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Case: United States v. Burgundy Gardens, LLC

7:10-cv-09099 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 6, 2010

Closed Date: 2015

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Case Summary

On December 6, 2010, the United States filed this lawsuit in the U.S. District Court for the Southern District of New York. The DOJ filed under 42 U.S.C. 3601 of the Fair Housing Act against the owner of the Burgundy Gardens Apartments, LLC. The U.S. Department of Justice asked the Court to 1) declare that the defendant's conduct was a violation of the Fair Housing Act, 2) enjoin the defendant and its workers from continuing to discriminate on the basis of race or color in the rental of dwelli…

Specifically, the plaintiff alleged that the defendant engaged in racially discriminatory housing practices at Burgundy Gardens Apartments by failing to inform African-American prospective tenants about available apartments, telling African Americans prospective tenants that the prices for rental apartments were higher than the prices quoted to similarly situated non-African-America persons, and failing to show African-American prospective tenants available apartments, while at the same time, showing similarly situated non-African American persons available apartments and negotiating for the rental of such apartments.

On April 4, 2012, the parties reached a settlement in which the defendant was enjoined from discriminating against any person in terms, conditions, or privileges of renting a dwelling because of race. The defendant also agreed to implement a Nondiscrimination Policy and to notify the public of its implementation. The defendant paid $150,000 to those harmed by its discriminatory practices. The defendant paid an additional $25,000 to the United States as a civil penalty.

On June 13, 2016, Judge Kenneth M. Karas ordered the defendant to distribute $65,055.20 of the settlement fund to Legal Aid Society of Rockland County and New York Legal Assistance Group.

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Summary Authors

Asma Husain (1/31/2016)

Clearinghouse (1/31/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4348463/parties/united-states-v-burgundy-gardens-llc/

Judge(s)

Karas, Kenneth M. (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

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

Jones, David S (New York)

Perez, Thomas E. (District of Columbia)

Attorneys(s) for Defendant

Chew, Elizabeth Ann (New York)

Drogin, Laura Scott (New York)

Judge(s)

Karas, Kenneth M. (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Filor, Daniel (New York)

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

Jones, David S (New York)

Perez, Thomas E. (District of Columbia)

Attorneys(s) for Defendant

Chew, Elizabeth Ann (New York)

Drogin, Laura Scott (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
7:10-cv-09099	Docket [PACER]	June 13, 2013	June 13, 2013 Docket
1 7:10-cv-09099	Complaint United States v. Burgundy Gardens, Inc.	Dec. 6, 2010	Dec. 6, 2010 Complaint
9 7:10-cv-09099	Consent Decree United States v. Burgundy Gardens, Inc.	April 16, 2012	April 16, 2012 Order/Opinion
	Press Release United States v. Burgundy Gardens, Inc. No Court	April 18, 2012	April 18, 2012 Press Release
10 7:10-cv-09099	Settlement Fund Order United States of America v. Burgundy Gardens, LLC	April 29, 2013	April 29, 2013 Order/Opinion
11 7:10-cv-09099	Endorsed Letter Addressed to Judge Kenneth M. Karas from Daniel P. Filor and David S. Jones	June 13, 2013	June 13, 2013 Pleading / Motion / Brief
12 7:10-cv-09099	Fund Payment Order	June 13, 2013	June 13, 2013 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4348463/united-states-v-burgundy-gardens-llc/

