Case: United States v. Edward Rose & Sons

2:02-cv-73518 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 3, 2002

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 3, 2002, the United States filed an action under the Fair Housing Act, and the Americans with Disabilities Act against Edward Rose & Associates, Inc. in the United States District Court for the Eastern District of Michigan. The United States had already filed a similar lawsuit against the same defendants on January 18, 2001, in the United States District Court for the Northern District of Indiana. The plaintiff, represented by the Civil Rights Division of the United States Departme…

On September 3, 2002, the United States filed an action under the Fair Housing Act, and the Americans with Disabilities Act against Edward Rose & Associates, Inc. in the United States District Court for the Eastern District of Michigan. The United States had already filed a similar lawsuit against the same defendants on January 18, 2001, in the United States District Court for the Northern District of Indiana. The plaintiff, represented by the Civil Rights Division of the United States Department of Justice, asked the court for an injunction to enjoin defendants from discriminating against persons with disabilities. Specifically, the plaintiff claimed that the defendants discriminated against persons with disabilities by failing to design and construct covered multifamily dwellings and places of public accommodation in accordance with subsection 804(f)(3)(c) of the Fair Housing Act, 42 U.S.C.

The Defendants answered the complaints in the Michigan action and the Indiana action, and in both, denied any and all allegations of alleged violations of the Fair Housing Act or the Americans with Disabilities Act. However, the parties agreed that they should avoid further contested litigation and resolve the dispute without an evidentiary hearing or findings of fact.

On February 21, 2003, The United States District Court for the Eastern District of Michigan enjoined certain of the Rose companies from proceeding with the construction and occupancy of nineteen apartment buildings at two complexes where the buildings, as designed, would have had descending steps to the entrances to the covered dwelling units directly across from the parking lot and the only accessible way into the covered dwelling units would have been by walking around the opposite side of the building and through the patio doors.

On August 25, 2004, the United States Court of Appeals for the Sixth Circuit affirmed the district court's entry of a preliminary injunction. On December 7, 2004, the Court of Appeals denied the Rose Companies' Petition for Rehearing En Banc.

In the Consent Agreement entered in the United Stated District Court for the Eastern District of Michigan on September 30, 2005, the parties agreed that the Defendants would ensure the future design and/or construction of covered multifamily dwellings by the Rose Companies and/or the Architectural Defendants shall comply with the design and construction requirements of the Fair Housing Ac, 42 U.S.C. §3604(f)(1)-(3) and where applicable, the ADA, 42 U.S.C. §§12182(a) and 12183(a)(1).

The Defendants agreed to $950,000 into an interest-bearing escrow account administered by counsel fro the Rose Companies for the purpose of paying settlement amounts to individuals alleged by the United States to qualify as "the Settlement Fund." Further, the Defendants were to pay the United States a sum of $110,000 as a civil penalty pursuant to 42 U.S.C. §3614(d)(1)(C) and 42 U.S.C. §12188(b)(2)(C)(i). Each party bore its own costs and attorneys' fees associated with the litigation.

Except for the complaints against Gary Weaver, the complaints in the Michigan and Indiana actions have been dismissed with prejudice as agreed in the consent order entered in the Untied Stated District court for the Eastern District of Michigan.

See United States v. Edward Rose & Sons, Inc. 

Summary Authors

Stacey McClurkin (10/29/2011)

Related Cases

United States v. Edward Rose & Sons, Inc., Northern District of Indiana (2001)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4765123/parties/united-states-v-edward-rose-sons/

Judge(s)

Roberts, Victoria A. (Michigan)

Scheer, Donald A. (Michigan)

Documents in the Clearinghouse

2:02-cv-73518

Docket

July 25, 2008

July 25, 2008

Docket
322

2:02-cv-73518

Consent Order

Sept. 30, 2005

Sept. 30, 2005

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4765123/united-states-v-edward-rose-sons/

Last updated Oct. 29, 2026, 9:18 p.m.

