES DISTRICT COURT FOR THE
v. )
)
FRED C. TRUMP, et al., ) SUPPLEMENTAL ANSWERS TO
) DEFENDANTS' INTERROGATORIES
Defendants. )
ways:
(a) Mr. Kalman Biczo, 588 West End Avenue,
New York, N. Y. a former employee of defendants,
Respectfully submitted,
DONNA F. GOLDSTEIN
Attorneys, Housing Section
Civil Rights Division
U.S. Department of Justice
Washington, D. C. 20530
AFFIDAVIT
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
say:
NOTARY PUBLIC
My Commission expires:
CERTIFICATE OF SERVICE
EIN
Attorne Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
> •
.
ROGERS H. BACON (1919-1962) COUNSEL
JEFFREY A. SHUMAN
LORIN DUCKMAN
TiME A.IVI.. ••••••••••.••
..••••••.••••••
Hon. Edward R. Neaher c__. l
United States District Judge
United States Court House
Foley Square
New York, New York 10007
{I) tlif;it<'
: Roy j-1. Cohn f
sb
cc: Mr. Frank Schwelb
...
CIS:HAB:gp '
j. I
.. ,.
F. 730959 ·'
' '.
INTERROGATORIES
-against-
Civil Action No.
FRED C. TRUMP, et al., 73 c 1529
Defendants.
- - X
fendants' interrogatories.
July 24, 1972. Jacobs was told that nothing was available. A
NO N P. GOLDBERG
Attorney
Depaprtment of Justice
Washington, D.C.
V E R I F I C A T I 0 N
NORMAN P. GOLDBERG
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D.C. 20530
EVSLYN SO:viMEQ
•Noterv
P"bi,c, Stdt" o' :\lew York
No. 24-4502 I 58
ir, Ki.cqs County . /
Commission Expires Much 30, 19 ) l
.........
l- '--'
IN THE UNITED STATES DISTRICT COURT .:r '
Supplemental Answer
near the office. The agent stated to Blate that "we" do not
Respectfully submitted,
NORMAN P. GOLDBERG j
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
. -
AFFIDAVIT
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
NO N P. GOLDBERG
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
NOTARY PUBLIC
My Commission
CERTIFICATE OF SERVICE
Plaintiff,
NOTICE TO TAKE DEPOSITION
-against- UPON ORAL EXAMINATION
Defendants.
- - - - - - - - - - - - - - X
S I R S
The oral examination will continue from day to day until completed.
will be present.
DAVID G. TRAGER
(;_
United States Attorney
Eastern District of New York
Att,0rney for
A. BRACHTL .
Ass' tant U.S. Attorney
225 Cadman Plaza East
Brooklyn, New York 11201
(212) 596-3563
TO:
Supplemental Answer
black male who is associated with the Open Housing Center, went
that day. Mr. Jacobs was informed by the rental agent that
with the Open Housing Center, went into the rental office of
3323 Nostrand Avenue, Brooklyn, a fe'i:J minutes after Jacobs
Respectfully submitted,
Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
AFFIDAVIT
CITY OF WASHINGTON )
) ss
DISTRICT OF COLUNBIA )
( /... (·-·,
'
./)
(- /
•..
:, . FEB 18
: •.. !U 175-52-20
'f -
·'·
Dear Neaher:
'
·, .
- 2
Sincerely.,
J. STANI.EY PO'I'TTh'lCER
ABaiatunt Attorney General
Civil Rights Division
j) 17 I}(J
By:
1/l/J..--k
/' {j
"'"". . iJ
FRANK I!;. SCH.WELB
Chief
.1-ioUilng Section
•
0 0
-·
...._ ...........---
. 1..............................
'"' - .
; JSP:FES:DG:sa.s
"": . DJ 175-52.,..20
- . -
FEB 1Sl915
'·
.
lbe l:lvnorable Edward R. Neaher
tltst:t"ict Ju(jge
.kstarn District of New- York
225 Cac:ban Plaza E ..
:New York 10023
I
..
f#--
I am writing to request an early conference with the
Court so that a consent decree. wblch baa been agreed upon in
principle. can be eutered as aoon aa possible.
the Court is
As the parties have agreed to a
settlement of the above-styled action on the terms contained
in the Memorandum of Understanding, executed on January 20.
1975 aod submitted to the Court on January 21, and the
proposed coasunt decree which is attached thereto, which may be
modified only as described in the me110randum. 'lhe -.emorandum
provides that the parties shall seek the assistance of the
Court to resolve any disagrsementtrF as to and that all
proviai.ons not in dispute as to mea:gin.g aba11 be contained in
their entirety in the final coosent decree.
Sincerely it
J. STANI..EY POT'l'INGER.
ABsistant Attorney General
Civi.l l.ligb.ts Division
Dear Sir:
II on . _ __ , U.S.D.J. filed
Lewis Orgel
Clerk of Court
• By:
Thomas-3. costello--
chief Deputy Clerk
Encl.
cc: E. Schwelb, ·•
U • S • Attorney ·- B • 1' • ! •· •
-against-
73 c 1529
FRED C. TRUMP, DONALD TRUMP and
TRUMP MANAGEMENTS I INC. I
Defendants. u.S.:.
- - - - - - - - - - - - - - - - - -x """ FEB '
standing, dated January 20, 1975, and filed with the court
therefor, it is
U. S. D. J.
JSP:FES:dcr J !- -· ;; __ ,.,
! ;'' 1 f= 1: : '' :,
DJ 175-52-11 U. S. DIS I;<; Cl COLLt i :
II
*I This meeting took place only after Mr. Cohn twice cancelled
-;cheduled conference calls between him, defendant Donald Trump,
and counsel for the United States which were supposed to resolve
the controversy once and for all. Subsequently, Mr. Cohn ad-
vised counsel that defendant Donald Trump would come to Washing-
ton to negotiate, but his father and Mr. Eskanazi came instead.
- 3 -
**I See Brennan v. Fields, 488 F. 2d 443 (5th Cir. 1974) for the
-propriety of relief at complexes other than those at which the
alleged discrimination occurred. In Fields, nationwide relief
was granted, whereas here, we negotiated affirmative provisions
applicable only to New York, and not affecting defendants' pro-
perties in New Jersey, Maryland and Virginia.
Sincerely,
J. STANLEY POTTINGER
Assistant Attorney General
Civil Rights Division
By:
FRANK E. SCHWELB
Chief
Housing Section
Plaintiff,
TiME f.\.l\4.. •••••••••••••
-against-
Defendants.
- - - - - - - - - - - - - - - - - -x
0 R DE R
SO ORDERED.
U. S. D. J.
settlement enforced.
- 2 -
Since the final decree was intended to simply "memorialize"
provisions were beyond the scope of what the Court would Order.
1949):
* * *
An agreement of the parties settling a
disputed liability is as conclusive of
their rights as a judgment would be if
it had been litigated instead of
compromised.
- 3 -
was inserted providing for the Court to resolve any
signed Memorandum.
- 4 -
CONCLUSION
For the foregoing reasons, we believe that the
FRANK E. S
NORMAN P. OLDBERG
DONNA F. GOLDSTEIN
Attorneys, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
CERTIFICATE OF SERVICE
OSTEIN
Attorney ousing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
IN THE UNITED STATES DISTRICT COURT FOR THE
Decree has been executed, and plaintiff now seeks to have the
settlement enforced.
It is well established that a settlement agreement
- 2 -
r
Since the final decree was intended to simply "memorialize"
provisions were beyond the scope of what the Court would Order.
* * *
An agreement of the parties settling a
disputed liability is as conclusive of
their rights as a judgment would be if
it had been litigated instead of
compromised.
.. 3 -
was inserted providing for the Court to resolve any
signed Memorandum.
- 4 -
CONCLUSION
For the foregoing reasons, we believe that the
Respectfully submitted,
FRANK E. SCHWELB
NORMAN P. GOLDBERG
DONNA F. GOLDSTEIN
Attorneys, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
CERTIFICATE OF SERVICE
F. GOtDSTEIN
Attorney ,Ut'ousing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
FILED
IN ClEAA'S OfFICE
U. S. DISTRICT COURT £.0. N.Y.
CIS:HAB:iq UNITED STATES DISTRICT COURT
_-fX
*
F.#730959 EASTERN DISTRICT OF NEW YORK
JUN l 0 1975
Defendants.
- - - - - - - - - - - - - - - - -x
later than June 1975, '3.· 00 f./'f:. and that this shall
EDt.VARD R. NEAHER
United States District Judge
CIS:HAB:gp
F. 730959 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - X
UNITED STATES OF AMERICA,
Re
' /
/) /
Attorneys
U.S. Department of Justice
CIS:HAB:gp
F. 730959
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - X
UNITED STATES OF AMERICA,
Civil Action
Plaintiff, No. 73 C 1529
-against- AFFIDAVIT
Defendants.
- - - X
STATE OF NEW YORK }
) ss. :
COUNTY OF KINGS }
says:
1. I am the Chief of the Housing Section, Civil
Cohn's office since about 4:15 p.m. {the revised time for
me, which she did. I advised him that the decree was
hung up.
for the very short time needed to complete the job. Based
FRANK E. SCHWELB
AM' 0
EV&LYN SOMMER
\tilotfery Public, State of New Y
. No. 24 4502158
ar,, Qualifiecl in Kings County
Comnlluie• Expires March lO, 19 77
-2-
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - X
Plaintiff, AFFIDAVIT
Defendants.
- - - - - - - X
COUNTY OF KINGS
and say:
is attached hereto.
New York in time for the 3:00 P.M. conference and for the
lawsuit.
accompanying affidavit.
Neaher's law clerk Mr. David Brown and advised him of what
had occurred.
- 2 -
8. Mr. Schwelb, Mr. Eskanazi and I left Mr. Cohn's
0 ' ,.
me thi§ 6th day of June, 1975.
//\,; '1 '\
,. EVILYN SOMME!It
alofary Pultlic:, Stata of New York
• . No. 24-45021 58
. in Kings County
'C.111miaaio11 E:xpir•s Much 30, 19 77
- 3 -
T. 5/8/75
JSP:FES:dcr
DJ 17.5-52·11
cc: Records
Chrono
Schwelb
t__-Goldstein
Goldberg
I Trial File
'I
....
**I Br.·nnt!!'l v. F{
proprLty c•1:-· r li:.t. z;t
468 F. 2d 4.:\3 (5th C!r. 1974) for th:1
oth r then thOSi:- Ctt ;.:hich th-:.:
allq:t,.'d diFcriCJin;:!tion occtu:r,!d. In J.:i .. ..;l_;L:.,, nDtiomlit!.: rt:li_f
US£ sr.Dnt.d, h r,,, "-'·.' proVL;ions
applicable only to ci:w and not aff: • pro-
perti-.:,; in lh:w J l'i3.rylend end Virginia.
t:o fourteen at
.. "'
- s-
1a li&ht of the for.gof.Dg, we ar . .-· DOW rttquestlog th.a
Court 1 n in accordance with th;, provif ioa..t: of the
of Under.::tanJi.ng GUOtt:?d at the bll'ginning of thit1
lf;ttcr. We \':·;:: hay;.! all reaE.onable
aVi:DU a a final coot: '-'Elt d::crc>! fj·hort of re•
the of CouTt. United St.ates
sgr.: :d to .a ft!Cond po; tp.::.m.:.;m..,nt of th trial in this
ir d by . to .X?· 42 §J614,
on th? r. pr..: hl;!ntat1on that the ti::rms of a ConF· ,.:nt Order
bas agreed to by rlef ·ndantB. Now, four months
l.at:;;r, it appears th.at the cief·.;ndants do not consid•:r
to b.:.:' bound by n-rior including the Mcmoran•
dum of Understanding filed in Court.
The J.r.nuary ::·oth ·:m:.·nt r:p cifica!.ly · tStff' thst all
provi:.:ionc. not in di.-. .ac to rn 11
f"hall b.;. contained in
th:,ir catir"-tY io th,? fiMl Con.,;_;;nt we
r..::r,p .. ctfully r,·,;u t th£lt th,; Court thv authority co:a-
t· mplat;.;d by th.: ,H,-:morandum of and
- 6-
J. ST/ NI..EY
Jttorncy G· neral
Civil Riihts
By:
E. SCH'r.ELB
Lhief
Houn1ng S<&·ct1oa
----------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff, AFFIDAVIT
- against - Civil Action No.
73 c 1529
RED C. TRUMP, et al., .
Defendants.