Last updated Nov. 26, 2022, 3:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Burgundy Gardens, LLC. Document filed by United States Of America.(jma) (Entered: 12/09/2010)	Dec. 6, 2010	Dec. 6, 2010 RECAP
2	NOTICE OF APPEARANCE by Elizabeth Ann Chew on behalf of Burgundy Gardens, LLC (Chew, Elizabeth) (Entered: 03/07/2011)	March 7, 2011	March 7, 2011 PACER
3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Burgundy Gardens, LLC.(Chew, Elizabeth) (Entered: 03/07/2011)	March 7, 2011	March 7, 2011 PACER
4	ANSWER to Complaint. Document filed by Burgundy Gardens, LLC.(Chew, Elizabeth) (Entered: 03/07/2011)	March 7, 2011	March 7, 2011 PACER
5	CALENDAR NOTICE: The above captioned matter has been scheduled for a Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Monday, October 11, 2011 at 11:15 a.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. (Initial Conference set for 10/11/2011 at 11:15 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 9/29/2011) (lnl) (Entered: 09/29/2011)	Sept. 29, 2011	Sept. 29, 2011 PACER
6	DEFICIENT DOCKET ENTRYNOTICE of Substitution of Attorney. Old Attorney: Elizabeth Chew, New Attorney: Laurent S. Drogin, Address: Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY, USA 10018, (212) 216-8000. Document filed by Burgundy Gardens, LLC. (Rosenthal, Maxwell) Modified on 10/5/2011 (rj). (Entered: 10/04/2011)	Oct. 4, 2011	Oct. 4, 2011 PACER
7	STIPULATION AND ORDER: It is hereby stipulated and agreed that Tarter Krinsky & Drogin LLP, 1350 Broadway, New York, New York 10018, be substituted as attorneys of record for defendant Burgundy Gardens, LLC in the above captioned action, in place and stead of Fox Rothschild, LLP, 100 Park Avenue, New York, New York 10019. In addition, Fox Rothschild, LLP hereby withdraws as counsel of record for defendant Burgundy Gardens, LLC in this action. (Signed by Judge Kenneth M. Karas on 10/5/2011) (rj) (Entered: 10/06/2011)	Oct. 6, 2011	Oct. 6, 2011 PACER
8	CASE MANAGEMENT PLAN AND SCHEDULING ORDER:Movant's pre motion letter is due 5/10/2012, Non Movant's response is due 5/17/2012. Deposition due by 2/10/2012. Fact Discovery due by 2/10/2012. Case Management Conference set for 5/24/2012 at 11:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 10/11/2011) (rj) (Entered: 10/14/2011)	Oct. 14, 2011	Oct. 14, 2011 PACER
9	CONSENT DECREE: This Court has jurisdiction over the parties and the subject matter of this action. The Court shall retain jurisdiction over the parties to enforce and administer the terms of the Consent Decree for three years after the effective date of the Consent Decree. Each party to this litigation will bear its own costs and attorneys' fees associated with this litigation. As set forth in this Order. (Signed by Judge Kenneth M. Karas on 4/16/2012) (mml) (Entered: 04/18/2012)	April 17, 2012	April 17, 2012 PACER
10	SETTLEMENT FUND ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant shall pay Mrs. Zannetta Crenshaw the sum of eighty-five thousand dollars ($85,000.00) from the Settlement Fund. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/29/2013) (mml) (Entered: 04/29/2013)	April 29, 2013	April 29, 2013 PACER
11	ENDORSED LETTER addressed to Judge Kenneth M. Karas from Daniel P. Filor and David S. Jones dated 6/11/2013 re: Counsel requests that the Court issue an order directing Defendant to distribute to identified organizations, the remaining balance of the fund created by Defendant for the purpose of compensating persons whom the Court determines may have been harmed by Defendant's discriminatory rental practices. ENDORSEMENT: The Clerk of the Court is respectfully requested to docket this letter. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/13/2013) (mml) (Entered: 06/13/2013)	June 13, 2013	June 13, 2013 PACER
12	FUND PAYMENT ORDER: Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty-two thousand, five hundred, twenty-seven dollars and sixty cents ($32,527.60), to Legal Aid Society of Rockland County. Defendant shall distribute fifty percent (50%) of the $65,055.20 remaining in the Settlement Fund, i.e., thirty-two thousand, five hundred, twenty-seven dollars and sixty cents ($32,527.60), to New York Legal Assistance Group and designated to one of NYLAG's seven main units that deliver direct legal services to clients. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/13/2013) (mml) (Entered: 06/13/2013)	June 13, 2013	June 13, 2013 PACER