Case: United States v. Biswas

2:09-cv-00683 | U.S. District Court for the Middle District of Alabama

Filed Date: July 21, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 21, 2009, the United States Department of Justice (DOJ) filed a lawsuit under the Fair Housing Act, 42 U.S.C. §3601, against Defendants, operators of the Rolling Oaks Apartments, in the United States District Court for the Middle District of Alabama. The lawsuit alleged race discrimination, and sought declaratory, injunctive, and monetary relief, along with civil penalties.The lawsuit was based on fair housing testing that DOJ had conducted between July 2008 and January 2009, in which…

On July 21, 2009, the United States Department of Justice (DOJ) filed a lawsuit under the Fair Housing Act, 42 U.S.C. §3601, against Defendants, operators of the Rolling Oaks Apartments, in the United States District Court for the Middle District of Alabama. The lawsuit alleged race discrimination, and sought declaratory, injunctive, and monetary relief, along with civil penalties.

The lawsuit was based on fair housing testing that DOJ had conducted between July 2008 and January 2009, in which rental agents made a series of racialized remarks, steering white testers away from certain locations, and implying that black applicants were more likely to fail criminal background checks. Both the DOJ and the defendants cross moved for summary judgment; the Court denied both sets of motions on December 10, 2010.

Shortly thereafter, the parties reached a settlement agreement. On February 02, 2011, the Court (Judge Mark E. Fuller) approved a four-year consent decree. The Decree enjoined Defendants from refusing to rent a dwelling or offer information about a dwelling on the basis of race or color; required Defendants to implement and notify the public of their nondiscrimination policy; develop and implement uniform nondiscriminatory standards and procedures for informing persons of available units; and to pay civil penalties assessed individually to Defendants that total $15,500.

The decree ended in 2015 without any further litigation, and the case is now closed.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5496588/parties/united-states-v-biswas/


Judge(s)

Fuller, Mark E. (Alabama)

Attorneys(s) for Plaintiff

Canary, Leura Garrett (Alabama)

Dubois, James J. (Alabama)

Holder, Eric H. Jr. (District of Columbia)

King, Loretta (District of Columbia)

Maurer, Michael S. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Yi, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

Bush, Anthony B. (Alabama)

Guillot, Joseph Charles (Alabama)

Judge(s)

Fuller, Mark E. (Alabama)

Attorneys(s) for Plaintiff

Canary, Leura Garrett (Alabama)

Dubois, James J. (Alabama)

Holder, Eric H. Jr. (District of Columbia)

King, Loretta (District of Columbia)

Maurer, Michael S. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Yi, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

Bush, Anthony B. (Alabama)

Guillot, Joseph Charles (Alabama)

Scott, Kenneth R. (Alabama)

Documents in the Clearinghouse

Document

Docket

Feb. 7, 2011 Docket
1

Complaint

July 21, 2009 Complaint
41

Memorandum Opinion and Order

2010 WL 5093545

Dec. 8, 2010 Order/Opinion
49

Consent Decree

Feb. 3, 2011 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5496588/united-states-v-biswas/

Last updated May 20, 2022, 2:28 a.m.

ECF Number Description Date Link
41

MEMORANDUM OPINION AND ORDER; that Defendant Biswas's 27 , Defendant Roberson's 29 , and Plaintiff United States' 25 Motions for Summary Judgment are hereby DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 12/8/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

1 Civil Appeals Checklist

View on PACER

Dec. 8, 2010 RECAP
1

COMPLAINT against Chandi Biswas, Kenneth R. Scott, Frankie L. Roberson filed by United States of America.(cc, ) (Entered: 07/27/2009)

July 21, 2009
50

FINAL JUDGMENT; Pursuant to the Consent Decree 49 filed by the parties and signed by the undersigned on February 3, 2011, it is hereby ORDERED that the case is DISMISSED. The Clerk of the Court is DIRECTED to enter this document on the civil docket sheet as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and close this file. Signed by Hon. Chief Judge Mark E. Fuller on 2/7/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )

1 Civil Appeals Checklist

View on PACER

Feb. 7, 2011 RECAP
2

Summons Issued; summons and complaint mailed by CMRRR to Chandi Biswas, Kenneth R. Scott, Frankie L. Roberson. (cc, ) (Entered: 07/27/2009)

July 27, 2009

NOTICE of Assignment to Magistrate Judge mailed to counsel for United States of America. (cc, ) (Entered: 07/27/2009)

July 27, 2009
3

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to plaintiff United States of America; Corporate Disclosures due by 8/10/2009. (Attachments: # 1 Corporate Conflict Standing Order)(cc, ) (Entered: 07/27/2009)

July 27, 2009
4

Corporate/Conflict Disclosure Statement by United States of America re 3 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Yi, Daniel) (Entered: 07/29/2009)

July 29, 2009
5

Return Receipt Card showing service of summons &complaint signed by: A. Bush for Chandi Biswas served on 7/28/2009, answer due 8/17/2009; Lindsey Massey for Frankie L. Roberson served on 7/28/2009, answer due 8/17/2009. (cc, ) (Entered: 07/30/2009)

July 29, 2009
6

Return Receipt Card showing service of summons &complaint signed by Ken Scott for Kenneth R. Scott served on 7/28/2009, answer due 8/17/2009. (cc, ) (Entered: 07/30/2009)

July 30, 2009
7

Defendant Frankie Roberson's ANSWER to 1 Complaint by Frankie L. Roberson.(Guillot, Joseph) (Entered: 07/31/2009)

July 31, 2009
8

Corporate/Conflict Disclosure Statement by Frankie L. Roberson. (Guillot, Joseph) (Entered: 07/31/2009)

July 31, 2009
10

Corporate/Conflict Disclosure Statement by Chandi Biswas. (Bush, Anthony) (Entered: 08/09/2009)

Aug. 9, 2009

NOTICE of Assignment to Magistrate Judge mailed to counsel for Chandi Biswas and to counsel for Frankie L. Roberson. (cc, ) (Entered: 08/10/2009)

Aug. 10, 2009
11

Case reassigned to Hon. Chief Judge Mark E. Fuller and Honorable Terry F. Moorer. Honorable Terry F. Moorer no longer assigned to the case as presiding judge. (cc, ) (Entered: 08/12/2009)

Aug. 12, 2009
12

ANSWER to 1 Complaint with Jury Demand by Chandi Biswas.(Bush, Anthony) (Entered: 08/12/2009)

Aug. 12, 2009
13

RULE 26(f) ORDER: Rule 26 Meeting Report due by 9/29/2009. Signed by Hon. Chief Judge Mark E. Fuller on 8/28/09. (br, ) (Entered: 08/28/2009)

Aug. 28, 2009
14

REPORT of Rule 26(f) Planning Meeting. (Yi, Daniel) (Entered: 09/29/2009)

Sept. 29, 2009
15

SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2011 in chambers before Hon. Chief Judge Mark E. Fuller; Jury Trial set for 1/31/2011 trial term in Montgomery before Hon. Chief Judge Mark E. Fuller; Amended Pleadings due by 2/19/2010; Discovery due by 6/25/2010; Motions due by 5/25/2010; Mediation Notice due by 6/21/2010. Signed by Hon. Chief Judge Mark E. Fuller on 10/5/2009. (cc, ) (Entered: 10/05/2009)

Oct. 5, 2009
16

ANSWER to 1 Complaint by Kenneth R. Scott.(jg, ) (Entered: 02/16/2010)

Feb. 14, 2010
17

Joint MOTION for Extension of Deadline for Motions for Summary Judgment and Discovery by Chandi Biswas. (Bush, Anthony) (Entered: 05/17/2010)

May 17, 2010
18

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kenneth R. Scott Corporate Disclosures due by 5/28/2010. (Attachments: # 1 Corporate Conflict Standing Order)(jg, ) (Entered: 05/18/2010)

May 18, 2010
19

ORDER; Upon consideration of the Joint Motion to Modify Scheduling Order/Extend Deadlines 17 filed on May 17, 2010, it is hereby ORDERED that the motion is GRANTED. The dispositive motion deadline is extended to and including July 23, 2010. The discovery completion deadline is extended to and including August 20, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 5/20/2010. (jg, ) (Entered: 05/20/2010)

