Case: Ehman v. Home Builders Ass'n of Metro. Denver

1:01-cv-01522 | U.S. District Court for the District of Colorado

Filed Date: Aug. 6, 2001

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 6, 2001, individuals who use wheelchairs for mobility filed a class action in U.S. District Court for the District of Colorado against a home builders Trade Association, claiming its annual exhibition of model homes presented numerous barriers to disabled access. Specifically, Plaintiffs claimed that the defendants' "Parade Of Homes," an annual exhibition of six newly constructed model homes open to the public, presented numerous barriers, including parking at the event, traveling fro…

On August 6, 2001, individuals who use wheelchairs for mobility filed a class action in U.S. District Court for the District of Colorado against a home builders Trade Association, claiming its annual exhibition of model homes presented numerous barriers to disabled access.

Specifically, Plaintiffs claimed that the defendants' "Parade Of Homes," an annual exhibition of six newly constructed model homes open to the public, presented numerous barriers, including parking at the event, traveling from the parking to the homes, and viewing the homes themselves. The defendant charged admission to the event. The plaintiffs purchased tickets but were unable to view some the homes because of barriers to accessibility. The complaint contained a single count under the Americans With Disabilities Act, .42 U.S.C. §12181 et seq. The complaint sought declaratory, injunctive, and monetary relief.

On November 26, 2001, the court approved a consent decree and certified the class. On March 10, 2003, the parties entered into an amended consent decree. Defendants agreed in future Parade of Homes events to provide one accessible entrance to the event and to each home, to provide accessible restrooms, concessions stands, parking, and exhibit booths. The plaintiffs agreed not to picket or protest future events.

The consent decree lasted until 2006. The case is now closed.

Summary Authors

Eric Weiler (6/16/2010)

People


Judge(s)

Boland, Boyd N. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Miller, Patrick John (Colorado)

Olsen, Theodore Alan (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Nottingham, Edward Willis Jr. (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Miller, Patrick John (Colorado)

Olsen, Theodore Alan (Colorado)

Documents in the Clearinghouse

Document

Docket

March 10, 2003 Docket
1

Complaint

Aug. 6, 2001 Complaint
65

Consent Decree

March 10, 2003 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) (bpm) (Entered: 08/07/2001)

Aug. 6, 2001

FILING FEE PAID: on 8/6/01 in the amount of $ 150, receipt # 227783. (bpm) (Entered: 08/07/2001)

Aug. 6, 2001
2

MEMORANDUM by Judge Edward W. Nottingham to plas re: Service and Initial Procedure (pap) (Entered: 08/10/2001)

Aug. 9, 2001
3

ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Boyd N. Boland &General Case Management Order by Judge Edward W. Nottingham; dispo motion ddl 4/8/02 (cc: to counsel) (pap) (Entered: 08/14/2001)

Aug. 13, 2001
4

ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Scheduling Planning/Rule 16 conference set for 10:30 9/12/01; proposed scheduling order due no later than 5 days prior to conf (cc: all counsel) (pap) (Entered: 08/24/2001)

Aug. 22, 2001
5

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; scheduling/rule 16 conference set for 9:00 9/25/01 ; proposed schduling order is due on or before 9/18/01 (cc: all counsel) ; entry date : 8/29/01 (pap) (Entered: 08/29/2001)

Aug. 28, 2001
6

MOTION by defendant to dismiss for lack of jurisdiction (pap) (Entered: 09/12/2001)

Sept. 10, 2001
7

BRIEF by defendant in support of motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 09/12/2001)

Sept. 10, 2001
8

MINUTE ORDER : by Judge Edward W. Nottingham; plas' response is due on or before 9/26/01, dft's reply shall be filed within 11 days of service of the response regarding [6−1] motion to dismiss for lack of jurisdiction (cc: all counsel) ; entry date : 9/13/01 (pap) (Entered: 09/13/2001)

Sept. 12, 2001
9

COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; scheduling planning/rule 16 conf held on 9/25/01 ; settlement conf set for 2:00 11/27/01 ; preliminary pretrial/status conf set for 9:00 12/11/01 ; pto ddl set for 12/4/01 ; entry date : 9/26/01 Court Reporter: BNB Civil Tape 2001−122/123 (pap) (Entered: 09/26/2001)