----------------------------------------X
STATE OF NEW YORK )
) SS.:
OUNTY OF NEW YORK)
. Eskenazi that things were worked out except for the actual
hone in hysterics and kept repeating the same tling, which was
him this week after I had reviewed the final draft with my
eft, which was fine. Mr. Schwelb fails to state in his affidavit
hat he returned to my office about an hour after he had left,
e have gone so far to appease Mr. Schwelb that Mr. Fred Trump
anguage for the decree rather than inconvenience Mr. Schwelb and
o the Court be fixed for the signing of the decree by the parties,
ANN TURCHIANO
Notary Public, St1t" of New York
No.
in Nc·:v Ymk r:ounty
Comm:s5ion rY.arcl1 30, 1977
..
'·
' r
..
FILE:)
1!\: c: ERK·s ()'liCE
U. S. COURT E.D N.Y
CIS:HAB:ec UNITED STATES DISTRICT COURT
F. # EASTERN DISTRICT OF NEW YORK :Jf JUN 1 0 1975 *
- - - X
TIME A.M .........•...••
UNITED STATES OF AMERICA, P.M .............••
Defendants.
- -f? J
This action was instituted by the United States of
Decree.
•
for assuring that their employees will comply with the Act and
Consent Order.
I.
It is hereby ORDERED, ADJUDGED and DECREED that in
II.
INJUNCTION
- 2 -
GENERAL INJUNCTIVE PROVISIONS
1. Refusing to sell or rent, refusing to negotiate for
fact so available.
- 3 -
' .
III
ASSUMPTION OF RESPONSIBILITY BY
PRINCIPALS OF TRUMP MANAGEMENT
INC., AND TRAINING PROGRAM FOR
AGENTS AND EMPLOYEES
units in the New York area and elsewhere, and its activities
not only of its own agents and employees but also of many others.
- 4 -
Accordingly, it is ORDERED as follows:
shall forthwith
carried out.
- 5 -
(1) Furnishing to each such agent and employee
employee.
of this Order.
upon execution.
- 6 -
IV
AFFIRMATIVE PROGRAM
and for a period of two (2) years following the entry of this
Urban League, 150 Fifth Avenue, New York, New York, in writing,
- 7 -
2. Post and maintain fair housing signs in a form
- 8 -
(b) Q cr+ 1-ev..QAcL-e
: I
¥r:.A_ Cl c:/J --zlLe_
u
.t;, .J'_<X-fj tt+1
(ol-e-c_)u'>VI 1 flauJ
\\ CJ :
zoiApt.(
·. I I ..
-f-i-z9 U _,; idly
I
0(?(f"' '"+<--l---H 1-
±A (I
•
Allocate a reasonable proportion of its
- 9 -
B. Program of Providing Listings for Minority
Apartment Seekers
shall notify the Open Housing Center of the New York Urban
League, 150 Fifth Avenue, New York, New York, 10003, of every
C. Affirmative Employment
arise.
- 11 -
2. Notify in writing, each labor union representing
v
IMPLEMENTATION OF OBJECTIVE RENTAL
STANDARDS AND PROCEDURES
A. Standards
1. Income
following circumstances:
- 12 -
(b) The family composition is in excess of
income standards.
2. Occupancy
apartment. Not mere than four (4) persons, two (2) adults
1. Application Procedure
- 13 -
a. Applications for tenancy will be received at the
and disorderly;
or rental agent;
or there is,
criteria.
-14-
b. The superintendent or rental agent shall review
- 15 -
2. Providing Rental Information to Apartment
Seekers
at 2611 West 2nd Street, Brooklyn, New York and 2064 Cropsey
the number of rooms, the monthly rent, and the date of avail-
defendant.
- 16 -
d. No waiting list*/ will be maintained at any of the
VI
REPORTING REQUIREMENTS
for two years the defendant shall file with the Court and
1. Argyle Hall
2. Westminster Hall
3. Fontainebleau Apartments
6. Bachaven Apartments
7. Shorehaven Apartments
8. Belcrest Apartments
9. Highlander Hall
1. made inquiry;
6. were rejected;
7. withdrew applications;
reporting period.
application:
2. date of application;
of apartment sought;
- 18 -
6. if accepted, apartment chosen;
or disposition of application.
supporting information.
for rental.
this Decree.
- 19 -
2. Representative copies of all newspaper advertise-
advertisement.
relation thereto.
VII
years following the entry of this Decree, make and preserve the
by them:
- 20 -
•
VIII
IX
- 21 -
whatever· source, received by the defendant regarding equal
- 22 -
t •
ORDERED this
·tl
day of
L.. , , 1975.
EDWARDR.NEAHER .
United States District Judge
sing Section
Civil Rights Division
Department of Justice
WasHhgton, D. C. 20530
A/vio
U 1/1 T C: rf r ( ''If: ·'/
/
7
- I ..
/_
--;_:,ftc-?(.>,_
1
Attorney
n District of New York
A'PPENDIX A
37 F.R. 342.9
Feb. 16, 1972
ijules and Regulations
!·.•."
('
3429' a
6701
GPO 930·389
APPENDIX B
37 F.R. 6700
4/1/72
§ ll0.5 Definitions. (b) This part shall not require posting • In the tl.nanolng ot housing.
and maintaining a fair housing poater: • In the provlalon of real estate brokeraae
(a) "Department" means the Depart- services.
ment of Housing and Urban Develop- (i) On vacant iand, or
• Blockbusting Is also Illegal.
ment. (ii) At any single-family dwelling, uri-
less such dwelling Anyone who feels he has been discriminated
(b) "Discriminatory housing practice" aga.lnst should send a complaint to:
(a) Is being offered for sale or rental
means an act that is unlawful under sec-
tion 804, 805, or 806 oftitle VIII. in conjunction with the sale or rental U.S. Department ot Housing and Urban De-
(c) means any building, of other dwellings in which circum- velopment, Assistant Secretary tor Equal
stances a fair housing poster shall be Opportunity, Washington, D.C. 20410
structure, or portion thereof which is or
occupied as, or designed or intended for· posted and maintained as specified in
paragraph <a) <2) (ii) of this section, or HUD Region or
occupancy as, a residence by one or more
families, and any vacant land which is <b> Is being offered for sale or rental [Area omce stamp]
offered for sale or lease for-the construc- through a real estate broker, agent, sales- <b> The Assistant Secretary for Equal
tion or location thereon of any such man, or person in the business of selling Opprirtunity may grant a waiver permit-
building, structure, or portion thereof. or renting dwellings in which circum- ting the substitution of a poster pre-
Cd) "Family" includes a single individ- stances a fair housing poster shall be scribed by a Federal 1\nancial regulatory
ual. posted and maintained as specit\ed in agency for the fair housing poster de-
(e) "Person" includes one or more in- paragraph Cal (1) of this section, scribed in paragraph (a) of this section.
dividuals, corporations, partnerships, as- (c) All persons subject to section 805 While such waiver remains in etrect,
sociations, labor'organizations, legal rep- of the Act; Discrimination in the Finane- · compliance with the posting require-
resentatives, mutual companies, joint- ing of Housing, shall post and maintain ments of such regulatory agency shall be
stock companies, trusts, unincorporated a fair housing poster at all their places deemed compliance with the posting re-
organizations, trustees, trustees in bank- of business which participate · in the quirements of this part. Such waiver shall
ruptcy, receivers and fiducialies. financing of housing, not -affect the applicability of all other
(f) "Secretary" means the Secretary (d) All persons subject to section 806 provisions of this part.
of Housing and Urban Development. of the Act, Discrimination in the.Provi-.
(g) "Fair housing poster" means the sion of Brokerage Services, shall post Subpart C-Enforcement
poster prescribed by the Secretary for and maintain a fair housing poster at all § 110.30 Eft'ecl of failure lo diMplay
display by persons subject to sections their places of business. poster.
804-806 of the Civil Rights· Act of 1968. § 110.15 Location of postel'S. Any persotJ, who claims to have been
<hl "The Act" means title VIII of the injured· by a discriminatory housing
Civil Rights Act of 1968, 42 U.S.C. 3601 All fair housing posters shall be promi-
nently displayed so as to be readily ap- practice may file a complaint with the
et seq. Secretary pursuant to Part 105 of this
<i) "Person in the business of selling parent to all persons seeking housing
accommodations or financial assistance chapter. A failure to display the fair ·
o'r renting dwellings" means a person as housing poster as required by this part
defined in section 803(c) of the Act. or brokerage services in connection
therewith as contemplated by sections shall be deemed prima facie evidence of
Subpart E-Requirements for Display 804-806 of the Act. a discliminatory housing practice.
of Posters § 110.20 Availability of poetcrs. Effective date. This part shall be ef-
§ 110.10 P<'rsons Rtthjcct. fective February 25, 1972, except for
All persons subject to this part may § 110.10<c> which shall be effective
<a> Except to the extent that para- obtain fair housing posters from the De- May 1, 1972.
graph <b> of this section applies, all per- partment's regional and area omces. A
sons subject to section 804 of the Act, facsimile may be used if the poster and SAMUEL J. SIMMONS,
Discrimination in the Sale or Rental of the lettering are equivalent in size and Assistant Secretary
Housing, shall post and maintain a fair legibility to the poster availabie from the tor Equal Opportunity.
housing poster as follows: Department. [FR Doc.72 2262 Filed 2-15-72;8:45 .am]
<1) With respect to a single-family
§ ll0.25 Description of poSlcrM.
dwelling <not being offered for sale or
rental in conjunction with the sale or <a> The fair housing poster shall be
rental of other dwellings) offered for sale 11 inches by 14 . inches and shall· bear
or rent9.1 through a real estate broker, the following legend:
agent, salesman, or person in the business
of selling or renting dwellings, such per-
son shall post and maintain a fair hous-
ing poster at any place of business where
the dwelling is offered for sale or rental.
C2) With respect to all other dwellings
covered by the Act:
(i) A fair housing poste1: shall be
posted and maintained at any place of
business where the dwelling is offered for
sale or rental, and
<iil A fair housing poster shall be
posted and maintained at the dwelling,
EQUAL HOUSING
that with respect to a single-
family dwelling being offered for sale or
OPPORTUNITY
we Do Business In Accordance With the
rental in conjunction with the sale or Federal Fair Housing Law
rental of other dwellings, 'the fair hous-
ing poste1; may be posted and maintained (Title VIII of the Civil Right!! Act ot 10118)
at the model dwellings instead of at each IT IS ILLEGAL
of the individual dwellings. TO DISCRIMINATE AGAINST
<3) With respect to those dwellings
ANY PERSON BECAUSE bF RACE,
to which subparagraph <2) of this para-
graph applies, the fair housing poster COLOR, RELIGION, OR NATIONAL ORIGIN
must be posted at the beginning of con- • In the sale or rental of housing or residen-
struction and maintained throughout tial lots.
the period of construction and sale or • In advertising the sale or rental of hous-
rental. Ing.
•
• •
' '
APPENDIX C
DATE: ______________________
AT
MADE INQUIRY
APPLICATION ACCEPTED
APPLICATIONS WITHDRAWN
AFTER PROCESSING
APPLICATIONS REJECTED
APPENDIX D
.
.
'
... :
..
. ...
•
..
. I
'
'
. .. -
•
' '
- -
If. two or more. single persons are applying for one apartment, please so indicate.
':
'
• u•-
(a) Occupancy
EDWARD R. NEARER
United Staces District Judge
'.! " """\
1
UNITED STATES DISTRICT COURT
2
EASTERN DISTRICT OF NEW YORK
f : (_)
3
--- - - - - ------ - - - X
4
UNITED STATES OF AMERICA
5
- against - 73 c 1529
7 Defendants. :
8 - - - - - - - - - - - - - - - - - - X
9
u. s. Court House
10 Brooklyn, New York
June 10, 1975
11 10:00 A. M.
12
13 B e f o r e :
15 U. S. D. J.
16
17
18
19
20
21
22
BURTON SULZER
23 OFFICIAL COURT REPORTER
24
25
1 2
2
A p p e a r a n c e s :
3 DAVID G. TRAGER, ESQ.,
United States Attorney for the
4 Eastern District of New York
5 By: HENRY BRACHTL, ESQ.,
and
6 MS. DONNA GOLDSTEIN,
Assistant u.s. Attorneys
7
10 Also Present:
11 FRED TRUMP
DONALD TRUMP
12 IRVING ESKANAZI, ESQ.
13
14
15
16
17
18
19
20
21
22
23
24
25
1 3
7 bullet.
12 could you tell Judge Neaher -- you have the final docu-
19 if we could --
20
MS. GOLDSTEIN: If I may, I have to object, your
18 were.
