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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

Clearinghouse coding complete

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…

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 dwellings, 3) award monetary damages to persons harmed by Defendant's discriminatory practices, and 4) assess a civil penalty against the defendant.

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.

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)

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

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 ENTRY**NOTICE 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

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 6, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice, Civil Rights Division

Plaintiff Type(s):

Private 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

Owner of Burgundy Gardens, LLC (Rockland), 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)

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: $175,000

Order Duration: 2012 - 2015

Issues

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Race discrimination

Race:

Black