Sept. 25, 2001
10

SCHEDULING ORDER Magistrate Judge Boyd N. Boland ; Discovery cutoff 3/8/02 (cc: all counsel) (pap) (Entered: 09/26/2001)

Sept. 25, 2001
11

MINUTE ORDER : by Magistrate Judge Boyd N. Boland; settlement conference set for 11/27/01 2:00 and preliminary pretrial conf set 12/11/01 9:00, parties present shall have the authority to negotiate and settle (cc: all counsel) ; entry date : 9/26/01 (pap) (Entered: 09/26/2001)

Sept. 25, 2001
12

BRIEF by plaintiffs in opposition to dft's motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 09/27/2001)

Sept. 26, 2001
13

ATTORNEY APPEARANCE for defendant by Patrick John Miller (pap) (Entered: 09/28/2001)

Sept. 27, 2001
14

RETURN OF SERVICE of Summons and Complaint upon defendant Home Bldrs Assoc Den by leaving with Roger Reinhardt, the registered agent on 8/21/01 (pap) (Entered: 10/03/2001)

Oct. 1, 2001
15

Unopposed MOTION by defendant Home Bldrs Assoc Den for extension of time to file its reply brief in support of its motion to dismiss until 10/17/01 (pap) (Entered: 10/11/2001)

Oct. 10, 2001
16

MINUTE ORDER : by Judge Edward W. Nottingham granting motion for extension of time to file its reply brief in support of its motion to dismiss until 10/17/01 [15−1] (cc: all counsel) ; entry date : 10/12/01 (pap) (Entered: 10/12/2001)

Oct. 11, 2001
18

Unopposed MOTION by plaintiffs to amend scheduling order [10−1] (pap) (Entered: 10/24/2001)

Oct. 23, 2001
19

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting pla's unopposed motion to amend scheduling order [10−1] [18−1] (cc: all counsel) ; entry date : 10/25/01 (pap) (Entered: 10/25/2001)

Oct. 24, 2001
20

MOTION by plaintiffs for leave to file surreply in opposition to dft's Motion to Dismiss (pap) (Entered: 10/30/2001)

Oct. 29, 2001

Tendered Plas' surreply brief in opposition to dft's motion to dismiss submitted by plaintiffs re: motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (pap) (Entered: 10/30/2001)

Oct. 29, 2001
21

RESPONSE by defendant to plas' motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (pap) (Entered: 11/01/2001)

Oct. 31, 2001
22

MINUTE ORDER : by Judge Edward W. Nottingham granting motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (cc: all counsel) ; entry date : 11/7/01 (pap) (Entered: 11/07/2001)

Nov. 6, 2001
23

SurREPLY brief in opposition by plaintiffs to dft Home Builders Assoc of Metro Denver's motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 11/07/2001)

Nov. 6, 2001
24

MOTION by defendant for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 (pap) (Entered: 11/09/2001)

Nov. 8, 2001
25

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (pap) (Entered: 11/13/2001)

Nov. 9, 2001
26

RESPONSE by plaintiffs to dft's motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (pap) (Entered: 11/13/2001)

Nov. 13, 2001
27

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (cc: all counsel) ; entry date : 11/14/01 (pap) (Entered: 11/14/2001)

Nov. 13, 2001
28

Second MOTION by plaintiffs to amend scheduling order [10−1] (pap) (Entered: 11/19/2001)

Nov. 16, 2001
29

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend scheduling order [10−1] [28−1] (pap) (Entered: 11/20/2001)

Nov. 19, 2001
30

RESPONSE by defendant Home Bldrs Assoc Den to plas' motion to amend scheduling order [10−1] [28−1] (pap) (Entered: 11/21/2001)