20
gotten to the point where we are like 99.99 per cent
21
finished, and I think unfortunately it is just a
22
question of a little bit of lack of patience such as
24 per cent.
We have a document which is very close to a fin 1
25
5
9 everything else.
20
THE COURT: I don't recall seeing it.
21
MR. COHN: It was sent out to the clerk's office
22 yesterday afternoon.
13 after we reviewed it --
16 Honor?
20 with this.
25
perhaps that will expedite matters.
7
1
MS. GOLDSTEIN: We have
2
THE COURT: I have read your application. I
3
understand your feelings in the matter.
4
MS. GOLDSTEIN: Our concern is as happened many
5
times before that a recitation of the facts that have
6
come heretofore in this case is often not as we have
7
understood them, and only so that the Court may have
8
what we would think would be a better understanding
9 of what has happened in this case, I would state that
10 the memorandum of understanding clearly set out the
11 provisions to be contained in the decree.
12 We believe what was left open was simply to
13 memorialize --
23 memorandum.
25 that --
10
2 of here.
6 Thursday?
14 order?
was not --
19 1
12 like that.
24 to vacancies.
25
These were, previous to coming in today -- all
12
8 supervision.
9 I think we had all agreed that it was unnecessary
20
burdensome so far as the money is concerned, also.
25
tion of the Trump properties. It is an exclusively
14
1
or almost exclusively white project. It is a very
2
desirable project.
3
We have agreed to exclude it from certain pro-
4
visions which would be offensive to the regulations
5
that it was set up under. They have to give certain
6
preferences in tenant selections to veterans and other
7
groups because it is a state Mitchel-Llama project,
8
and they have accepted in the decree provisions that
9
would interfere with that; however, it is a very
10 desirable project.
11
THE COURT: Would there be created some false
12 impression about their availability in the light of the
13 exceptions you have later agreed to?
14 In other words, if, on the one hand, you say
15 I realize this is simply to notify the Open Housing
16 Center that these are available to all qualified persons,
17 and so forth --
18 MS. GOLDSTEIN: No, your Honor, I don't think
19 that would open.
25 are in.
15
16 exist.
24
Village does not subscribe to the same equal opportunity
25
requirements as the rest of the Trump properties, and
16
1 that is misleading.
2 MR. COHN: We are not talking to Judge Neaher's
3 point, which seems to be very cogent.
4 You have agreed to exclude these two from what
5 would be meaningful provisions of the decree that would
6 apply to other buildings because we all recognize that
23
they are excluded?
24
MS. GOLDSTEIN: Third footnote. This provision
1
apartments available to all qualified persons.
2
THE COURT: I did not say they were not. I just
3
said that they are available as hereinafter provided.
4
Do you understand?
5
Then whatever the difference is with respect to
6
Trump or Tysen's will be governed by the more particular
7
provisions hereinafter provided, if that makes the diff-
8
erence.
9
Do you understand?
10 MR. COHN: It seems like a perfect solution.
11 MS. GOLDSTEIN: It appears to me that putting
12 that in would make it appear that Trump Village and
13 Tysen's were not included in the general injunctive
14 provisions which require them to make it available to
15 all -- I may not understand you, but it seems to be
16 a little misleading in terms of
17 THE COURT: Well, in 10, what do you say, you
18 say under 3 --
19 MS. GOLDSTEIN: We don't
20 THE COURT: You say this provision, which is the
to --
20
1
THE COURT: All right. So my point is, as here-
2
inafter provided simply means that if someone goes to
3
Tysen's Village then you turn not to the first sentence,
4
which is the general blanket cosmetic approach, which
5
I am attempting to preserve for you, and at the same
6
time to satisfy these gentlemen that they are not in
7
some way losing the benefit of whatever is provided
8
more specifically in 10 and 12. I don't want to over-
9
bear you on that. I am simply a mediator here attemptin
10
to satisfy both sides because personally I do think it
11 is important that you should not say on page 7 that
12 except for Trump Village and Tysen's Park everything
13 else is available.
1
religion or national origin, as hereinafter provided.
2
THE COURT: May I mark this copy?
3
MS. GOLDSTEIN: Yes, you may, your Honor.
4
THE COURT: The mechanical details should wait.
5
I know they are a problem but I am trying to say to
6
you it might be that the Government, having recognized
7
the special exceptions will apply, it may be realized
8
also in some difference in treatment with respect to
9
record keeping I would expect that to be so, I don't
10
know, and that is what we are talking about here. Do
11
you understand?
12
MR. F. TRUMP: We were thinking they would be
13
excluded because they are under restrictive -- highly
14
restricted now. We don't pick the people.
15
THE COURT: I don't think either from your
16 standpoint, and certainly not from the Government's,
17 that it would look well for you to be attempting
18 let us say -- I don't know much about Tysen's Park,
19 but Trump Village, being a large and prominent --
20 MR. F. TRUMP: How many units in Trump Village,
22 3,000 families.
25 are rental.
22
6 select
7 MR. COHN: What Judge Neaher is saying, nobody
18
MR. COHN: If they are, I assume you are going
19
to retain jurisdiction at the foot of the decree and
20
we will come to you?
THE COURT: If any difficulties come up we will
21
1
discussion.
2
Then they go ahead and put in language saying
3 the Open Housing Center, having received it, may at its
4
own discretion forward copies of the above-mentioned
5
letter and weekly list of vacancies to any and all
6
persons or organizations with an interest in promoting
7 equal housing opportunities.
8 What permeates the whole decree is a limitation
9 as to numbers of groups, of do-good groups which are
10 to be involved in this process, because we all agree,
11 without impugning their motives in any way, it leads
12 to an enormous volume of confusion, of extra work for
22 fusion.
24
get our our experience has been, as I understand,
1
area: The Human Rights Commission is a possible source.
2
Various other groups have housing -- we never
3
sat down and worked out the specific groups. There are
4
other groups similar to the Open Housing Center. Open
5
Housing Center is one operation, has one small office
6 and a very limited staff.
7 If the Open Housing Center initially, because
8 they don't have the resources to have the impact on
9 the community to distribute this literature, does --
10 THE COURT: Are there not certain advertising
11 provisions that do also come into play?
12 MS. GOLDSTEIN: That is correct, your Honor.
25
other advertising provisions and so forth, to eliminate
27
15 significantly_be less.
21
have seen do not have them, which is a problem that I
22
encountered. Your ·Honor put his finger right on it.
14 tion.
13 all.
21 can.
1
likely that you would be advertising for Tysen's, for
2
instance?
3
MR. ESKANAZI: Yes. I think the point is, your
4
Honor, that the premise of this whole hearing supposedly
5
the whole case is based on the fact that the Government
6
is looking to achieve integration in areas where it does
7
not exist.
8
Now, in Tysen's Park it does exist. It is recog-
9 nized and admitted by Miss Goldstein. It is also a
10 unique project in that it is the only one we own that
11 is supervised by the Federal Government.
12 MR. COHN: That is the footnote on page 12.
13 MR. D. TRUMP: This advertising, while it's, you
14 know-- I imagine it's necessary from the Government's
15 standpoint, is a very expensive thing for us. It is
16 really onerous. Each sentence we put in is going to
17 cost us a lot of money over the period we are supposed
18 to do it.
21 uses the figure ten per cent, I can attest to the fact
5 or eight ads.
6 We would have to, after signing this decree, put
•'
7 "equal housing oppor'tuflity" underneath each of our ten
t
8 aqs. They
' ;. ,,. .
.
'
¥j
15 estate industry.
22 displayed.
1 required to do that.
2
MS. GOLDSTEIN: Your Honor, the HUD advertising
3 guidelines, given significant weight by a number of
4 courts in these cases, by practically all courts in
5 these cases, require the use of "equal housing oppor-
6 tunity" and in certain circumstances what is called
7 the equal housing opportunity logos, which is for
8 display ads which the defendants do not use.
9 Papers throughout the country -- if you pick up
10 the Washington Post, if you pick up almost any large
12 is a frequent occurrence.
24 defendants.
13 operation.
18 opportunity --
23
when we leave this she is going to tell us that the
24
Open Housing Center is the most important. Then El
25
Dario and the Amsterdam News and the minority press
41
1 ads saying that a particular apartment or two or three
2 is available. I have always thought of advertising,
3 indeed, it might be said to be something like this, for
4 instance, a long blurb about a whole building advertis-
14
MS. GOLDSTEIN: The defendants' ads are not tiny.
1
MR. D. TRUMP: Will you pay for the expense,
2
Donna?
3
MR. BRACHTL: We have heard much about the expens ,
4
and I was wondering what the number of ads is that ex-
5
ceeds eight lines, what the total advertising budget is
6
and what the cost is of inserting these three words in
7 each ad.
20
MR. BRACHTL: We will take the risk.
21
MR. COHN: If a minority person is looking and
11 about the --
13 the ad? When we talked about the lineage, you were not
23
in a position to say they will be the laughing stock of
the industry.
24
THE COURT: You might be commended.
25
I 44
1
MS. GOLDSTEIN: New York City is a little behind
2
other cities in the use of advertising. I don't believe
3
this will continue for very long.
4
You won't find too many other cities in situation
5
like this. You pick up the Washington Post and it is a
6
common occurrence. It is not -- the other defendants
7
have not been subject to a suit under Title 8.
8
The HUD guidelines are very explicit and it is --
9
this provision is considered to be the most effective,
10
and one of the very most important in a consent decree
11
of this kind.
12 To say that they are going to be the laughing
13 stock I think is simply not the question here before
14 the Court.
15 MR. COHN: Are these other ads all in compliance
16 with HUD regulations which don't have the logo?
17 MS. GOLDSTEIN: Apparently not.
18 MR. COHN: Apparently there is a custom and usage
20 and developer.
12 that.
17
guidelines, there is language in there, and I think the
18
spirit of the HUD guidelines is such where they want to
1
may not, but we will.
2
The HUD guidelines specifically --
3 MR. BRACHTL: That is to be applauded.
4 THE COURT: Not necessarily. That is the whole
5
problem with schools and everything else.
6 MR. ESKANAZI: It can be overdone.
7 MR. BRACHTL: I gather, however, at least the
16 with almost white, the slogan and the logo may be run
23
Rican communities monthly 15-line display ad$, is it
1
what have you, in which this would appear?
2
This might even get Starrett to do it, figuring
3
this is a good --
4
MS. GOLDSTEIN: Trump owns a significant portion
5
of Starrett.
6 MR. D. TRUMP: We are limited partners in that,
7 really nothing to do with it.
21 that on, say, whatever this is, a monthly basis for the
22
next two years you insert some kind of large general
23
ad which included this equal housing opportunity and
1 Honor.
2 How about having them, as we do with the other
3 provisions, advertise equal housing opportunities for
4 properties with say a black percentage occupancy, per-
5 centage of less than 15 per cent?
6 MR. COHN: We might have an answer.
7 THE COURT: Is it possible to do that?
8 MS. GOLDSTEIN: They have to keep records, in any
9 event. They will have the records available --
13 little ad.
25
in, but I think there is something to be said, the
49
9 Honor.
MR. ESKANAZI: Two inches, three inches, four
10
11
inches, and rotate so each time we throw an ad like
19
I would say. I
MS. GOLDSTEIN: May I make one additional point,
20
your Honor? I know we are stretching your patience
21
considerably.
22
THE COURT: I am an exceedingly patient man.
23
I am really interested in trying to work out something
24
here which I think is going to be realistic and not
25
50
15 once a month.
17
THE COURT: Can't we insure that the buildings
24 of one inch.
16 agreement.
20
the defendants had reached a settlement agreement and
21
this provision was included. It is not an unreasonable
22
provision.
I wonder whether there could be this compromise,
23
however, from going to every-day ad to one add once a
24
I 53
1
their buildings.
2
MR. BRACHTL: Perhaps a flat percentage, perhaps
3
50 per cent; in other words, all offerings considered as
4
a unit, the offer of one apartment in one newspaper on
5
one day. If 50 per cent of those offerings are units
6
included with the logo -- not the logo, but the recita-
7
tion of "equal housing opportunities," then -- otherwise
8
what we are describing here is a reduction from daily
9 coverage to twelve times a year, once a month; and,
10 further, to reduce from what appeared to be a fair number
11 of ads each day to just three or four once a month, which
12 means that we will have a reduction in the coverage or
13 the exposure in this advertising program down to about
14 one per cent.
15 THE COURT: Don't you think you get more visibi-
16 lity with a larger ad? That certainly attracts my atten-
17 tion.
1
in a block or individually with this recitation.