Docket for: United States v. Edward Rose Sons
ECF Number Date Description Link
1 Sept. 3, 2002

COMPLAINT (dh) (Entered: 09/09/2002)

RECAP
2 Sept. 30, 2002

APPEARANCE for Gerald Peterson, James R. Saule of attorney Drew F. Seaman with notice and proof of service (kb) (Entered: 10/01/2002)

RECAP
3 Oct. 2, 2002

APPEARANCE for Dorchen Martin Assoc of attorney Kevin J. Gleeson, Sheri B. Cataldo with notice and proof of service (kb) (Entered: 10/03/2002)

RECAP
4 Oct. 15, 2002

AFFIRMATIVE defenses by defendant James R. Saule, defendant Gerald Peterson (RH) (Entered: 10/16/2002)

RECAP
5 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by attorney for defendant Green Ridge L P - answer due 11/5/02 for Green Ridge L P (DT) (Entered: 10/17/2002)

RECAP
6 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by attorney for defendant Huron Dev L P - answer due 11/5/02 for Huron Dev L P (DT) (Entered: 10/17/2002)

RECAP
7 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by attorney for defendant Occidental Dev Ltd - answer due 11/5/02 for Occidental Dev Ltd (DT) (Entered: 10/17/2002)

RECAP
8 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Occidental Dev Co - answer due 11/5/02 for Occidental Dev Co (DT) (Entered: 10/17/2002)

RECAP
9 Oct. 16, 2002

WAIVER of service sent on 10/16/02 and signed by attorney for defendant Edward Rose Realty - answer due 12/15/02 for Edward Rose Realty (DT) (Entered: 10/17/2002)

RECAP
10 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Prop Inc - answer due 11/5/02 for Edward Rose Prop Inc (DT) (Entered: 10/17/2002)

RECAP
11 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Dev Co - answer due 11/5/02 for Edward Rose Dev Co (DT) (Entered: 10/17/2002)

RECAP
12 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Assoc - answer due 11/5/02 for Edward Rose Assoc (DT) (Entered: 10/17/2002)

RECAP
13 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Assoc - answer due 11/5/02 for Edward Rose Assoc LLC (DT) (Entered: 10/17/2002)

RECAP
14 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Sons - answer due 11/5/02 for Edward Rose Sons (DT) (Entered: 10/17/2002)

RECAP
15 Oct. 16, 2002

WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Sons Inc - answer due 11/5/02 for Edward Rose Sons Inc (DT) (Entered: 10/17/2002)

RECAP
16 Oct. 17, 2002

(STRICKEN 10/22/02) MOTION by defendant Dorchen Martin Assoc for more definite statement with notice, brief, exhibit A and proof of service (DT) Modified on 10/22/2002 (Entered: 10/17/2002)

RECAP
17 Oct. 17, 2002

MOTION by defendant Dorchen Martin Assoc to transfer venue with brief, exhibits A-C and proof of service (DT) (Entered: 10/17/2002)

RECAP
18 Oct. 22, 2002

ORDER by Judge Victoria A. Roberts, striking motion for more definite statement by Dorchen Martin Assoc [16-1] [EOD Date 10/22/02] (RH) (Entered: 10/22/2002)

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19 Oct. 24, 2002

APPEARANCE for defendant Eckert Wordell of attorney Garry L. Walton, with proof of service. (RH) (Entered: 10/25/2002)

RECAP
20 Nov. 5, 2002

AFFIRMATIVE defenses by Rose defendants (ew) (Entered: 11/07/2002)

RECAP
21 Nov. 5, 2002

AFFIRMATIVE defenses by defendant Eckert Wordell (ew) (Entered: 11/07/2002)

RECAP
Nov. 5, 2002

Text not available.

22 Nov. 6, 2002

NOTICE of FRCP 16(b) status and scheduling conference for 3:00 1/31/03 (ew) (Entered: 11/07/2002)

RECAP
23 Dec. 2, 2002

STATEMENT of disclosure of corporate affiliations and financial interests by defendant Dorchen Martin Assoc (DT) (Entered: 12/03/2002)

RECAP
24 Dec. 2, 2002

AFFIRMATIVE defenses by defendant Dorchen Martin Assoc (DT) (Entered: 12/03/2002)

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25 Dec. 30, 2002

DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f) (dh) (Entered: 12/31/2002)