Nov. 20, 2001
31

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend scheduling order [10−1] [28−1], deadline for joinder of parties and amendments of pleadings reset to 12/7/01 ; preliminary pretrial/status conf vacated and reset for 9:00 1/3/02 ; pto ddl reset for 12/27/01 ; settlement conf vacated and reset for 1:30 2/25/02 ; parties present shall have full authority to negotiate and settle; Confidential settlement statement due by 2/18/02; (cc: all counsel) ; entry date : 11/21/01 (pap) (Entered: 11/21/2001)

Nov. 21, 2001
32

NOTICE of Change of Address of pla Kristin McIntosh by plaintiffs' attorney (pap) (Entered: 12/14/2001)

Dec. 13, 2001
33

COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; preliminary pretrial/status conf held 1/3/02 ; entry date : 1/3/02 Court Reporter: BNB Civil Tape 02−01 (pap) (Entered: 01/03/2002)

Jan. 3, 2002
35

MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf vacated and reset for 9:00 1/23/02 ; confidential settlement statements are due on or before 1/16/02; parties present shall have full authority to negotiate and settle (cc: all counsel) ; entry date : 1/4/02 (pap) (Entered: 01/04/2002)

Jan. 3, 2002
36

Unopposed MOTION by defendant for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 1/14/02 (pap) (Entered: 01/15/2002)

Jan. 14, 2002
37

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 1/14/02 [36−1] (pap) (Entered: 01/15/2002)

Jan. 15, 2002
38

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 01/28/02 [36−1] (cc: all counsel) ; entry date : 1/17/02 (pap) (Entered: 01/17/2002)

Jan. 16, 2002
40

MEMORANDUM by Magistrate Judge Boyd N. Boland settlement conf held 1/23/02 , no settlement was reached (pap) (Entered: 01/28/2002)

Jan. 23, 2002
39

MEMORANDUM by Magistrate Judge Boyd N. Boland ; settlement conf held 1/24/02 , no settlement reached (pap) (Entered: 01/25/2002)

Jan. 24, 2002
41

Joint MOTION by plaintiffs and defendant to amend stipulated scheduling and discovery order [10−1] (pap) (Entered: 01/29/2002)

Jan. 28, 2002
42

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend stipulated scheduling and discovery order [10−1] [41−1] (pap) (Entered: 01/30/2002)

Jan. 29, 2002
43

ORDER by Magistrate Judge Boyd N. Boland regarding [41−1] joint motion to amend stipulated scheduling and discovery order [10−1]. The motion is granted to the following extent: Discovery cutoff is 2/25/02, serve written discovery by 3/6/02, expert disclosures by 2/25/02. As the mag is w/o authority to extend the dispositive motion deadline, a recommendation re: this portion of the motion has been made to Judge Nottingham. regarding [10−1] schedule order (cc: all counsel) ; entry date : 2/15/02 (gms) (Entered: 02/15/2002)

Feb. 15, 2002
44

Joint MOTION by plaintiffs and defendant to clarify order [43−2] (pap) (Entered: 02/26/2002)

Feb. 25, 2002
45

ORDER by Judge Edward W. Nottingham ; accepting Magistrate Judge's recommendation granting motion to amend stipulated scheduling and discovery order [10−1] [41−1] ; disp mtn ddl reset 5/6/02 (cc: all counsel) ; entry date : 2/26/02 (pap) (Entered: 02/26/2002)

Feb. 25, 2002
46

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to clarify order [43−2] [44−1] (pap) (Entered: 02/26/2002)

Feb. 25, 2002
47

Amended ORDER by Magistrate Judge Boyd N. Boland granting motion to clarify order [43−2] [44−1] ; discovery ddl reset 4/5/02 , see order for detailed scheduling changes (cc: all counsel) ; entry date : 2/28/02 (pap) (Entered: 02/28/2002)

Feb. 27, 2002
48

Second Joint MOTION by plaintiffs and defendant to amend stipulated scheduling and discovery order [10−1] (pap) (Entered: 03/20/2002)

March 19, 2002
49

MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend stipulated scheduling and discovery order [10−1] [48−1] (pap) (Entered: 03/21/2002)

March 20, 2002
50

MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend stipulated scheduling and discovery order [10−1] [48−1] ; discovery ddl reset 4/19/02 (cc: all counsel) ; entry date : 3/25/02 (pap) (Entered: 03/25/2002)