May 20, 2010
20

SECOND Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Kenneth R. Scott. Corporate Disclosures due by 6/11/2010. (Attachments: # 1 Corporate Conflict Standing Order)(jg, ) (Entered: 06/01/2010)

June 1, 2010
21

NOTICE by Chandi Biswas, Frankie L. Roberson, United States of America of Settlement Conference (Guillot, Joseph) (Additional attachment(s) added on 6/23/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 06/21/2010)

June 21, 2010
22

NOTICE of Correction to 21 Notice of Settlement Conference. Notice of Correction is being filed this date to advise that the referenced document was filed on 6/21/2010 and did not have a corrected certificate of service attached.The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 06/23/2010)

June 23, 2010
23

MOTION for Extension of Time to Extend Summary Judgment and Discovery Deadlines by Chandi Biswas, Frankie L. Roberson (Bush, Anthony) Modified on 7/22/2010 to correct docket text and to remove Kenneth R. Scott as a filer (jg, (Entered: 07/22/2010)

July 22, 2010
24

ORDER; Upon consideration of the defendants' Motion to Extend Summary Judgment and Discovery Deadlines 23 filed on July 22, 2010, it is hereby ORDERED that the motion is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 7/22/2010. (jg, ) (Entered: 07/22/2010)

July 22, 2010
26

BRIEF/MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by United States of America. (Attachments: # 1 Exhibit A−List of Properties, # 2 Exhibit B−Deposition of Chandi Biswas, # 3 Exhibit C−Deposition of Kenneth R. Scott, # 4 Exhibit D−Deposition of Frankie Lenn Roberson, # 5 Exhibit E−Deposition of Mark Markley, # 6 Exhibit−F Audio Recording, # 7 Exhibit G−Deposition of Michael Aucoin, # 8 Exhibit H−Audio Recording of Michael Aucoin, # 9 Exhibit I−Inventory, # 10 Exhibit J−Deposition of Mark Markley, # 11 Exhibit K−Audio Recording of Mark Markley and Frank Roberson, # 12 Exhibit L−Declaration of Michael B. Goldstein)(jg, ) (Entered: 07/23/2010)

July 23, 2010
27

MOTION for Summary Judgment by Chandi Biswas. (Bush, Anthony) (Additional attachment(s) added on 7/26/2010: # 1 Corrected Certificate of Service) (jg, ). (Entered: 07/23/2010)

July 23, 2010
28

BRIEF/MEMORANDUM in Support re 27 MOTION for Summary Judgment filed by Chandi Biswas. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Bush, Anthony) Edited to restrict access ton personal information pursuant to the E−Government Act. (Additional attachment(s) added on 7/26/2010: # 9 Redacted Brief in Support of Motion for Summary Judgment, # 10 Redacted Exhibit A, # 11 Redacted Exhibit C) (jg, ). (Entered: 07/23/2010)

July 23, 2010
29

MOTION for Summary Judgment by Frankie L. Roberson. (Attachments: # 1 Exhibit Defedant Roberson's Memorandum in Support of Motion for Summary Judgment, # 2 Exhibit Exh A − Roberson Dep, # 3 Exhibit Exh B − Briggs Trans., # 4 Exhibit Exh C − Markley Trans., # 5 Exhibit Exh D − Halsey Trans., # 6 Exhibit Exh E − Plaintiff's Interrogatory Responses)(Guillot, Joseph) (Entered: 07/23/2010)

July 23, 2010

BRIEF/MEMORANDUM in Support re 29 MOTION for Summary Judgment filed by Frankie L. Roberson. No pdf for this docket entry. See 29 motion for summary judgment Exhibit 1. (jg, ) (Entered: 07/27/2010)

July 23, 2010
30

NOTICE of Correction re 27 MOTION for Summary Judgment: Notice of Correction is being filed this date to advise that the referenced document was filed on 7/23/2010 and did not have a corrected certificate of service attached listing all the attorneys of record. The corrected certificate of service is attached to this notice. (Attachments: # 1 Corrected Certificate of Service)(jg, ) (Entered: 07/26/2010)