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116 Jan. 7, 2003

MOTION by Rose defendants' for protective order, with brief, exhibits A-G and proof of service. (RH) (Entered: 01/07/2004)

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26 Jan. 14, 2003

NOTICE by Judge Roberts chambers of setting telephone conference for 3:30 1/17/03 with proof of service. (PP) (Entered: 01/15/2003)

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27 Jan. 21, 2003

MOTION by plaintiff USA to amend complaint [1-1], for preliminary injunction with brief, attachments 1-8,7,1-3,8,A-D,9-11, proof of service (dh) Modified on 01/23/2003 (Entered: 01/22/2003)

RECAP
28 Jan. 27, 2003

EMERGENCY MOTION by defendants' to modify briefing and motion schedule, with brief, exhibits A-E, notice of hearing and proof of service. (RH) Modified on 01/28/2003 (Entered: 01/28/2003)

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29 Jan. 29, 2003

SUPPLEMENTAL EXHIBITS filed by defendants' in support of motion to modify briefing and motion schedule by defendants [28-1] (RH) (Entered: 01/30/2003)

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30 Jan. 29, 2003

RESPONSE by plaintiff USA to motion to modify briefing and motion schedule by defendants [28-1] with exhibits 1-4 and proof of service. (RH) (Entered: 01/30/2003)

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31 Jan. 30, 2003

ORDER by Judge Victoria A. Roberts denying motion to modify briefing and motion schedule by defendants [28-1] and setting hearing on motion for preliminary injunction by USA [27-2] for 2:00 2/18/03 [EOD Date 1/31/03] (RH) (Entered: 01/31/2003)

RECAP
32 Jan. 31, 2003

NOTICE (letter) by court confirming hearing on motion for preliminary injunction by USA [27-2] for 2/6/03 and allowing the filing of amicus brief by 2/6/03 (lh) (Entered: 02/04/2003)

RECAP
33 Feb. 3, 2003

BRIEF in response by Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Occidental Dev Ltd, Occidental Dev Co, Green Ridge L P, Huron Dev L P to motion for leave to amend complaint [1-1] by USA [27-1] and for entry of a preliminary injunction by USA [27-2] with attachments "1" thru "14" and proof of service (lh) (Entered: 02/04/2003)

RECAP
34 Feb. 3, 2003

APPENDIX of authorities by Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Occidental Dev Ltd, Occidental Dev Co, Green Ridge L P, Huron Dev L P to to transfer case to the Northern District of Indiana by defendants [33-1] and in opppsotion to plaintiffs motion for leave to file an amended complaint and for entry of a preliminary injunction [33-1] with attachments "1" thru "18" (lh) (Entered: 02/04/2003)

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35 Feb. 3, 2003

CORRECTED proof of service by plaintiff USA of [30-1] (lh) Modified on 02/04/2003 (Entered: 02/04/2003)

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36 Feb. 6, 2003

AMICUS curiae brief by the National Multi Housing Counsil and the National Apartment Association in support of defendants with proof of service (lh) (Entered: 02/07/2003)

RECAP
37 Feb. 7, 2003

RESPONSE by USA to motion to transfer case to the Northern District of Indiana by defendants [33-1] with exhibits 1-7 and proof of service (DT) (Entered: 02/10/2003)

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38 Feb. 12, 2003

REPLY by defendants to response to motion to transfer case to the Northern District of Indiana by defendants [33-1] with attachments (ew) (Entered: 02/13/2003)

RECAP
39 Feb. 12, 2003

MOTION by plaintiff for leave to file a response to the brief of the National Multi-Housing Council and the National Apartment Association as Amici Curiae (ew) (Entered: 02/13/2003)

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40 Feb. 13, 2003

ANSWER by plaintiff USA to brief of the National Multi-Housing Council and the National Apartment Association as Amici Curiae [36-1] with attachments (ew) (Entered: 02/14/2003)

RECAP
41 Feb. 13, 2003

ORDER by Judge Victoria A. Roberts granting motion for leave to file a response to the brief of the National Multi-Housing Council and the National Apartment Association as Amici Curiae by USA [39-1] [EOD Date 2/14/03] (ew) (Entered: 02/14/2003)