2
If they wish to block all of their ads together,
3
if they wish to diminish their advertising from seven
4
days a week to one day a week, whatever their advertisin
5
is, 50 per cent of the units offered, considering a unit,
6
as I say, the offer of an apartment on a day, would have
7
to be associated with either in a block or separately
8
with this recitation of "equal housing opportunities,"
9
unless they cut their advertising costs any way they
10
wish to.
11
MR. D. TRUMP: We have to pay for that extra line.
12 MR. F. TRUMP: Then we are the only ones in there.
13 MR. D. TRUMP: You can't really block them to-
14 gether anyway in most cases because in most cases if you
15 notice it is in the specific borough and location, such
16 as Luna Park, let's say, Forest Hills, they are all in
17 different locations.
18 If we own ten buildings in Brooklyn, they are
19 going to be four or five inches apart, or maybe twelve
20 inches apart, in an entirely different column; in the
21 Luna Park section, the Brighton Beach section.
22 MR. BRACHTL: If that is true, then there will be
23 difficulty conforming to your program.
1
Brooklyn one time, Queens, whatever.
2
MR. D. TRUMP: We are willing to do that.
3
MR. BRACHTL: That means about once a year Brook-
4
lyn, for example, would have three or four apartments
5
advertised with the equal opportunities.
6 MR. COHN: How does this read, with reference to
7
advertising for New York City buildings, the words
8 "equal housing opportunity" and the fair housing logo
9 shall appear in an ad to run once a month, of a minimum
10 of three inches in the New York Times, and specific
11 apartments shall be advertised and the buildings adver-
12 tised shall be rotated on a sectional basis so that all
13 Trump New York City buildings shall be covered in such
14 ads over the course of a year at least once, one or
15 more times?
18 opportunity."
21 of it.
23 housing opportunity."
25 are.
56
1
MS. GOLDSTEIN: I suppose every newspaper is
2
different.
3
MR. F. TRUMP: If you put the logo in it is con-
4
sidered a display ad.
5
We are talking about equal housing opportunity.
6
We were not asked to put a logo in because that is a
7
larger ad.
8
MR. COHN: Then we would agree that the words
9 "shall be prominently placed and easily legible,"
10 meaning the words "equal housing opportunity," shall
11 be -- with reference to advertising for New York City
12 buildings --
13 THE COURT: You would have to modify A
14 MR. COHN: I was going to strike out A from the
15 word "include" down to the fifth line, the word "liter-
16 ature." Then start as follows, "With reference to
17 advertising for Trump New York City buildings," then
18 go back, the words "equal housing opportunity," then
1
prominently placed and easily legible."
2 MR. BRACHTL: What it also does, it deletes
3 "telephone directories, radio, television ••• "
4 MR. ESKANAZI: We don't use that.
5 MR. D. TRUMP: Frankly, you can include that.
6 MR. COHN: You want to include it?
7 MS. GOLDSTEIN: The parties in all their settle-
8 ment talks and agreements heretofore -- this was not
9 envisioned. It renders the provision minute in terms
10 of impact.
11 MR. COHN: You have El Dario, you have the Amster-
14 Housing Centers.
15 MS. GOLDSTEIN: You know, if we are going to
20 basis.
22 gether.
24 have signatures --
MR. F. TRUMP: One more item and we are through
25
58
1
MR. D. TRUMP: You have the whole New York Times,
2
what do you want?
3
MS. GOLDSTEIN: The defendants put their signa-
4
tures to a document which included this provision.
5
MR. COHN: That isn't so.
6
MR. D. TRUMP: I never signed any document.
7
MS. GOLDSTEIN: Mr. Cohn signed it.
8 MR. COHN: You-always push without giving these
9 people a chance to read what they are doing.
10 You want them to know what they are doing and you
11 want them to understand it and they want you to under-
12 stand it. You can't be intelligent about something
13 you don't read.
14 MS. GOLDSTEIN: They enter into contracts daily.
15 THE COURT: My suggestion would be to eliminate
1
and provide what you have here somewhere in the footnote,
2
double asterisk, to take that up and make that all part
3
of B before you come to the next one, which I would make
4
C, dealing with the black papers.
5
That might even say that under B, all advertising
6 I suppose you cover all the New York papers, the Times --
21
MR. COHN: No.
22
THE COURT: Then B --
2 certain size --
3 MR. COHN: Minimum of three inches.
6 12 times a year?
9 basis?
11
MR. D. TRUMP: Will you pay for it?
9 display advertisement.
11 squared-off ads.
13 ad.
15 estate column.
20 ing •.
14 for Sunday.
21 day advertisement.
23
it is twice as much.
21
MR. D. TRUMP: One Sunday a month, Judge.
22
MR. BRACHTL: Not a day for their discretion.
23 to change it all.
25 direction --
65
1
MR. COHN: A is just the way it is.
2
THE COURT: B will begin "shall advertise ••• "
3
MR. COHN: The defendants shall advertise not
4
less than once a month.
5
THE COURT: At least one Sunday in every month or
6
shall -- well, or shall -- insert in a newspaper of
7
general circulation, such as the New York Times -- how
8
about that?
9 MR. ESKANAZI: Fine.
10 MR. COHN: Yes.
11 THE COURT: (Cont'g) -- newspaper of general
15 in a particular section
23 paragraph two.
24
The second full paragraph, beginning "The re-
1
over the standards and qualifications which were in
2
force at the time that this action commenced.
3
MR. COHN: We will give it to them. I don't
4
understand it, but we will give it to them.
5
MS. GOLDSTEIN: Page 13.
6
MR. COHN: They have agreed to our request.
7
THE COURT: What is it on 13?
8
MR. COHN: That is the thing that Mr. Trump was
9 talking about before, the children of the different
10 sexes over ten years old.
11 MR. F. TRUMP: We have two-bedroom apartments,
12 Judge. They are small and built under FHA specifica-
22 220 families.
1
our pattern is --
2
MR. COHN: How would you like to do it, can
3
you tell the Judge?
4
MR. F. TRUMP: We want to follow the same patter
5
that we have. Whatever the vacating family from a two-
6
bedroom has as far as children are concerned, we will
7
put the same exact family in there. We don't want to
8
have two children of opposite sex sleep in a little
9
bedroom where the most you could get in is a double bed
10
You have a girl and boy ten years old. The next year
11
they are eleven and then twelve and they are in a
12 single bedroom. It's bad housing and we have not done
13 it. We would be changing our pattern that we have
22
MR. F. TRUMP: If we have six children and 200
23 families or 150 families, we certainly don't want one
1 the building.
2 They'd bring ten children from around the corner
6 buildings.
16 alternative, though.
20
over four years, Judge, babies, you don't put a ten-
21
year-old boy with a ten-year-old sister.
1
instead of ten-year-old, make it five-year-old and end
2
up doing it that way.
3
MR. COHN: Make it four years old.
4
THE COURT: You don't seem to understand, as
5
your son is pointing out, this is really telling you
6
you can't rent to more than four persons in a two-
7
bedroom apartment. You can't stuff five, six, seven,
8
and you don't have any desire to.
9 MR. COHN: You shall not be required
10 MR. F. TRUMP: Rent to more than two children
11 in a two-bedroom. We want to maintain the pattern
12 that has been set in the building.
13 MR. D. TRUMP: You can do that. You can rent
14 to two adults.
15 THE COURT: It says you shall not be required
16 to rent a two-bedroom apartment to more than four
17 persons, including not more than two adults and includ-
18 ing no more than two children.
19 MR. F. TRUMP: Now we have two persons in a
21 persons.
3 occupancy.
4 THE COURT: Is that something that is a term of
8 Honor.
15 during discovery.
17 section.
19 isk completely.
20
MS. GOLDSTEIN: As long as you agree to five,
9 one note.
13 occupancy.
14
And then an asterisk, and then you can say
16
covery. That's what you want to refer to, is that it?
17
Except that children -- that Where two children
18
are involved of opposite sex, they shall be under five
Judge? It is superfluous.
22
MS. GOLDSTEIN: The one problem which I hesi-
23
tate to bring up is that with respect to occupancy, I
24
don't think the past practices as described during
25
77
1
discovery were at all uniform.
2
The second asterisk about past practices as
3
described during discovery talks about application pro-
4
cedure. That was fairly uniform.
5
THE COURT: The Government's desire is not to
6
stuff more people in a two-bedroom --
7
MS. GOLDSTEIN: As long as it is uniform and
8
objective we don't really care.
9
THE COURT: You want to say for a two-bedroom
10
apartment defendant shall adhere in a uniform manner to
11
its past practices?
12 MR. F. TRUMP: It shall not exceed the vacant
13 occupancy --
14 MR. ESKANAZI: If your past practice was to rent
-
15 to people, you continue to rent to people.
4 list.
17
MS. GOLDSTEIN: We understand that Trump Village
20
buildings.
1
MR. COHN: You don't want to restrict yourself -
2
THE COURT: You don't want to raise problems
3
here.
4 MS. GOLDSTEIN: We are following what we under-
5
stood to be your practices.
6 THE COURT: Trump Village shall be excepted
9 Judge.
17 right now.
19 Judge?
1
the understanding that the signature carries with all
2
the changes we've discussed.
3 I will sign that decree only when I am satisfied
4
that those changes conform.
5 MR. COHN: As to a press release, we wanted no
6 press release. They objected to that. Then we decided
7 in view of the history of this, we suggested a joint
8 press release. They wouldn't go for that. So there
9 is that provision
10 THE COURT: What was done with Lefrak?
15 given
19 (Time noted
20
21
22
23
24
25
IN THE UNITED STATES DISTRICT COURT FOR THE INJ:" Q
lJ, S D! CL£f?K•s 0 .
EASTERN DISTRICT OF NEW YORK
i1"1ME: A.M,
"
1978
t.a.
.lf
)
Plaintiff, )
)
)
CIVIL ACTION NO. 73 C
---·
v. )
) MOTION FOR SUPPLEMENTAL RELIEF
)
TRUMP MANAGEMENT, INC. , )
)
_______________________)
Defendant. )
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... '
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Sincerely,
By:
y L. Handley
torney
Housing and Credit Section
--
IN THE UNITED STATES DISTRICT COURT FOR THE
information:
(a) The nature of the alleged misconduct
by such person;
the incident;
..
IN THE llliiTED STATES DISTRICT COURT FOR THE
attorney;
..
' '
supervised by a master;
the Federal Rules of Civil Procedure, and the motions for con-
tempt and a cease and desist order be in all respects denied;
and
Order.
Respectfully submitted,
AFFIDAVIT
WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
contempt and for a cease and desist order against the United
States.
which he was not present and which did not occur in the manner
of this Court.
- 2 -
plaintiff has propounded brief interrogatories to defendants
plaintiff earlier.
this motion is that Ms. Goldstein used threats and other un-
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6. The most effective means to assure the orderly
here requested.
FRANK E. SCHWELB
Chief, Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
PUBLIC
. ,//17/
My commission .3/,-
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK
AFFIDAVIT
WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
this case.
2. I have read the affidavits of Carol R. Falcone and
at all times.
(b) I never harassed Mr. Miranda, and I never
called upon him "to go against Trump Management" by lying.
On the contrary, I asked him to tell the truth. I did not
a request had been made for the FBI to contact him, but I
told him that I would try and contact the FBI in time to have
the agents cancel their interview with him, since it was now
. to see him again for a short time since there were now a few more
..
- 3 -
I was sorry he felt that way, since it was not intended
to be harassment.
to the records inspection in June 1974. Mr. Cohn was not present
DONNA F. GOLDSTEIN
Att:-orney, RotE ing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
NOTARY PUBLIC
.
My commission expires: J. [/ /
IN THE UNITED STATES DISTRICT COURT FOR THE
AFFIDAVIT
say that:
apartment.
that he was afraid that the Trumps would have him "knocked off",
disclosed.
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persons who had provided information about Trump Management,
Inc. The letter was run off on an MTST machine, and while
ELYSE S. GOLDWEBER
NOTARY PUBLIC
My commission expires:
.,
T. 11/5/73 NOV I
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J./·,·;-1.1.13
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cc: Records
Chrono
'Goldweber
Kosack-Ho1d
Reichard-Hold
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:;r;ction
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hearing on August 16, 1974, the United States has noticed the
thereof; and
mation about these charges and to otherwise prepare for the hearing,
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'Defense counsel Roy Cohn in his affidavit indicated that only some
order to prepare for the hearing and assure that Ms. Goldstein's
Plaintiff contends, however, that the allegations are false and have
- 3 -
With the issue herein being whether either side has used
Freeman, 38 F.R.D. 308 (S.D. N.Y. 1965); see also First Iowa Hvdro
Elec. Coop. v. Iowa-Illinois Gas and Elec. Co., 245 F. 2d 613 (8th
JAMES PORTER
Assistant U.S. Attorney
Chief, Civil Division
APPENDIX A
the follovring:
{a) :C,rcd 'l'ru:np and Donald 'l'rurrrp to be dismissed as I
I
d(;:fendnnts on tho grounds that a against Tru_,'ilp t-"lanager,1cnt 1 I
Inc. binds them as officers, aiJents, etc. under Rule 65, P.i:L Civ.P., i
I
dnd that it t..rould t..1.erefore bo superfluous to retn.in them as nr:.:.r::<;;'d I
i
defendants. La.nguage of certain provisions amended accordin,;rly. ' ',
1\.ttacluncnt B hereto.
l
(d) Procedural history page 2 to be eliminated.