March 25, 2002
52

Joint MOTION by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den to amend complaint [1−1] , and to certify class action , and for (order) preliminary approval of consent decree , and for a fairness hearing (pap) (Entered: 04/16/2002)

April 15, 2002
53

ORDER of dismissal with prejudice by Judge Edward W. Nottingham granting motion to dismiss all claims of pla Joseph Ehman with prejudice [51−1] dismissing party Joseph Ehman with prejudice ; each party to pay his, her or its own costs and attorneys' fees (cc: all counsel) ; entry date : 5/16/02 (pap) (Entered: 05/16/2002)

May 15, 2002
54

Joint MOTION by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den for (order) approval of amended consent decree (pap) (Entered: 08/12/2002)

Aug. 9, 2002
55

MINUTE ORDER : by Judge Edward W. Nottingham ; status conf set for 4:00 11/15/02 (cc: all counsel) ; entry date : 10/2/02 (former empl) (Entered: 10/02/2002)

Oct. 1, 2002
56

Joint STATUS REPORT by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den (pap) (Entered: 10/11/2002)

Oct. 10, 2002
57

COURTROOM MINUTES by Judge Edward W. Nottingham granting motion to amend complaint [1−1] [52−1], granting motion to certify class action [52−2], denying motion for (order) preliminary approval of consent decree [52−3], denying motion for a fairness hearing [52−4], denying motion to dismiss for lack of jurisdiction [6−1] ; entry date : 11/22/02 Court Reporter: Therese Lindblom (pap) (Entered: 11/22/2002)

Nov. 15, 2002
60

AMENDED Class Action COMPLAINT [1−1] by plaintiffs (pap) (Entered: 11/27/2002)

Nov. 15, 2002
58

Joint Submission (NOTICE) of order by plaintiffs and defendant re: minutes [57−1] (pap) (Entered: 11/25/2002)

Nov. 21, 2002
59

MINUTE ORDER : by Judge Edward W. Nottingham setting hearing on proposed Consent Decree re: notice [58−1] 9:00 3/7/03 (cc: all counsel) ; entry date : 11/26/02 (pap) (Entered: 11/26/2002)

Nov. 22, 2002
61

ORDER by Judge Edward W. Nottingham granting motion to amend complaint [1−1] [52−1], granting motion to certify class action [52−2], granting motion for (order) preliminary approval of consent decree [52−3], granting motion for a fairness hearing [52−4] ; in court hrg on proposed amended consent decree set for 2:00 3/7/03 granting motion for (order) approval of amended consent decree [54−1] (cc: all counsel) ; entry date : 12/3/02 (pap) (Entered: 12/03/2002)

Dec. 3, 2002
62

Request (MOTION) by plas Kristin McIntosh, William Joe Beaver and dft Home Bldrs Assoc Den to clarify minute order [59−1] (pap) (Entered: 12/09/2002)

Dec. 6, 2002
63

MINUTE ORDER : by Judge Edward W. Nottingham granting motion to clarify minute order [59−1] [62−1], regarding [58−1] notice, regarding [61−2] order ; in court hrg reset for 9:00 3/7/03 (cc: all counsel) ; entry date : 12/10/02 (pap) (Entered: 12/10/2002)

Dec. 9, 2002
64

COURTROOM MINUTES by Judge Edward W. Nottingham; court executes and dates interlination today's date; with the execution and filing of the amended consent decree this case will close; regarding [54−1] motion for (order) approval of amended consent decree ; entry date : 3/10/03 Court Reporter: Therese Lindblom (pap) (Entered: 03/10/2003)

March 7, 2003
65

Amended CONSENT DECREE by Judge Edward W. Nottingham and parties; regarding [64−1] minutes terminating case (cc: all counsel) ; entry date : 3/11/03 (pap) (Entered: 03/11/2003)

March 10, 2003

State / Territory: Colorado

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Aug. 6, 2001

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled Colorado residents who use wheelchairs, visiting an exhibition of model homes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Home Builders Association Of Metropolitan Denver (Denver, Denver), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $75,000

Order Duration: 2003 - 2006