July 26, 2010
31

ORDER; Upon consideration of the defendants' Motions for Summary Judgment 27 &29 filed on July 23, 2010, it is hereby ORDERED that the motions be submitted without oral argument on August 17, 2010. It is further ORDERED that the government file a response which shall include a brief and any evidentiary materials on or before August 10, 2010. The defendants may file a reply brief on or before August 17, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/27/2010. (jg, ) (Entered: 07/27/2010)

July 27, 2010
32

ORDER; Upon consideration of the government's Motion for Summary Judgment 25 filed on July 23, 2010, it is hereby ORDERED that the motion be submitted without oral argument on August 17, 2010. It is further ORDERED that the defendant file a response which shall include a brief and any evidentiary materials on or before August 10, 2010. The government may file a reply brief on or before August 17, 2010. Signed by Hon. Chief Judge Mark E. Fuller on 7/27/2010. (jg, ) (Entered: 07/27/2010)

July 27, 2010
33

RESPONSE in Opposition re 25 MOTION for Summary Judgment as to Liability filed by Frankie L. Roberson. (Attachments: # 1 Exhibit Brief in Opposition to Summary Judgment, # 2 Exhibit Exh A − Roberson Dep. Excerpts, # 3 Exhibit Exh B − Biswas Dep. Excerpts, # 4 Exhibit Exh C − Markley Trans. Excerpts, # 5 Exhibit Exh. D − Briggs Trans. Excerpts, # 6 Exhibit Exh E − Plaintiff Answers to Interrogatories, # 7 Exhibit Exh. F − Halsey Trans. Excerpts)(Guillot, Joseph) (Entered: 08/10/2010)

Aug. 10, 2010
35

RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by Chandi Biswas. (Bush, Anthony) (Entered: 08/10/2010)

Aug. 10, 2010
36

REPLY to Response to Motion re 25 MOTION for Summary Judgment as to Liability filed by United States of America. (Yi, Daniel) (Entered: 08/17/2010)

Aug. 17, 2010
37

REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by Frankie L. Roberson. (Attachments: # 1 Exhibit Reply Exhibits)(Guillot, Joseph) (Entered: 08/17/2010)

Aug. 17, 2010
38

REPLY to Response to Motion re 27 MOTION for Summary Judgment filed by Chandi Biswas. (Bush, Anthony) (Entered: 08/17/2010)

Aug. 17, 2010
39

ORDER; that this case is set for a pretrial hearing, as provided by Fed.R.Civ.P. 16, on January 7, 2011 at 9:30 A.M. in the Chambers of the undersigned, United States Courthouse, One Church Street, A−300, Montgomery, Alabama as further set out; TRIAL TERM COMMENCES: January 31, 2011 in Montgomery, Alabama. Signed by Hon. Chief Judge Mark E. Fuller on 12/7/2010. (jg, ) . (Main Document 39 replaced on 12/8/2010 and edited to add trial term date) (jg, ). (Entered: 12/07/2010)

Dec. 7, 2010

Set: Jury Trial set for 1/31/2011 trial term before Hon. Chief Judge Mark E. Fuller in Montgomery, AL pursuant to 39 order. (No pdf for this docket entry) (jg, ) (Entered: 12/08/2010)

Dec. 7, 2010
40

NOTICE of Correction re 39 Order: Notice of Correction is being filed this date to advise that the referenced document was filed on 12/7/2010 and did not have a correct pdf attached. The corrected pdf is attached to this notice. (Attachments: # 1 Corrected Order)(jg, ) (Entered: 12/08/2010)

Dec. 8, 2010
42

Joint MOTION for Extension of Deadline Sections 9, 10, and 11 of October 5, 2010 Scheduling Order by Chandi Biswas, Frankie L. Roberson, Kenneth R. Scott, United States of America. (Attachments: # 1 Text of Proposed Order)(Yi, Daniel) (Entered: 12/22/2010)