RECAP
42 Feb. 20, 2003

APPLICATION by plaintiff USA for leave to file a supplemental brief (dh) (Entered: 02/21/2003)

RECAP
43 Feb. 21, 2003

MEMORANDUM opinion and order by Judge Victoria A. Roberts denying motion to transfer case to the Northern District of Indiana by defendants [33-1], granting motion to amend complaint [1-1] by USA [27-1], denying motion for preliminary injunction by USA [27-2] with proof of service [EOD Date: 2/24/03] (dh) (Entered: 02/24/2003)

RECAP
44 Feb. 21, 2003

DECLARATION of William B. Milzarski with notice of filing (dh) (Entered: 02/24/2003)

RECAP
45 Feb. 21, 2003

ORDER by Judge Victoria A. Roberts, designating Frederick Bank and Andrew Sandler as lead counsel of the Rose defendants with proof of service [EOD Date 2/24/03] (dh) (Entered: 02/24/2003)

RECAP
46 Feb. 25, 2003

MOTION by plaintiff USA to compel the Rose defendants to permit inspections and respond to the United States' first sets of interrogatories and document requests with brief, attachments 1-12, proof of service (dh) (Entered: 02/26/2003)

RECAP
47 March 7, 2003

NOTICE filing affidavits of Gerald Peterson and James Saule, with proof of service. (RH) (Entered: 03/10/2003)

RECAP
53 March 10, 2003

AMENDED complaint 1 by plaintiff USA adding Gerald Peterson, Alexander V Bogaerts (RH) (Entered: 03/14/2003)

RECAP
48 March 11, 2003

ORDER by Judge Victoria A. Roberts with stipulation dismissing without prejudice motion to compel the Rose defendants to permit inspections and respond to the United States' first sets of interrogatories and document requests by USA [46-1] [EOD Date: 3/12/03] (RH) (Entered: 03/12/2003)

RECAP
49 March 12, 2003

EXHIBITS A and filed by defendant Dorchen Martin Assoc, with proof of service. (RH) (Entered: 03/13/2003)

RECAP
50 March 12, 2003

APPEAL by defendants of order [43-1] to USCA - FEE: PAID - Receipt #: 484149 (do) (Entered: 03/14/2003)

RECAP
51 March 14, 2003

PROOF of service of appeal notice [50-1] to USCA and counsel of record (do) (Entered: 03/14/2003)

RECAP
52 March 14, 2003

CERTIFIED copy of appeal notice by defendants [50-1] and docket transmitted to USCA (do) (Entered: 03/14/2003)

RECAP
54 March 14, 2003

NOTICE by the Court setting civil status conference for 2:30 5/15/03 (RH) (Entered: 03/17/2003)

RECAP
55 March 24, 2003

ACKNOWLEDGMENT from USCA of receipt of appeal notice of appeal & docket [52-1] (ew) (Entered: 03/25/2003)

RECAP
56 March 24, 2003

AFFIRMATIVE defenses by Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons (ew) (Entered: 03/25/2003)

RECAP
57 March 28, 2003

AFFIRMATIVE defenses by defendant Dorchen Martin Assoc (dh) (Entered: 03/31/2003)

RECAP
58 March 28, 2003

MOTION by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons for leave to exceed page limitation and to expedite briefing and hearing on motion to stay, modify, dissolve, or suspend preliminary injunction (dh) (Entered: 03/31/2003)

RECAP
59 March 31, 2003

TRANSCRIPT taken on 02/18/03 of motion for entry of preliminary injunction (dh) (Entered: 03/31/2003)

RECAP
65 March 31, 2003

JOINT APPEAL by defendants Gerald Peterson, James R. Saule, Eckert Wordell and Dorchen Martin Assoc of order [43-1] to USCA - FEE: PAID - Receipt 34782AA (do) (Entered: 04/02/2003)

RECAP
60 April 1, 2003

ORDER by Judge Victoria A. Roberts granting motion for leave to exceed page limitation by defendants [58-1], denying motion to expedite briefing and hearing on motion to stay, modify, dissolve, or suspend preliminary injunction by defendants [58-2] [EOD Date 4/2/03] (dh) (Entered: 04/02/2003)