(e) Equal in advertising (P. 11) to
be eliminated as to ilds cf five lines or less. Defendants' advertisin 1
leasing agents, rental agents, and those in the central office who
review·.· applications for tenancy, credit references or othenvisc
participate in the rental process.
(n) Provision explaining that standards for rental are
I
subject to appropriate mo(:L{cation upon ruling of Boyd v.
shall so inform the Court. T!le parties shall then seek the assistanc
/.
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l/1 '-r/1);! I
V 1.
v
2
lr. 1 vt.j
Donald-· 'i1 rump Donna Goldstein
P. Goldberg
IN THE UNITED STATES DISTRICT COURT FOR THE
INJUNCTION
national origin.
limitation or discrimination.
''
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national origin.
ing Act.
II
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i
.l. .. ·-.-·¥·"·---: :i ...
...
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It is now, however, the stated policy of the defendants to
···,- "
Rptr. para. 13,650 (E.D. N.Y. April 15, 1974). That case
- 5 -
involves issues regarding the obligation of
WIFE'S INCOME
·- 6 -
..
in active concert or participation with them or with any
rental units in the New York area and elsewhere, and its
shall forthwith
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shall include:
the employee.
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(2) Informing each such agent and employee,
"''-· .. , ·..,· .• such agent that he has read the letter men-
to plaintiff.
.
been so instructed and will comply with such instructions
III
· ..
AFFIRMATIVE PROGRAM
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1. .
Notify the following groups in the New York
·· ,<, ·'···· ' Included in such letter ·shall be a full synopsis of the
b. "
c. "
Subsequently, defendants shall mail to each of the organi-
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·kl
and Urban De·: (F''J) in all offices of the defen-
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that display in
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the black or Puerto Rican press, together
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. i
. '. . ··.-- ........
't'."-:· •.
B. Program of Providing Listings for Xinoritv
Seekers
During this three day period the Open Housing Center shall
C. Affirmative Program
qualified arise.
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Pursuant to this program, the defendants shall
.....
.
able jobs the slogan "Equal Opportunity Employer. "
!:!:_/
3. Display an equal employment opportunity poster
"1 ' ..
Notify in writing, each labor union whose mem-
IV
• ·-- ' 1.. .. 0.....1
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_____.,____ ... ;r
housing at each building m\rned or managed by defendants
A. Standards
(1) Incooe
!:_I
One week's gross salary from all sources must be
(2) Occupancy
current standards.)
!:::.1
B. Procedures
1. Application Procedure
1968, 42 u.s.c.
--
3601 et :::ea. Applications shall be
- 15 .:
b. The or rental agent shall revi2w
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days. This list, shall include the type of apartment,
v
REPORTING REQUIREHENTS
per year the defendants shall file with the Court and
serve on counsel
. tor niaintitr
' a r20ort
1. Arovle Hall
2. Westminster Hall
3. Fountainbleu Apartments
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4. Lawrence Gard2ns and Lawrence Towers
6o Beachhaven Apartm2nts
7. Shorehaven Apartments
8. Belcrest Apartments
9. Highlander Hall
(Norfolk, Virginia)
=.t
a. The number of persons, by race, making inquiry
1. made inquiry;
·. j !/ As visually observable.
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.
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4. submitted an applicant with deposit;
.). ior
6. were rejected;
7. withdrew applications;
plication:
2. cot2 o£ application;
of apartment sought;
or dispo3itian O?plication.
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t
1_,__.,_,._._,._,______. _:___ . ., .· -· . . • .......... :" ..... -.. '
!:_/
the market and the date each apartment was r2nted or
fer rental.
of each advertisement.
..
!:_/Includin2; where appropriate, the date the Open Housing
Center was contacted the apartments' avail-
ability in accordance with Part II above.
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sign such a statement the shall
in relation thereto.
VI
RECORDKEEPING PROVISIONS
.
IT IS FURTHER ORDERED that the defendant shall for
whether:
.
inquiry and application and the reasons for such action .
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. ....-.,..'
4. All records which are the source of, or contain
such recordso
VII
VIII
EDI-JARD
United States District Judge
-f
The undersigned apply for and
consent to the entry of this
Order:
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INJUNCTiON II
!
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It is hereby ORDERED, ADJUDGED AND DECREED that the defendantp,
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,e,
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II
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recordso
Susan Ber:1stein
Beverly Best
Kalman Biczo
Saul Blate
Mae Brmm
'Haxi ne Brm-1n
'
Ronald and Agnes Bunn
' '
Stephanie Bush
million counterclaimo
James Chestnut
authenticate, if necessary,certain
record:>o
·Peter Connan
Terrence Cox
David DeReinzus
Henrietta Davis
Jack Fogler
Edtvardo Ga ldames
Annette Gandy
11onique Golden
Allan Gross
Charles Hall
I
Lorraine Haynes
!1
i Rick a:1d Gemma Helms
Donald Hcrmaa
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'''
\
•'' Betty Hoeber
Godfrey JCJ.cobs
Pritthinella Johnson
Phyllis Kirschenbaum
to authenticity of reproduction of
those pages)
Carl Nickelson
Dorothy Orr
Huriel Salzman
Ruth S2.rver
Michael Scott
Huriel Silberberg
Pfiyllis Spiro •
Ralph Stein
Respectfully submitted,
FRANK E. SCir..JELB
NOm:At; P. GOLDDE:::G
Dm:?:A GOLDSTED!
1 Attorneys, Housing Section
.1
l Civil Rights Division
1
Washington, Do C. 20530
...
CERTIFICATE OF SERVICE
.
Roy M. Cohn, Esquire
Saxe, Bacon, Bolan & Manley
39 Eo. 68th StreAt
NeH York, York 10021
NORMAN P. GOLDBERG
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, Do Co 20530
....
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APPENDIX B
dwellings were not available for inspection and rental when such
3604(d).
Stripped to its essentials, the claim of the United
for assuring that their employees will comply with the Act
of a consent decree.
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I
INJUNCTION
It is hereby ORDERED, ADJUDGED AND DECREED that the
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\1... ,,.._""';""n----•-•-.
_ ....IIM!'tt•--i"""'_ _ _ _ """"""""!'..
!\'-_.,..,._ __,.........,.,.
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.,..... '* *'*9'4?!.1'fiihilP,+;:f9*"' 4 a 4 ................
6. Coercing, threatening, or interfering with, or
.
or the effect of denying or abridging the right to equal housing
II
ASSUMPTION OF RESPONSIBILITY BY
PRINCIPALS OF TRUMP MANAGEMENT
INC. , AND TRAINING PROGRAM FOR
AGENTS AND EMPLOYEES
Trump Management Inc., controls thousands of rental
units in the New York area and elsewhere, and its activities
not only of its own agents and employees but also of many others.
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well as from deliberate discrimination. The principal officers
carried out.
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; -----------
complete an educational program for all employees with rental
.
or. employment responsibilities, who have contact with pro-
!
its agents and employees under the various
l - 6 -
.u:.m.e,,;u e :-.e
t u;w 4P&;; ucl(u. e: .:ca, """ ;;; a 4, '''Ill!. zl.J# .. *"fDA'*'*·'·P¥'4·.J¥OS
Each new agent and employee shall be instructed in
upon execution. I
III
AFFIRMATIVE PROGRAM
b. II
II
c.
and the fair housing logo. These words and the logo
- 8 -
shall be prominently placed and easily
I
,1
together with the allocation of 10% of defendant's
Housing Center of the New York Urban League, 150 Fifth Avenue,
open market.
**I The three day period shall begin when notification has been
completed and tl:e Open·Housing Center has received, either in
person or by mail, the listings. For purposes of this Decree
rental on the open market shall mean rental to any person not
referred by the Open Housing Center.
10 -
-- 0
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' 1
4. Notify in writing, each labor union representing
IV
A. Standards
1. Income
One week's gross salary from all sources*/ must be
2. Occupancy
j.
standards.
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'
-·· -········· -··· .... . - •··· --······"· ... ··---.-- ..... ,.. . ,.,_..,,., ..... ,.--...-.-. ___ ................. ....
3. Other Objective Standards
to the Court within thirty (30) days of the entry of this Order.
B. Procedures
1. Application Procedure
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applicant.
c. Applications shall be reviewed and a determination
at 2611 West 2nd Street, Brooklyn, New York and 2064 Cropsey
Ij
Avenue, Brooklyn, New York, and at Highlander Hall, Edgerton
Hall, Patio Gardens and Lawrence Gardens, a Central Listing, to
be compiled on a weekly basis, of each currently vacant or
.
available apartment in the New York area, and of each apartment
the next thirty days. This list, shall include the type of
I'
apartment, the number of rooms, the monthly rent, and the date
..
'
b. Apartments which are available for rental and listed
defendant.
c. Inquirers shall be uniformly informed of the quali-
v
' REPORTING REQUIREMENTS
for three years the defendant shall file with the Court and
1. Argyle Hall
2. Westminster Hall
3. Fontainebleau Apartments
6. Beachaven Apartments
I - 15 -
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7. Shorehaven Apartments
8. Belcrest Apartments
9. Highlander Hall
that:
1. made inquiry;
2. were offered an
3. filled out an application;
6. were rejected;
7. withdrew applications;
reporting period.
As visually observable.
j - :f:-6 -
2. date of application;
or disposition of application.
supporting information.
for rental.
Decree.
in relation thereto.
VI
years following the entry of this Decree, make and preserve the
by them:
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l
time of contact of each person inquiring in person about the
l - 18 -
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applicant and the name of the employee who took such steps
VII
It is further ORDERED that for a period extending three
I - 19 -
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r
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VIII
It is further ORDERED for a period of three years
'
)-
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By consent of the parties, with the understanding that
ORDERED that Fred C. Trump and Donald Trump are hereby dismissed
action.
all purposes.
EDWARD NEAHER
United States District Judge
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. ·-- APPENDIX
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was not done at the direct1on of the individual defendants or
the officers of Trump Management, Inc.
Accordingly, without adjudication of the merits and with-
,,
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II
il
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II
I,,,
I!
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• ,. ... • ••• l •
OF BY PRINCIPALS
AND TRAINING
II
employees but also of many others. The Fair Housing Act pro-
hibits conduct which is discriminatory in its effect, regard-
'
'
and lack of information, as well as from
deliberate discrimination.
Accordingly, it is· OlWf:Rf:D as follows:
A. The officers of Trump Mnna;:;cmen.t, Inc. sh:1ll
forthwith:
.. ·, . .,. . • ,,;.,.. J • • .
'·
Jl
II
II
I
IV
AFFIRMATIVE PROGRAM
,.
d r'
..
\I
l n o 1· d c r
T TG01 OF OBJECTIVE RE:JTAL
STANITAlHT:.s-i\0J lJ
to a::.; s u r e non d i s c r i
1' ROC E DU RES
,,
II
II
.,
A. Standard:,
1. I llCOJll(' '},
-1-
!jI,
..
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f,
twcn ty ( 2 0) bus inc s s Jays \\he the r or not he or she has been
accepted for tenancy. If rejected, the applicant shall be
I
,I
objective standard which he has failed to meet.
2. Providing Rental Informntion to
!:J.? t Sc cr ------·
VI
REQUIREMENTS
1. Argyle Ilall
2• Westminster Hall
3. Fontainbl9au Apartments
4. Lawrence Gardens anJ Lawrence Towers
5. S c a I s 1 e /\ p :1 r t mc n t .s
.,, q.
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A \. •. • ,.
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.or disposition of application.
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'·
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-VI I
VIII
. .
It is further ORDERED that for a period extending
two (2) years from the entry of this Decree, the defendant
shall, at least twenty (20) days prior to the event, report
to counsel for the plaintiff:
1. Any new ownership or management interests
in residential property in the New York area acquired by the
il
defenJant.