Dec. 22, 2010
43

ORDERED that the 42 Joint MOTION to Suspend 15 Scheduling Order is GRANTED with respect to Section 9 of the Scheduling Order relating to the filing and exchanging of witness information, and DENIED in all other respects; further ORDERED that a Telephone Status Conference is set for 12/28/2010 at 10:00 AM, to be arranged by counsel for Plf, before Hon. Chief Judge Mark E. Fuller. Signed by Hon. Chief Judge Mark E. Fuller on 12/22/2010. (furn: Calendar, kg)(wcl, ) (Entered: 12/22/2010)

Dec. 22, 2010
44

Joint MOTION To Enter Consent Decree Resolving Litigation by Chandi Biswas, Frankie L. Roberson, Kenneth R. Scott, United States of America. (Attachments: # 1 Text of Proposed Order Proposed Consent Decree)(Yi, Daniel) (Main Document 44 and (Attachment 1 replaced on 12/28/2010 to reflect the correct certificate of service and style of case) (jg, ). (Entered: 12/27/2010)

Dec. 27, 2010
45

NOTICE of Correction re 44 Joint MOTION To Enter Consent Decree Resolving Litigation: Notice of Correction is being filed this date to advise that the referenced documents were filed on 12/27/2010 and did not have a correct certificate of service attached and style of case. The corrected pdfs are attached to this notice. (Attachments: # 1 Corrected Joint Motion, # 2 Corrected Proposed Order)(jg, ) (Entered: 12/28/2010)

Dec. 28, 2010
46

ORDER; that 1. All deadlines and hearings previously set, including the trial and the pretrial, are CONTINUED GENERALLY. 2. On or before January 28, 2011, the parties shall resubmit their Joint Motion for Entry of Consent Order Between Plaintiffs United States and Defendants Chandi Biswis, Kenneth R. Scott, and Frankie Roberson. The resubmitted motion and proposed consent order shall be manually signed by all parties or their counsel. Signed by Hon. Chief Judge Mark E. Fuller on 12/28/2010. (jg, ) TERMINATED; Final Pretrial Conference 01/07/2011; Jury Trial 01/31/2011 (Entered: 12/28/2010)

Dec. 28, 2010

Minute Entry for proceedings held before Hon. Chief Judge Mark E. Fuller: Telephone Status Conference held on 12/28/2010 (No PDF attached). (kcg, ) (Entered: 12/30/2010)

Dec. 28, 2010
47

NOTICE of Change of Address by United States of America for Defendant Kenneth R. Scott. (Attachments: # 1 Redacted notice of change of address)(jg, ) Document has been edited to restrict access to personal information pursuant to the E−Government Act. Modified on 1/4/2011 (jg, ). (Entered: 01/04/2011)

Jan. 4, 2011
48

Joint Motion for Entry of Consent Order Between Plaintiffs United States and Defendants Chandi Biswas, Kenneth R. Scott, and Frankie L. Roberson by Chandi Biswas, Frankie L. Roberson, Kenneth R. Scott, United States of America. (Attachments: # 1 Proposed Order)(jg, ) (Entered: 01/04/2011)

Jan. 4, 2011

Mail Returned as Undeliverable. 43 order sent by CMRRR to Kenneth R. Scott returned with notation "return to sender not deliverable as addressed unable to forward". (jg, ) Modified on 1/24/2011 to clarify text (jg, ). (Entered: 01/11/2011)

Jan. 11, 2011

Mail Returned as Undeliverable. 43 order sent by regular mail to Kenneth R. Scott returned with notation "return to sender, not deliverable as addressed, unable to forward." (jg, ) Remailed to new address. Modified on 1/26/2011 to reflect that it was resent by regular mail (jg, ). (Entered: 01/24/2011)

Jan. 24, 2011
49

CONSENT DECREE. Signed by Hon. Chief Judge Mark E. Fuller on 2/3/2011. (jg, ) (Entered: 02/03/2011)

Feb. 3, 2011

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 21, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division

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

Rolling Oaks Apartments, Private Entity/Person

Case Details

Causes of Action:

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15,500

Order Duration: 2011 - 2015

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black