RECAP
61 April 1, 2003

MOTION by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal with brief (dh) (Entered: 04/02/2003)

RECAP
62 April 1, 2003

EXHIBITS filed by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons in support of motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by defendantssssss [61-1] (dh) (Entered: 04/02/2003)

RECAP
63 April 1, 2003

APPENDIX by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by defendants [61-1] (dh) (Entered: 04/02/2003)

RECAP
64 April 1, 2003

PROOF of service by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of [63-1], [62-1], [61-1] (dh) (Entered: 04/02/2003)

RECAP
66 April 2, 2003

PROOF of service of joint appeal notice [65-1] to USCA and counsel of record (do) (Entered: 04/02/2003)

RECAP
67 April 2, 2003

CERTIFIED copy of joint appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Gerald Peterson [65-1] and docket transmitted to USCA (do) (Entered: 04/02/2003)

RECAP
68 April 2, 2003

TRANSCRIPT order form by Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons regarding appeal notice by defendants [50-1] requesting transcript(s) of: 02/18/03 -appeal case # 03-1316 (dh) (Entered: 04/03/2003)

RECAP
69 April 2, 2003

WAIVER of service sent on 3/11/03 and signed by defendant Alexander V Bogaerts - answer due 5/10/03 for Alexander V Bogaerts (dh) (Entered: 04/03/2003)

RECAP
70 April 8, 2003

AFFIRMATIVE defenses by Gerald Peterson, James R. Saule (kb) (Entered: 04/09/2003)

RECAP
71 April 8, 2003

AFFIRMATIVE defenses by Eckert Wordell (kb) (Entered: 04/09/2003)

RECAP
72 April 8, 2003

PROOF of service of [56-1], [60-1] (kb) (Entered: 04/09/2003)

RECAP
73 April 9, 2003

NOTICE by defendant Dorchen Martin Assoc of filing correspondence dated 02/19/03 including exhibits with proof of service (dh) (Entered: 04/11/2003)

RECAP
74 April 14, 2003

RESPONSE by USA to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending by defendants [61-1] with proof of service and attachments (ew) (Entered: 04/16/2003)

RECAP
75 April 18, 2003

ACKNOWLEDGMENT from USCA of receipt of appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Peterson [65-1] - appeal case # 03-1418 (lh) (Entered: 04/21/2003)

RECAP
76 April 28, 2003

AFFIRMATIVE defenses by defendant Alexander V Bogaerts with proof of service (lh) (Entered: 04/29/2003)

RECAP
77 April 28, 2003

TRANSCRIPT order form by counsel for defendant Eckert Wordell regarding appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Gerald Peterson [65-1] requesting transcript(s) of: (already on file) -appeal case # 03-1418 (lh) (Entered: 04/29/2003)

RECAP
78 April 29, 2003

SUPPLEMENT by plaintiff USA based on newly discovered evidence to response in opposition by USA [74-1] to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by Rose defendants [61-1] with attachments "A" and "B" and proof of service (lh) (Entered: 04/30/2003)

RECAP
79 May 1, 2003

DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f), with proof of service. (PP) (Entered: 05/02/2003)

RECAP
80 May 21, 2003

ORDER by Judge Victoria A. Roberts regarding discovery; with proof of service [EOD Date 5/22/03] (kb) (Entered: 05/22/2003)

RECAP
81 May 21, 2003

ORDER by Judge Victoria A. Roberts, referring all pretrial proceedings to Magistrate Judge Donald A. Scheer with proof of service [EOD Date 5/22/03] (kb) (Entered: 05/22/2003)

RECAP
82 May 21, 2003

APPEARANCE for Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney John M. O'Hara (kb) (Entered: 05/22/2003)

RECAP
83 May 28, 2003

APPEARANCE for defendants' Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Christopher B. Hanback, with proof of service. (PP) (Entered: 05/29/2003)