··i1- l;
IX
EDWARD NEAI-IER
United States District Judge
I
!!
-12-
APPENDIX D
• I'Y'' -
T.
.JSP:fES:NPG:mp
D..l 175-52-28
Records
Chrono
Mr. Schwelb
Mr. Golrlbcrg
- 2 -
The se'=!ond sentence of quoted pass.:1ge makes it
crysta.l clear that th.ore nre to be !!£ changes in the
decree att:1ehed to the ?1cmor.andl.!!ll except those
epecif!cally set forth i.n the Ucmorandum. As one who
represents his clients with oufficient zeal to suit
most. you my un\villingness to
renegotiate ""hat we ill ready negotiated, or to have
a ner;otiated settlement pic:k.cd apart once tb.e pressure
of imminent: trial is off.
o. I. The prohibitory
injuncti.on is pi?.rmanent. After three years,
we have no objection to a clause enabling
defendants t:o move for a dissolution of
the provisions of the
decree, subject to good cause objections
by plaintiff.
.. 6 ...
.. 7 ..
All in I to s.::.y I don't know tvhether
to b·e or surrx e.t t.:he way tLut you are
making a careor of thi.s. Then ag:1in, I sttppose
you a.lr11ays ne::;d rr.atm:·ial for .'l lwok. I lil<c
to thfnk that I'll get a copy of the
ne}•.t ono too. and good if I am
with the Civil Rights Divisio\1. .•
Sineerelyt
J. STAt:U..EY P01"TIHGER
Assistant Attorney General
C:i.vil Rights Division
Ry:
FRAUK E. SCHHELB
Chief
Housing Section
'•
APPENDIX E
I.
i
Management, Inc.
1
Accordingly, without adjudication of the merit and
for assuring that their emp.loyees will comply with the Act and
Consent Order.
I.
' It is hereby ORDERED, ADJUDGED and DECREED that in
consideration of their affirmative assumption of responsibility
contained in part III herein, the complaint against Fred C.
contained therein.
II.
INJUNCTION
/ I
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'fact so available.
.
account of race, color, religion, sex or national origin •
. - -
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III
ASSUMPTION OF RESPONSIBILITY BY
PRINCIPALS OF TRlJMP MANAGEMEt-.rt
INC., AND TRAINING PROGRAM FOR
AGENTS AND EMPLOYEES
Trump Management Inc., controls many thousands of rental
units in the New York area and elsewhere, and its activities
not only of its own agents and employees but also of many others.
I
advantage of that opportunity.
I
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the defendant under the Fair Housing Act of 1968,
1
are engaged in any manner in the employment process, to inform
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! them of the provisions of this Decree, and their duties under
I
!. the Fair Housing Act of 1968·. Such program shall include:
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employee.
of this Order.
upon execution.
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IV
AFFIRNATIVE PROGRAM
and for a period of two (2) years following the entry of this
Urban League, 150 Fifth Avenue, New York, New York, in writing,
- 7 -
l-<.ol'C,.,J.
. '•
a. .
Include, in all adverti.sing in news-
- 8 -
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'•
minority
-9-
•
'•
··shall notify the Open Housing Center of the New York Urban
_________ .. __ 150 Fifth Avenue, Ne\.;r York, Ne\\r York, 10003, of every
C. Affirmative Program
10 -
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•
. ._
___ ar1.se *I
Pursuant to this program, the defendant shall take
- 11 -
-··
•
'•
v
IMPLEHENTATION OF OBJECTIVE RENTAL
STANDARDS AND PROCEDURES
A. Standards
1. Income
' .
i
One week's gross income from all sources"!;_/ must
circumstances:
- 12 -
/
/
.. f
¥:. '}""?
' ..
(b) The family coli'lposition is in excess of
income standardso
2. Occupancy
Not more than two (2) persons in a one-bedroom
apartment. Not more than four (4) persons, two (2) adults
apartment.
B. Procedures
1. Application Procedure ..
,( I
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· a. Applications for tenancy will be received at the
and disorderly;
or rental agent;
or there is;
criteria.
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failed to meet.
•
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15
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2. Providing Rental Information to Apartment
Seekers
at 2611 West 2nd Street, Brooklyn, New York and 2064 Cropsey
.
to be vacant or available in the New York area within the next
the number of roorns, the monthly rent, and the date of avail-
defendant.
.
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VI
REPORTING REQUIREMENTS
.
. ORDERED that three (3) months after the
It is further
for two years the defendant shall file with the Court and
1. Argyle Hall I
t
I
2. Westminster Hall !
3. Fontainebleau Apartments
I
'
4. Lawrence Gardens and Lawrence Towers
6. R:achaven Apartments
. l -·-----·
7. Shorehaven Apartments
8. Belcrest Apartments
9. Highlander Hall
i
12. Edgerton Apartments
i
I· 13. Winston Hall '·- --·--··
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1. made inquiry;
6. were rejected;
7. -withdrew applications;
reporting period.
2. date of application;
of apartment sought;
...,
- 18 -
•
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or disposition of application.
supporting information.
including the date the apartment "1as placed on the market :_/
for rental.
this Decree.
.
*T Including where appropriate, the date the Open Housing
Center was contacted concerning the apartment's availability
in accordance with Part III above.
- 19 -
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advertisement.
relation
VII
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IT IS FURTHER ORDERED that the defendant shall,for two
years following the entry of this Decree, make and preserve the
'
by them:
A. he was an application;
.. 20 -
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VIII ----·-·.-1
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years from the entry of this Decree, the defepdant shall, at
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least twenty (20) days prior to the event, report to
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for the plaintiff:
1. Any
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residential property, acquired by the defendant.
. I
2. The divestment through transfer ot:i' sale·,· -of any
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JJ{ I
It is further ORDERED that for a period of two _years
! .
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_______ , ___
after the entry of this Decree the defendant shall _
advise
f
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ED'i.JARD NEAI-IER
United States District Judge
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1-IENRY BRACHTL
Assistant U.S. Attorney
Eastern District of New York
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APPENDIX A
37 F.R. 3429
Feb. 16, 1972
ij4ules and Regulations
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3429 a
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3430
§ 110.5 D('finitions. (b) This part shall not require po!tlng o In the financing or housing.
(a) "Department'' means the Depart- and maintaining a !e.ir houslni poater; o In the provillon ot real estate brokert.i•
services.
ment of Housing and Urban Develop- <D On vacant Janel, or o Blockbusting Is alao Illegal.
ment. <U> At any single-family dwelling, un-
less such dv:cllinr, Anyone who feels he hM been discl1m!nated
<b> "Discriminatory housing practice''
means an act that is unlawful under sec- <a) Is being offered for sale or rental aga.lnst should send a complaint to:
tion 804, 805, or 806 of title VIII. in conjunction w1th the sale or rentAl U.S. Department of Housing and Urban
(C) "Dwelling" means any building, of other dwellings In which circum- velopment. Assistant Secretary !or Equal
stancE's a fair housing poster shall be Opportunity, Washington. D.C. 204!0
structure, or portion thereof which is or
occupied as, or de:sirmed or intended for posted nnd maintained as specified in
occupancy a:;, a residence by one or more paragra;:Jh <a> 12> <ii> o! this section, or HUD Region or
<b> Is being of!ered for sale or rentr.l (Aree. omce stamp]
families, and any vacant land which is
offered for sale or lease for.the construc- through a real estate broker, agent, lb) The Assistant Secretary for Equal
tion or location thereon of any such man, or person in the busmess o! Opp<irtunity may grant a waiver t:JCrrr.H·
building, structure, or portion thereof. or renting dwellin;;s in which cir:::um- Ling the substitution of a poster p:-e-
t. stances a fair housing poster shall be scr1bed by a Federal Hnancial re;:;ulato:y
<d> ":f'amily" includes a single Individ-
ual. 'posted and rnaintained as specll'l«i in agency for the iair housing poster de-
<e> "Person" includes one or more in- paragraph <al <ll of thls section, scribed in r.aragraph (a l of this section.
dividuals, corporations. partnerships, as- <c> All persons subject to section 805 While such waiver remains in e:'rect.
sociations, labor'organizations. legal rep- of the Act, Discrimination in the Financ- compliance with the posting require-
resentatives, mutual companies, joint- ing- of Housing, shall post and maintain ments of such regulatory ar;e!1cy .shall be
stock companies, trusts, unincorporated a fair housing poster nt all their places deemed compliance with the postu:.g re-
organizations, trustees, trustees in bank- of which participate in the QUirements of this part. Such waiver shall
ruptcy, receivers and fiducialics. financing of housing. not -affect the applicability of all other
(f) "Secretary" means the Secretary ( d> All persons subject to section 806 provisions of this part.
of Housing and Urban Development. of the Act, Discrimination in the Provi-
(g) ''Fair housing poster" means the sion of Brokerage Services, shall post Subpart C-Enforcement
poster prescribed by the Secretary for and maintain a tair housing poster at all § 110.30 Effeet o£ fuilure to di,pLty
display by persons subject to sections their places of business. pm•ter.
I I 804-806 of the Civil Rights· Act of 1968. § 110.15 Location of po,tet·"· Any person who claims to have been
<h> "The Act" means title VIII of the
Civil Rights Act of 1968, 42 U.S.C. 3601 All fair housing posters shall be proml- injured by a discriminatory hou.sir.g
et seq. di:pl!lyed so as to be readily !!.P- practice m:ty file a complaint v.ith the
<D "Person in the business of selling parent to all persons seeking housing Secret,ary pursuant to Part J 05 of t!us
or renting dwellings" means a person as accommodations or financial assistance ch'lpter. A failure to display the fair
defined in section 803 ( c > of the Act. or brokerage services in connection housing poster as reqUired by this part
therev.-ith as contemplated by sections shall be deemed prima facie evider.ce of
Subpart !!-Requirements for Display 804-806 of the Act. a discriminatory housing practice.
of Posters § 110.20 of Effective date. This part shall be ef ·
§ 110.10 <uhj<'rt. fective February 25, 1972. except for
All persons subject to this part may § llO.lO<c> which shall be effective
<a> Except to extent that para- obtain fair housing posters from the De- May 1, 1972.
( b l of this section applies, all per- partment's regional and area ol'nces. A
·sons subject to section 804 of the Act. facsimile may be used if the poster and SAMUEL J. SIMMONS,
Discrimination in the Sale or Rental of the lettering are equivalent in size and Assistant Secretary
Housing, shall post and maintain a fair legibility to the poster available from the lor Equal Opportunitv.
housing poster as follows: Department. IFR Doc:.72 2262 Filed 2-15-72;8:45 ami
<1) With respe;;t to a single-family
§ 110.2:> of
dwelling (not being offered for sale or
rental in conjunction with the sale or <a) The fair housing poster shall be
rental of other dwellings) offered for sale 11 inches by 14 Inches a..11d shall bear
or throu!!h a real estate broker, the following legend:
agent. salesm'ln. or person in the business
of selling or renting dwellings. such per-
son shall post and maintain a fair hous-
ing poster at nny place of business where
the dwelling is offered for sale or rental.
<2> With respect to all other dwellings
covered by the Act:
<I> A fair housing poster shall be
posted and maintained at any place of
business where the dwelling is offered for
sale or rental. and
(ij) A fair housing poster shall be
posted and maintained at the dwelling,
EGUAL tHJUSiiJG
except that with respect to a single-
family dwelling being offered for sale or We Do In Accordance With the
rental In conjunction with the sale or Federal 1-'alr Housing Lo.w
rental of other dwellings, the fair hous-
ing poster may be po:"tcd and maintained (Title VIt.I or the Clvll Rights Act of lllee)
at t11C model dwelllll;·.s mstead oi at e:tch IT lS ILLEGAL
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of the individual dwcllinr;s. TO DISCRIMINATE AGAINST
.,} <3) With respect to dwellings
ANY PERSON BECJI.uSE OP' RACE,
to which subparagraph t2l of this para-
Rraph applies, the f:tir housmg poster COLOR. RELIGION, OR NATIONAL ORIGIN
must be posted at the beginning of con- • In the saie or rentr.l r:>t h0uslng or reslden-
struction and maintained throughout tlnl lots.
the period of construction and sale or • In the sale or rental o! hous•
rental. tng.
6701
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2. Guidelines. tor use of human model.!. Equal Housing Opportunity logotype.
Human moc\elo !n photographs, drawln.gs, or
other graphic t.c<:hn.\ques may be used to
indicate racial Inclusiveness. If models are
used In display advertising ca.mpa.Jgns, the l
models should be dctlnaole as reason· I
repr%enilng both majority and mmorlty I
groups In the metropolitan area. Models. If
used, should indicate to the generul public
that the housing is open to all without re-
gard to ra.:e, color, religion, or national
origin, and Is not for the exclusive use o! one
such group.
3. Oui<felines for notification of Fair
Houstng Policy. (a) All publishers EQUAl L'""l'
riU
O! adVE'rtislng agencieS, and
firms cngUged in the sale or rent-al of rea.!
estate should provide a printed copy ot their
OPPORTU?JiTY
nondiscriminatory policy to each employee Equal Housing Opportunity statement:
a.nd officer. We are pledged to the letter a.n<l spirit o!
U.S. pollcy !or the achievement of equal
housing opportunity throughout the Nation.
(b) caents. All publishers Of advertise- We encourage and support an aillrrnattve
ments .and p.dvertislng agencies should post a.dvert!slng and mar1-;etlng program lz;. which
a oopy ot their nondiscrlmtrul.tlon policy 1n a.. there are no barriers to obtnlnlng ho1.1Slng
oonspl.cuous place wherever persons oome to because of race, color, religion or :natlona.l
place advertising and should nave copies origin.
avaUa.ble for n.ll fl.rms a.nd persons using Equal Housing Opportun!ty slogan:
their advertising senices. ''Equnl Housing Opportunity."
(e)· Publisher's notice. All put-Ushers are
enoouraged to publish a.t the beginning o! TABLE III-ILLUSTRATION Oli' PUBLISHER'S
the real advertising 5ection a notice NOTICE
such as that appearing 1n T:1ble 3 (see Publ!.sber's notice:
appendix). All real estate advertl.sed lu this news?aper
Effective date. This statement of policy ta subject to the Federal Fair Housing Act o!
1968 which makes It Ulebl).l to advertise "any
shall be effective May 1, 1972. preference, limitation, or d!scrtm1natlon
SAMUEL J. SIMMONS, based on race, color, religion, or national
Assistant Secretary origin, or an Intention to make any
lor Equal Opportunity, preference, limitation, or discr 1m1nat!on.
This newspaper will not knowingly !'.CCept
any advertising tor real estate which !.s In
violation ot the law. Our readers are hereby
ln!onned that all dwclllnr;s advertised In
new5paper are available on an equ...1
opportunity bo..sls.
(F.R Doc.72-4983 FUed 3-31-72;6:45 e.. 1)
t:PO 930·389
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APPENDIX t
• DATE: _ __
AT
MADE INQUIRY
APPLICATIONS WITHDRAWN
BEFORE PROCESSING
APPLICATION ACCEPTED
.
APPLICATIONS WITHDRAWN
AFTER PROCESSING
APPLICATIONS REJECTED
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APPENDIX D _
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APPLICATIONS FOR TENANCY
AT APARTHENTS
* DATE OF
DATEAPPLI-
s
SIZE, TYPE OF
APT. DESIRED MONTHLY DESIRED
DEPOSIT
REC'D
IF
REJECTED IF
REASON ' ACCEPTED,
II C:A:·:E OF
E>!?LOYF.E
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HC:·ffi .&
BUSit-."ESS
PHONES
OF APPLICA- WEEKLY
INQUIRY TION INCOHE
(Brs., Fur-
nished)
RENTAL
R.A.TE
DATE OF
OCCUPANCY
AND
DATE·
AND Dl\TE DATE
·NOTIFIED NOTIFIED
l ACT
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--or mo;t"e· single
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persons are applying for one apartr.1ent, please so indicate •
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DOCKET ---------------------
TITLE OF CASE ATTORNEYS
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1 YoY'l,-c. N.Y. J J ____ _
BASIS OF ACTIO_N_:_ _ __U_-_S"'_l:_:G_-_:'"__c T_0_._E_l9G8 ,' --·-·
SEEKS: An
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JURY TRIAL CLAIMED !I______________
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ON
DATE PLAINTIFF'S ACCOUNT I, RECEIVED I DISBURSED :: DATE DEFENDANT'S ACCOUNT
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ABSTRACT OF COSTS i
I RECEIPTS, REMARKS. ETC.
TO WHOM DUE AMOUNT II
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73 c 1529
CIVIL oocKET U.S • A • VS • FRED C • TRUMP, et al
CLERK'S FEES AMOUNT
DATE FILINGs-PROCEEDINGS r-----r------1
PLAINTIF'F' DEFENDANT RETURNS
interrogatories filed. I _ I 23
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3/19/74 Notice to take deposition upon oral examinati9n 24 I I r---_
3l 19.'74
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to take deposition upon oral examination I
filedL_25 ' I t-+'
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3/19/74 Notice to take deposition upon oral !
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D. C. 110
REGISTERED MAIL
HENRY A. BRACIITL
Assistant u. s. Attorney
Copy:
Hon. Vincent Catoggio
United States Magistrate
Uni·ted States Courthouse
225 Cadman Plaza Eas·t
Brooklyn, New York 11201
OCTOBER 24, 1974
B e f o r e:
NEAHER, .J. AT 10:00 A.M.
CIVIL MOTION
APPEARANCES:
DAVID G. TRAGER, U.S. ATTY.
BY: H.A. BRACHTL, AUSA.
FOR DEFTS
', . .. . '
AFFIDAVIT
WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
DONNA F. GOLDSTEIN, being duly sworn, deposes and
says:
1. I am an attorney in the Civil Rights Division of
the Department of Justice and one of the counsel for the
United States in the above-styled action. I am a member of
the bar of the State of Pennsylvania. I make this affidavit
in response to defendants' motion and supporting papers which
accuse me of threatening prospective witnesses and of other
this case.
2. I have read the affidavits of Carol R. Falcone and
at all times.
(b) I never harassed Mr. Miranda, and I never
called upon him "to go against Trump Management" by lying.
On the contrary, I asked him to tell the truth. I did not
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a request had been made for the FBI to contact him, but I
told him that I would try and contact the FBI in time to have
the agents cancel their interview with him, since it was now
to see him again for a short time since there were now a few more
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to the records inspection in June 1974. Mr. Cohn was not present
DONNA F. GOLDSTEIN
Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
NOTARY PUBLIC
5/ /f/ l
My commission /
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AFFIDAVIT
say that:
apartment.
that he was afraid that the Trumps would have him "knocked off",
disclosed.
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persons who had provided information about Trump Management,
Inc. The letter was run off on an MTST machine, and while
My commission expires:
EVELYN SOMMER
·Notery l'ublic, Shte of '4ew York
1 No. 24·•501 I 58 /
in IC1qs County "
Commi$sion Fxp;re$ March 30, 19 7J
T. 11/5/73 ,\,in. I t,\i r-- ., ..·
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t::1<!::•, J-'OU i.!.1V•:: .:1 rh::.t ,;,o :;o. If von :lo not t\'ish t,:;)
tal 1f...-· to th;:-.···· "' .,..1(·1--
, , .... • I you· '·1;-:lV t..:- ..,;:t .... •• .,..
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cc: Records
Chrono
· Goldr..reber
Kosack-Ho1d
Reichard-Hold
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!inl_;·'JLV) :;r;c tion
IN THE UNITED STATES DISTRICT COURT FOR THE
AFFIDAVIT
WASHINGTON )
) ss
DISTRICT OF COLUMBIA )
contempt and for a cease and desist order against the United
States.
which he was not present and which did not occur in the manner
of this Court.
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plaintiff earlier.
this motion is that Ms. Goldstein used threats and other un-
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6. The most effective means to assure the orderly
here requested.
FRANK E. SCHWELB
Chief, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
NOTARY PUBLIC
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JDP:HAB:sm
F.#730959
BY H.Al'JD
June 14, 1974
Copy to:
The Honorable Edward R. Neaher
United States District Judge
United States Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201
(BY HAND)
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.·¢tkee( f!jjacon/, &c i lc
39 EAST 68T"' STREET t:J'
NEW YORK, NEW YORK 10021
DANIEL J. OFUSCOLL
HAROLD SCHWARTZ
MELVYN RUBIN
JEFFREY A. SHUMAN
LORIN OUCKMAN
BY HAND
I ·am in receipt of your letter. dated today "\>lhich v-ms ·wa5. t-.
ing .for me at my office upon my return from the· Cohen v.
Cohen trial this afternoon at 5:00 p.m.
We :stand ready to let you begin inspecting and copying records
in U.S.'A.: v. Trump tomorrow. morning, June 14, as per. my
ment with Miss Goldstein reached over the telephone on
day. While I regret the misunderstanding that led to yoUl:::
descending upon· the Trump officef:: with five stormt:roopers
Wednesday morning banging on the doors and demanding to be
allowed to swarin haphazardly through all of the· .Trump files
and to totally disrupt their da:tly business routine, I do not:.
feel that there is any point is carrying the a:rgillnent any
ther. I would assume that your objective is the same a.s ours
in this matter, namely, proceeding orderly with pre--trial dir:.:':""
covery so as to enable both sides to con·tinue preparing for
a fair trial in this Toward that; end, we look for-
ward to with you Friday at our offices ..
function at all with all of its current leases and files out of
its offices, we will have to work out a schedule whereby as soon
as you have completed inspecting and copying this very substa.n-
tial amount of material that this material will be returned to
the Trump office·and.additional material will be sent to our
offices for your inspection. ·
With regard to the depositions of further Trump personnel ten-
atively scheduled to begin on June.l8, I already have advised
the Government that this date is impossible as both Mr .. Cohn
and myself.will still be on trial before Justice.Gomez in the
Supreme Court of the State of New York in Cohen v. Cohen and
Judge Gomez absolutely refuses to hear any application for
even a half-day ·,adjournment in that case. I will supply you
with alternate dates as quickly as possible and I am sure we
can come to an agreeable solution which will neither delay
the matter unnecessarily for.you nor prejudice the rights of
the defendants by denying them the right to counsel in these
proceedings. I would respectfully suggest that is completely
unfair on your part to set forth ultimatums in the way of
3:00 deadlines to respond or else in view of the fact that
you are completely aware of both Mr. Cohn and myself being
on trial before Judge Gomez from 9:00 to 4:30 dailyp we·
are completely ready to cooperate in discovery;. all \lle re-
quire is a little time in which to assemble matter in view
of our extremely heavy present schedule.
Finally, I sincerely wish that at least from this point
ward, that we could attempt t.o cooperate better in all of
these matters. If your goal is to expedite discovery and
prepare for a fair trial for both sides as is ours, I think
that this end would be better. se;:ved by coopera:U.on and ob-
servation of the basic courtesies normally·extend.ed between
private counsel in litigation instead of continual threats
by. the Government and its treating the rules of civil pro-.
cedure as some kind of undeviatinq Bible which cannot bend
its timetables for even a fet.Y hoursto p:comote the ends of
.justice ..
Very truly yours,
SEM/ap
cc: Hon. Ed'V'1ard R. Neaher
Unted States District Judge
United States Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201
Honorable Vincent Catoggio
United States Magistrate
United States Courthouse
Eastern District of New York
225 Cadman Plaza East
Brooklyn, N.Y. 11201
39 EAST 68TH STREET
ROY M.COHN
SCOTT E. MANLEY {ADMITTED ILLINOIS AND INDIANA)
DANIEL J. DRISCOLL
September 11, 1975
MELVYN RUBIN
MICHAEL ROSEN
HAROLD L.SCHWARTZ
Respectfully,
Roy M.
sb /
cc: Donna Goldstein, Esq.
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Respectfully,
/
fti( 1// /t-
Roy M. Cohn 1 ·
sb
NEW YORK. NEW YORK 10021
ROY M. COHN
SCOTT E. MAN LEY (ADMITTED ILLINOIS AND INDIANA)
MICHAEL ROSEN
DANIEL J. DRISCOLL
HAROLD SCHWARTZ
MELVYN RUBIN
JEFFREY A. SHUMAN
LORIN DUCKMAN August 5, 1974
Respectfully yours,
RMC:ap
BY HAND
Honorable Vincent A. Catoggio
Page Two
Respectfully yours,
sb
cc: Mr. Donald Trump
& 111.
Cohn
Donna Goldstein
Attorney, Housing Section
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IN THE UNITED STATES. DISTRICT COURT FOR THE
A. Depositions
follows:
1. On May 28, 1974, Ms. Donria Goldstein, a new attorney
Mr. Scott Manley in order to advise him that the plaintiff was
noticing depositions for June 18-20, 1974.*/ In deference to
Mr. Cohn's busy schedule, Mr. Manley was provided with an oppor-
tunity to propose alternative dates within the next few day&.•
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occasions he was reached, and ·failed to call back in response
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Ms. Goldstp:!_,, telephoned Mr. Manley and was told that he still
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Mr. Manley promised, however, to call back on July 8 with
recommended dates.
!7 See Appendix A.
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On May 28, 1974,.during the course of one of their
•
discussions about the scheduling of depositions, Ms. Goldstein
Mr: Manley again stated that he knew nothing about the proposed
office. Mr. Manley was not in and a message was left to have
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On June 1974; at approximately 11:30 a.m. Nr. Manley
for the Eastern District of New York and, for the first time,
.
expressed his objections to Plaintiff's Rtquest.
•
He claimed that
apply to the Court once again for appropriate sanctions under Rule
of defense counsel.
the morning of June 14, Nr. Fanelli, a clerk to Nr. Manley, handed
Letter of Mr. Manley dated June 13, 1974, a copy of which was sent
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From Thursday, June 13, 1974, until the completion of the
exclusively with Hr. Fanelli since . neither Mr. :Cohn nor Mr. Manley
the following day, June 19. However, Mr. Fane1li did give. assurances
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On Friday, June 21, 1974, 'Hr. Fanelli indicated that additional
June 26, 27, and 28, 1974. Thus, during a period of thirteen work-
ing days, records were made available for a little over seven days.
Not only time but travel money could have been saved had these
* * * *
We are reluctant to belabor the Court with the foregoing
may be relatively minor, the total impact has been to waste a large
amount of the time and money of counsel for the United States.
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II. DEFENDANTS' TO PROVIDE DISCOVER\BL£ INFORMATION
RE0UESTED BY PLAINTIFF
more than six months. On May 16, 1974, after tvo Orders of this
coming by the following week (letter from Scott Manley of May 16,
more than ten weeks since that promise was made, plain-
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responses to'Interrogatories, and while we wish to reserve our right
Court's attention.
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in an affidavit December 11, 1973, but they have
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The names of black tenants (Interrogatory 11),
still exist. (Dep. p. 33). Mr. Trump also stated that some of
these records may also have been destroyed since the Interrogator-
During the
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taking of this deposition, Mr. Cohn did, however, provide a measure
March 28, 1974 - the day that the defendants are supposed to have
defendants, who have 2500 - 3000 vacancies a year (Hyman Dep. p. 73)
and who have repeatedly testified through their agents that appli-
tion.::!:_/
Gilbert, office -;-,tanager for the past seven years, who has the
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*1 See Appendix D.
On July 3, 1974, we sent a letter to Mr. reiterating our
concern that none of the rejected applications had been produced and
requesting that the defendants furnish us with an explanation for
the reproduction of these documents prior to this hearing but no
explanation has been forthcoming. ·
-"14-
•
tions were taken \vere also served with subpoenas directing them
*I M-.:.-Skender Fici, }1r. Guido Lara, Mr. \olalter Rohr, Mr. Daniel
Bozt:h, Joseph Zecher and Hr. Raymond Travis.
- 15 -
that "refunded" signifies applications which \vere rejected by
Ms. Gilbert. In Mr. Travis' receipt book alame, which is used for
exist but that information about them has not.: been made available
to plaintiff.
a harassing and disruptive nature. Even aside from the false and
- 16 -
for s.anctions after present discovery proceedings have been
completed.
submitted,
GOLOB ERG
NOlU1A.N P •
Attorney, Housing Section
Civil Rights Division
of Justice
D. C. 20530
DONNA F. GOLDSTEIN
Attorney, Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
APPENDIX A ..
/.
/
T. 5-6-74 \
•
JSP!FES :ESG :cmk
DJ 175-52-23
ce: Records
Chrono By:
.' Gol&11eber ELYSE S.
Attornt!y -
Trial File
Hold Housing Section
!
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•
I
AP.PENDIX B \ .
T. 5/28/74
JSP:tG:mlp MAY 2 81974
•
Dear Mr.
In response ·to our telephone of Hay 28,
1974, please find enclosed a copy of Request
for Product i;m of J:or:trJ'ents, RCht::dulcd ft.;') cr.nro:euce on
June 12, 1':17.'). the proposed
for dcpos .ttio:ts of t:ho a:;enL:D and
employees of Trumt> H:1nagement. Inc. Fo:rn·.al notice
be for1:hcorning. Thet1e depositio:ts had been previously
scheduled. for April 18- April 22, 1974.
for your cooperation !:n this I
look forv1ard to hc.nring from you soon t.:o confirm the
attached dincovery schedule.
. ' Sincerely,
J.
General
Civil Rights Division
ce: GOLDSTEIN
Recorde / Attorney
Chrono
Ms. Goldstei Housir-...g Seetion
Trial.File
Henry Brachtl
APPENDIX C ........
., ,.
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f!ldacon/, !!Jdcilcov 2£" I/ •
·· 39-EAST 68TH STHEET (/'
t •••o ,;.!'I
L· _.-
.JOHN GODF"RCY SAXE C21Zl 47Z • 1400
ROGERS H. BACON 11919 ·19621
MICHAEL ROSEN
.
Miss Donna Goldstein
United States Department of Justice
Washington, D. c. 20530
Re: United States v. Fred C.
Civil Action No. 73 C 1529
Dear Miss Goldstein:
Enclosed please find a copy cz defendants'
ans\vers to plaintiff's interrogatories. .It is my under-
-standing speaking with Miss that you are
taking her place on this case since she r-as left to work
in New York.
As you will note from our ::2.:'..-S'i.-.-ers, most of the
information requested by the Governoer.:: i.=-1 the interroga-
tories already has been supplied in ths examinations
before trial \·lhich you already have cc:-.-;::..et2d. \.;e could
not make specific reference to page due to the
fact that the tre:nscripts have not bee:::: ccr:pleted. You
will thdt there are three requiring detailed
in"'=.:..cr:1ation from records, Hhich Stuart :=:_. ·an has been compil-
J..ng and hopes to co!":"'.plete next week. -w:ill supply you
with this as soon as 1·1r. £_:;. ""'D completes saree.
Very truly yours,
I
..
- -
APPENDIX D
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CERTIFICATE OF SERVICE
2. Supporting affidavits
,.-"'
August 5 , 1974
ROY M. COHN
SCOTT E. MANL.EY (A0>41TTEO IlLINOIS AND INDIANA)
MICHAEL. ROSEN
Dear Elyse:
Sincerely,
En=1,vsure
Frank Eo Schwe.>.lb
Hen.r}t A. Brachtl, Esq.
Hon. Vincent A. Catoggio
.. ...
CORE
CONGRESS OF RACIAL EQUALITY
:!00 West 1:\:,th Stre,·t. y,,,k,I'\.Y. IOO:lO, ·:!1:! 368-8104
ROY M. COHN
SCOTT E. MANI..EY (AOMITIEO ILLINOIS AND INDIANA)
MICHAEl.. ROSEN
DANIEl.. J, DRISCOI..L
April 17, 1974
HAROLD SCHWARTZ
MELVYN RUBIN
,JI:;F"FREY A· SHUMAr,f
LORIN DUCKMAN
ElyiJ\J 8. Golc1vJebe.r
Atto:eney, Housing Sect.ion
United Sta·tes Depari.:ment of Jusi·.ice
Washington, D. C. 20530
Re: ESG: eym DJ 17 5--:>2"'28
United States 'it. Fred c. Trump, ei: al.
Civil Action No. 73 C 1529
DE:a.r Elyse:
Sincerely,.
J. Stanley Pottinger
Assistant Attorney General
Civil Rights Division
•
By.
(-/vx,.__
' -
Donna F. Gol s ein
Attorney
Housing Section
AUG 2 2 1975
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T. 8/4/75
AUG 5 1975
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,10nna F .. Gol.!stcin
.At: to:t·ney
Uousinz Se.:tion
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concludes as follows:
41, 45-46 (1957); United States v. Georgia Power Co., 301 F. Supp.
538, 541 (N.D. Ga. 1969). The complaint alleges, in the language
Lawrence Realty. Inc., 313 F. Supp. 870, 873 (N.D. Ga. 1970).
issue.
and the United States has not consented to suits of this nature.
(N.D. Ga. 1971). 42 U.S.C. 2680 bars suits against the United
for More Definite Statement be and they are hereby denied, and
prejudice.
------------------' 1974
Respectfully yours,
. . _..
/ '1-/
J
'--·---
Stanley M. Friedman
sb -'
cc: Brian Heffernan
....
'
1L f.
Civil Rights Division
By:
Br1an F. Heffernan
}J QL
Attorney
• Housing and Credit Section
MAY 3, 1974
CIVIL MOTION
'PEARANCES:
CIVIL MOTION
RA NCES :
(2) Occupancy
Edward R. Neaher
r-r; .0 p ·; ?;,1
--:------------'-------- - - J
- k l_. "J<)u.•:dt
ROY M.. FRANK E. SCEw'ELB
Saxe, Bacon, Bolan & Chief, Housing Section
Manley Civil Rights Division
39 E. 68th Street Department of Justice
New York, New York 't-lashington, D. C. 20530
//
I ;
\/ ! 0 ·---- ·.
.. r
FRED C. TRilllP DONNA F. GOLDSTEIN
Attorney, . Housing Section
Civil Rights Division
Department of Justice
Washington, D. C. 20530
HAROLD SCHWARTZ
MELVYN RUBIN
.JEF"F"REY A. SHUMAN
LORIN DUCKMAN
BY HAND
SEM/ap
cc: Hon. Edward R. Neaher
Unted States District Judge
United States Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201
Honorable Vincent Catoggio
United States Magistrate
United States Courthouse
Eastern District of New York
225 Cadman Plaza East
Brooklyn, N.Y. 11201
/!
t
I
of Wu.sticc
ii'IJALS
11 UNITED STATES ATTORNEY
'('/5 ,, l
EASTERN DISTRICT OF NEW YORK
JDP:CIS:es FEDERAL BUILDING
File No. BROOKLYN, N. Y. 11201
'730959
BY HAND
August 6, 1974
-2-._
NEW YORK, NEW YORK 10021
ROY M. COHN
SCOTT E. MANLEY (ADMITTED ILLINOIS AND INDIANA)
MICHAEL ROSEN
Re: Trump
last week.
lf/!Hf/7/?z____
ROY M.jCOHN
RMC:at
cc: Frank Schwelb, Chief
Housing Section
JSP:FES:DFG:car
DJ 175-52-28
Honorable Vincent A. Catoggio
Magistrate, United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
J. STANLEY POTTINGER
Assistant Attorney General
Civil Rights Division
By:
DONNA F. GOLDSTEIN
Attorney
Housing Section
cc: Honorable Edward R. Neaher
Roy M. Cohn, Esquire
\ ·,
/'
JSP!FES:NG:car
DJ 175-Sl-28
J. STANLEY POO'TINGER
Assistant Attorney General
Civil Rights Division
By:
NORMAN P. GOLDBERG
Attorney
Housing Section
f>ear Sirs:
We are sorry to learn from your associate ..Teffrey
Schuman, Esq. that. you will. not honor your commitment to
produce previously designated officers, agents and employees
of defendants in the above action for depositions on. April 17,
18, 19 and 22, 1974, notwithstandin9 your written stipulation,
by Mr. Schuman, so ordered by the Court on April l, 1974,
and the oral representation of Mr. Cohn of your firm to
Government counsel. on March 29, 1974. To avoid obviously
futile expenditure, we have cancelled o·ur· request for a
stenographer to record the depositions on those dates.
We regret, too, that defendant has chosen to
violate the Court•e order of February 5, 1974 \fhich ordered
defendants to answer plaintiff's interrogatories on or
before April 1, 1974.
we will, of course, apply for appropriate
sanctions against
Very truly yours,
EDWARD JOHN BOYD V
States2:;;9ey
/ 1 /'
&----- ( ____(- / r··/
HENRY BRACBTL .
U.. S. Jl..t.tor:ney
The Honorable Edward R. Naaher
United States District ,Judge
225 Cadman Plaza East
DrcoklyrJ, New York 11201
JSP:FES;ESG:saf
DJ 175·.52-28 MAY 1974
By:
ELYSE S. GOLDWEBER
Attorney
Housing Section f
ec: Bon. Edward B.. Neaher
United States District Court Judge
Eastern District of New York
United States Courthouse
225 IJadman Plaza East
Brooklyn. New York 11201
lion. Vineent Catosgio
United States M4gistrate
Easte:srr& District of New York
United States Cout'thOWJe
22.5 Cadman Plaza Ea.&t
Brooklyn, New York 11201
MAY 9 1974
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VINCENT A. CATOGGI&
United States Magi2trate
Eastern District of New York
of an apartment.
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