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IN THE UNITED STATES DISTRICT

COURT FOR THE EASTERN DISTRICT OFTEXAS TYLER DIVISION

UNITED STATES OF AMERICA

Plaintiff

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

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

Defendants/Third Party Plaintiffs

VS.

B.G. WILLIAMS and DELIAHWILLIAMS

Third Party Defendants

DEFENDANTS THIRD-PARTY COMPLAINT

Comes now, Defendants/Third Party Plaintiffs, George Toone and In Toone Services,

LLC d/b/a Texan RV Park, and file this Third-Party Complaint and would show the following:

A. PARTIES1. Plaintiff, United States of America, has made an appearance in this case.2. Defendant/Third Party Plaintiff, George Toone, is an individual and a citizen of the

State of Texas and has made an appearance in this case.

3. Defendant/Third Party Plaintiff, In Toone Services, LLC d/b/a Texan RV Parksprincipal place of business is in Abilene, Texas and has made an appearance in this case.

4. Defendant, B.G. Williams, an individual and a citizen of the State of Texas, maybe served with process at 1814 F.M. 66 Waxahachie, Texas 75167.

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

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B. JURISDICTION6. The Court has jurisdiction over this action under 28 U.S.C. 1331, 28 U.S.C.

1345, and 42 U.S.C. 3612(o). Specifically, this Court has federal question jurisdiction as the

original complaint seeks to enforce provisions of Title VIII of the Civil Rights Act of 1968 (the

Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601

to 3619.

7. Plaintiff has asserted claims against Defendants/Third Party Plaintiffs arising fromalleged violations of the Fair Housing Act which allegedly occurred after Defendants/Third Party

Plaintiffs took ownership of the Texan RV Park. A copy of Plaintiffs Original Complaint is

attached as Exhibit A. Pursuant to the Courts Docket Control Order, Doc. #19, the deadline to

join additional parties without leave of court is February 26, 2014. Therefore, this pleading is

timely.

8. This Third Party Complaint asserts that Third Party Defendants are liable toDefendants/Third Party Plaintiffs for the liability that Defendants/Third Party Plaintiffs may owe

to Plaintiff. With this filing, and any amendments thereto, Defendants/Third Party Plaintiffs

demand judgment against Third Party Defendants for all sums that may be adjudged against the

Defendants/Third Party Plaintiffs in Plaintiff's favor. The claim asserted in this Third Party

Complaint arises out of the same facts and circumstances as those of the original complaint so that

the court may exercise supplemental jurisdiction over it under the provisions of 28 U.S.C.

1367(a).

C. FACTS9. The Texan RV Park (the Park) is a 43-site recreational vehicle (RV) park

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


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Joganik (Ms. Joganik), formerly known as Scott Pepos and Roxann Fanteal, claims to be a

transgender individual who identifies as female. Darlina Anthony (Ms. Anthony) claims to

have been Ms. Joganiks roommate. Joganik and Anthony claim to be aggrieved persons, as

defined by the Fair Housing Act, 42 U.S.C. 3602(i).

10. In April 2011, prior to Defendants assuming ownership, Ms. Joganik and Ms.Anthony moved into the park. They resided in an RV and remained as guests in lot 36. At the

time they moved into the Park, the Park was owned by B.G. Williams and Delia Williams

(Williamses).

11.

Defendant George Toone (Mr. Toone) is a resident of Texas. Mr. Toone has

been blind since birth which raises obvious questions regarding the merits of this claim. What is

relevant for the purposes of this Third Party Complaint is the fact that the incident/incidents

giving rise to this suit began and/or occurred before Defendants/Third Party Plaintiffs owned the

Park.

12. It appears Plaintiff rightfully concedes that, at least a portion of the events givingrise to the complaint, occurred before Defendants owned or had any control over the Park.

13. Indeed, Defendants/Third Party Plaintiffs assert that the evidence will establishthat Roxanne Joganik and Darlina Anthony made their initial complaints to HUD (Department of

Housing and Urban Development) about the prior owners of the park, Third Party Defendants.

14. The ongoing investigation by HUD was not disclosed to the new owners,Defendants, before the property legally changed hands.

15. Therefore, because these alleged violations occurred, in whole or in part, becauseof the conduct of the prior owners, Defendants/Third Party Plaintiffs file this Third Party

Complaint.


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D. PRAYER16. Defendants/Third Party Plaintiffs demand judgment against Third Party

Defendants for all or part of any sums that may be adjudged against Defendants/Third Party

Plaintiffs, in favor of Plaintiff.

17. For these reasons, Defendants, George Toone and In Toone Services, LLC d/b/aTexan RV Park, ask for judgment against third-party Defendants, B.G. Williams and Deliah

Williams, for any and all such further relief, both at law and in equity, which they may be entitled.

Respectfully submitted,

/s/ Casey S. Erick

Casey S. Erick

SBN: 24028564Erick Law Group

4144 N. Central Expressway, Suite 870

Dallas, Texas 75204

214.821.1700214.821.1703Facsimile

Attorney for Defendants

CERTIFICATE OF SERVICE

I certify that on this the 26th

day of February, 2014, a copy of Defendants Third-Party

Complaint was served on the CM/ECF system, which will automatically serve a Notice of

Electronic Filing on the following attorney in charge for Plaintiff:

Lori K. Wagner

United States Department of JusticeCivil Rights Division

Housing and Civil Enforcement Section

950 Pennsylvania Avenue, NWG St.

Washington, DC 2530

/s/ Casey S. Erick

Casey S. Erick


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