RECAP
84 May 29, 2003

PRETRIAL scheduling order by Judge Victoria A. Roberts - setting deadline for expert witness list for 11/21/03, setting deadline for witness list for 12/15/03, setting deadline for discovery for 3/15/04, setting deadline for filing motions for 2/15/04, setting deadline for filing dispositive motions for 5/15/04, setting settlement conference for 2:00 8/26/04, setting deadline for final pretrial order for 9/16/04, setting final pretrial conference for 10:00 10/7/04, setting civil non-jury trial for 9:00 10/19/04 (PP) (Entered: 05/30/2003)

RECAP
85 June 10, 2003

APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Andrew Sandler with proof of service (lh) (Entered: 06/12/2003)

RECAP
86 June 10, 2003

APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Alan J. Kriegel with proof of service (lh) Modified on 06/12/2003 (Entered: 06/12/2003)

RECAP
87 June 10, 2003

APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Kishka-Kamari M. Ford with proof of service (lh) (Entered: 06/12/2003)

RECAP
88 June 10, 2003

APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Jennifer L. Spaziano with proof of service (lh) (Entered: 06/12/2003)

RECAP
89 July 24, 2003

APPEARANCE for plaintiff USA of attorney Kevin M. Cremin, J. Michael Wiggins, Steven H. Rosenbaum,Timothy J. Moran, Harvey L. Handley, Ming-Yuen Meyer-Fong, Erin M. Richmond, Jeffrey G. Collins with proof of service (lh) (Entered: 07/25/2003)

RECAP
90 Sept. 30, 2003

NOTICE by USA of filing supplemental authority (ew) (Entered: 10/01/2003)

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91 Oct. 8, 2003

NOTICE by plaintiff USA of filing supplemental unpublished authority with attachment and proof of service (lh) (Entered: 10/09/2003)

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92 Oct. 9, 2003

STIPULATED amended scheduling order by Judge Victoria A. Roberts - setting deadline for amended pleadings for 5/15/04, setting deadline for expert witness list for 5/21/04, setting deadline for witness list for 6/15/04, setting deadline for filing discovery motions for 8/15/04, setting deadline for discovery for 9/15/04, setting deadline for filing dispositive motions for 11/15/04 and deadline for filing motions in limine to exclude expert testimony by 11/15/04 (lh) Modified on 10/14/2003 (Entered: 10/14/2003)

RECAP
93 Oct. 9, 2003

AMENDED scheduling order by Judge Victoria A. Roberts - setting deadline for amended pleadings for 5/15/04, setting deadline for expert witness list for 5/21/04, setting deadline for witness list for 6/15/04, setting deadline for filing discovery motions by 8/15/04, setting deadline for discovery for 9/15/03, setting deadline for filing dispositive motions for 11/15/04 and deadline for filing motions in limine to exclude expert testimony by 11/15/04 (lh) (Entered: 10/14/2003)

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94 Oct. 24, 2003

AMENDED PRETRIAL scheduling order by Judge Victoria A. Roberts - setting civil jury trial for 9:00 5/15/05 (RH) (Entered: 10/31/2003)

RECAP
95 Nov. 6, 2003

MOTION by defendants Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co and Occidental Dev Ltd for bifurcation of liability and damages issues with brief and proof of service (lh) Modified on 12/17/2003 (Entered: 11/10/2003)

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96 Nov. 13, 2003

ORDER by Judge Victoria A. Roberts with stipulation, setting deadline for discovery responses for 11/21/03 [EOD Date: 11/13/03] (lh) (Entered: 11/13/2003)

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97 Nov. 21, 2003

MOTION by plaintiff to compel discovery from Rose defendants with memorandum, exhibits 1-19, and proof of service. (PP) (Entered: 11/24/2003)

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98 Nov. 25, 2003

PROTECTIVE order by Judge Victoria A. Roberts related to financial information of defendant Eckert/Wordell Architects, P.C.[EOD Date: 11/26/03] (PP) (Entered: 11/26/2003)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 3, 2002

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division, Housing & Civil Enforcement Section

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Edward Rose Construction Co.

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Other Dockets:

Eastern District of Michigan 2:02-cv-73518

U.S. Court of Appeals for the Sixth Circuit 03-01316

U.S. Court of Appeals for the Sixth Circuit 03-01418

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 1,060,000

Order Duration: 2005 - 2010

Issues

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation