Case: United States v. Cogan

3:10-cv-00533 | U.S. District Court for the Western District of Kentucky

Filed Date: Aug. 10, 2010

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On August 10, 2010, the United States Department of Justice filed a lawsuit in the United States District Court for the Western District of Kentucky against owners, designers, builders and managers of an apartment complex, claiming the multifamily dwellings built for first occupancy after March 13, 1991 were not accessible to persons with disabilities in violation of the Fair Housing Act, 42 U.S.C. §3601-3619. The plaintiff sought injunctive, declaratory, and monetary relief.Specifically, Plain…

On August 10, 2010, the United States Department of Justice filed a lawsuit in the United States District Court for the Western District of Kentucky against owners, designers, builders and managers of an apartment complex, claiming the multifamily dwellings built for first occupancy after March 13, 1991 were not accessible to persons with disabilities in violation of the Fair Housing Act, 42 U.S.C. §3601-3619. The plaintiff sought injunctive, declaratory, and monetary relief.

Specifically, Plaintiff claimed that, among other things, the public use portions of the dwellings were unusable to persons with disabilities; that doors on ground floor units are not wide enought to allow passage by persons using wheelchairs, that the interior of the dwellings do not contain required features of adaptive design, such as accessible routes, light switches, electrical outlets, or useable batrooms and kitchens. Further, Plaintiff claimed that exterior areas including parking lots have excessive abrupt level changes, excessive running slopes, and cross slopes that make maneuvering wheelchairs and other mobility aids dangerous.

On December 8, 2011, the Court approved a three-year Consent Decree agreed to by the parties. Besides a general injunction against discrimination on the basis of disability, the decree required, among other things, specific retrofits to be made and reviewed by a neutral inspector, recordkeeping and release of information concering any new construction, training of employees as to the requirements of the decree, and a total payment of $275,000 to identified aggrieved persons.

On December 15, 2014, the Court (Judge Charles R. Simpson, III) entered an order upon the expiration of the Consent Decree. The United States did not move to extend the decree. The case was dismissed with prejudice.

Summary Authors

Denise Heberle (8/3/2012)

Asma Husain (2/14/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4268674/parties/united-states-v-cogan/


Judge(s)

Simpson, Charles Ralph III (Kentucky)

Attorneys(s) for Plaintiff

Crawford, Steven M. (Kentucky)

Hale, David Jason (Kentucky)

Lee, Ryan G. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Nobile, Emily (District of Columbia)

Schecter, Ben (Kentucky)

Attorneys(s) for Defendant

Brooks, Robert M. (Kentucky)

Coffey, Nicole M. (Kentucky)

Hodge, Brian (Kentucky)

Judge(s)

Simpson, Charles Ralph III (Kentucky)

Attorneys(s) for Plaintiff

Crawford, Steven M. (Kentucky)

Hale, David Jason (Kentucky)

Lee, Ryan G. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Nobile, Emily (District of Columbia)

Schecter, Ben (Kentucky)

Attorneys(s) for Defendant

Brooks, Robert M. (Kentucky)

Coffey, Nicole M. (Kentucky)

Hodge, Brian (Kentucky)

McConnell, Vic L. (Tennessee)

Orr, Jefferson C. (Tennessee)

Roberts, Erwin (Kentucky)

Documents in the Clearinghouse

Document

3:10-cv-00533

Docket

Dec. 15, 2014

Dec. 15, 2014

Docket
1

3:10-cv-00533

Complaint

Aug. 10, 2010

Aug. 10, 2010

Complaint
56

3:10-cv-00533

Consent Order

Dec. 10, 2011

Dec. 10, 2011

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268674/united-states-v-cogan/

Last updated Aug. 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America against Kevin D. Cogan; Edwynn Burckle; George E. Clark; Doris Cogan; Bayus, Inc.; James A. Hall; Mindel, Scott & Associates, Inc.; and A. Stanley Willett. (Attachments: # 1 Cover Sheet) (RLK) (Entered: 08/10/2010)

2 Cover Sheet

View on PACER

Aug. 10, 2010

Aug. 10, 2010

RECAP
2

Case Assignment (Random Selection): Case Assigned to Judge Charles R. Simpson, III. Magistrate designation: Dave Whalin. (RLK) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
3

CLERK'S NOTICE to Counsel regarding the tendering of Summonses. (RLK) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

PACER
4

NOTICE of Appearance by Vic L. McConnell on behalf of Mindel, Scott & Associates, Inc. (McConnell, Vic) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
5

WAIVER OF SERVICE Returned Executed by United States of America. Kevin D. Cogan waiver sent on 8/12/2010, answer due 10/11/2010. (Lee, Ryan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
6

WAIVER OF SERVICE Returned Executed by United States of America. Edwynn Burckle waiver sent on 8/12/2010, answer due 10/11/2010. (Lee, Ryan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
7

WAIVER OF SERVICE Returned Executed by United States of America. Doris Cogan waiver sent on 8/12/2010, answer due 10/11/2010. (Lee, Ryan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
8

WAIVER OF SERVICE Returned Executed by United States of America. Mindel, Scott & Associates, Inc. waiver sent on 8/12/2010, answer due 10/11/2010. (Lee, Ryan) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
9

WAIVER OF SERVICE Returned Executed by United States of America. A. Stanley Willett waiver sent on 8/12/2010, answer due 10/11/2010. (Lee, Ryan) (Entered: 09/03/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
10

WAIVER OF SERVICE Returned Executed by United States of America. James A. Hall waiver sent on 8/19/2010, answer due 10/18/2010. (Lee, Ryan) (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
11

WAIVER OF SERVICE Returned Executed by United States of America. Bayus, Inc. waiver sent on 8/12/2010, answer due 10/12/2010. (Lee, Ryan) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
12

MOTION for Jefferson C. Orr to Appear Pro Hac Vice Filing fee $ 65, receipt number 0644-1121496.by Defendant Mindel, Scott & Associates, Inc. Responses due by 10/18/2010 (Attachments: # 1 Exhibit A - Certificate fo Good Standing for Jefferson Orr, # 2 Affidavit (Exhibit B) - of Jefferson Orr, # 3 Proposed Order granting Jefferson Orr to Practice Pro Hac Vice) (McConnell, Vic) (Entered: 09/24/2010)

1 Exhibit A - Certificate fo Good Standing for Jefferson Orr

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2 Affidavit (Exhibit B) - of Jefferson Orr

View on PACER

3 Proposed Order granting Jefferson Orr to Practice Pro Hac Vice

View on PACER

Sept. 24, 2010

Sept. 24, 2010

PACER
13

ORDER signed by Judge Charles R. Simpson, III on 9/30/2010, re 12 Motion to Appear Pro Hac Vice. Jefferson C. Orr is admitted pro hac vice on behalf of Defendant Mindel Scott Associates, Inc. cc: Counsel (RLK) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
14

NOTICE of Filing Summons by United States of America (Attachments: # 1 Summons) (Lee, Ryan) (Entered: 10/06/2010)

1 Summons

View on PACER

Oct. 6, 2010

Oct. 6, 2010

PACER
15

Summons Issued for pickup as to George E. Clark. (RLK) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

PACER
16

ANSWER to 1 Complaint with Jury Demand by Bayus, Inc.. (Brooks, Robert) (Entered: 10/11/2010)

Oct. 11, 2010

Oct. 11, 2010

PACER
17

ANSWER to 1 Complaint with Jury Demand by Mindel, Scott & Associates, Inc.. (McConnell, Vic) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
18

ANSWER to 1 Complaint and, CROSSCLAIM against Bayus, Inc., Edwynn Burckle, George E. Clark, Doris Cogan, Kevin D. Cogan, James A. Hall, Mindel, Scott & Associates, Inc. by A. Stanley Willett. (Hodge, Brian) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
19

ANSWER to 1 Complaint with Jury Demand by Doris Cogan. (Crawford, Steven) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
20

ANSWER to 1 Complaint with Jury Demand by Kevin D. Cogan. (Crawford, Steven) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
21

ANSWER to 1 Complaint with Jury Demand by Edwynn Burckle. (Crawford, Steven) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
22

ANSWER to 1 Complaint with Jury Demand by James A. Hall. (Roberts, Erwin) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
23

ANSWER to 18 CROSSCLAIM of A. Stanley Willett d/b/a Willett Engineering Co. by Mindel, Scott & Associates, Inc.. (McConnell, Vic) Modified on 10/14/2010: clarify filing (RLK). (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

PACER
24

SUMMONS Returned Executed by United States of America. George E. Clark served on 10/7/2010, answer due 10/28/2010. (Lee, Ryan) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
25

ANSWER to 1 Complaint with Jury Demand by George E. Clark. (Crawford, Steven) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
26

ORDER (EBOC) by Judge Charles R. Simpson, III on 1/7/2011. Matter referred to Magistrate Judge Dave Whalin for the purposes as set forth. Scheduling Conference is set for 2/9/2011 at 01:30 PM before Magistrate Judge Dave Whalin. Parties to meet at least twenty-one (21) days before the Scheduling Conference. Within fourteen (14) days after the meeting, one party shall file a written report of the planning meeting. Disclosures due within fourteen (14) days after the planning meeting. Conference Statement due seven (7) days prior to the Scheduling Conference. Magistrate Judge is further authorized to conduct a Settlement Conference.cc: Counsel (RLK) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
27

ORDER (EBOC) by Magistrate Judge Dave Whalin on 1/11/2011. Scheduling Conference previously set for 2/9/2011 is moved to 3/24/2011 at 11:30 AM before Magistrate Judge Dave Whalin.cc: Counsel (RLK) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
28

REPORT of Rule 26(f) Planning Meeting by Plaintiff United States of America, and Defendants Bayus, Inc., Edwynn Burckle, George E. Clark, Doris Cogan, Kevin D. Cogan, James A. Hall, Mindel, Scott & Associates, Inc., and A. Stanley Willett. (Lee, Ryan) Modified on 3/11/2011: added party filers (RLK). (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

PACER
29

ORDER RESCHEDULING RULE 16 (EBOC) by Magistrate Judge Dave Whalin on 3/23/2011. Rule 16 Hearing set for 3/24/2011 is continued to 5/23/2011 at 11:00 AM before Magistrate Judge Dave Whalin. cc: Counsel (RLK) (Entered: 03/23/2011)

March 23, 2011

March 23, 2011

PACER
30

RULE 26 INITIAL DISCLOSURE STATEMENT by A. Stanley Willett. (Hodge, Brian) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
31

RULE 26 INITIAL DISCLOSURE STATEMENT by Edwynn Burckle, George E. Clark, Doris Cogan, Kevin D. Cogan. (Crawford, Steven) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

PACER
32

RULE 26 INITIAL DISCLOSURE STATEMENT by James A. Hall. (Roberts, Erwin) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
33

Plaintiff United States' CONFERENCE STATEMENT re 29 Order, 26 Order Referring Case to Magistrate Judge,, 27 Order by United States of America. (Lee, Ryan) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
34

RULE 26 INITIAL DISCLOSURE STATEMENT by Mindel, Scott & Associates, Inc.. (Orr, Jefferson) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
35

CONFERENCE STATEMENT re 26 Order Referring Case to Magistrate Judge,, 27 Order by James A. Hall. (Roberts, Erwin) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

PACER
36

RULE 26 INITIAL DISCLOSURE STATEMENT by Bayus, Inc.. (Brooks, Robert) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

PACER
37

CONFERENCE STATEMENT re 26 Order Referring Case to Magistrate Judge,, by Bayus, Inc.. (Brooks, Robert) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

PACER
38

CONFERENCE STATEMENT re 26 Order Referring Case to Magistrate Judge,, 27 Order by Mindel, Scott & Associates, Inc.. (Orr, Jefferson) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

PACER
39

CONFERENCE STATEMENT re 26 Order Referring Case to Magistrate Judge,, 27 Order by A. Stanley Willett. (Hodge, Brian) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

PACER
40

CONFERENCE STATEMENT re 26 Order Referring Case to Magistrate Judge,, by Edwynn Burckle, George E. Clark, Doris Cogan, Kevin D. Cogan. (Crawford, Steven) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

PACER
41

NOTICE of Appearance by Ryan G. Lee on behalf of United States of America (Lee, Ryan) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
42

MEMORANDUM OF RULE 16 SCHEDULING CONFERENCE AND ORDER signed by Magistrate Judge Dave Whalin on 5/24/2011. Scheduling Conference was held on 5/23/2011. Rule 26(a)(1) Disclosure due by 4/25/2011. Expert Witness (Plaintiff) due by 9/23/2011. Expert Witness (Defendant) due by 1/25/2012. Motions for Joinder of Parties or Amended Pleadings due by 9/23/2011. Discovery due by 2/29/2012. Dispositive Motions due by 4/24/2012. Telephonic Status Conference is set for 7/27/2011 at 10:00 AM before Magistrate Judge Dave Whalin. Dates 8/1 - 8/5/2011, 8/11 & 8/12/2011, and 9/1, 9/2 & 9/9/2011 are available for a Settlement Conference. Parties to advise Chambers within ten (10) days as to the best date. cc: Counsel (RLK) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

PACER
43

ORDER FOR SETTLEMENT CONFERENCE signed by Magistrate Judge Dave Whalin on 6/6/2011. Settlement Conference is set for 9/9/2011 at 09:00 AM before Magistrate Judge Dave Whalin. Parties to submit a CONFIDENTIAL Settlement Statement to the Magistrate Judge, by mail, at least seven (7) days prior to the Conference. Parties to comply with the remainder of Order as set forth.cc: Counsel (RLK) (Entered: 06/06/2011)

June 6, 2011

June 6, 2011

PACER
44

NOTICE OF DEATH OF JAMES A. HALL by James A. Hall (Attachments: # 1 Supplement) (Roberts, Erwin) (Entered: 06/27/2011)

1 Supplement

View on PACER

June 27, 2011

June 27, 2011

PACER
45

ORDER RESCHEDULING SETTLEMENT CONFERENCE signed by Magistrate Judge Dave Whalin on 7/5/2011. Settlement Conference previously set for 9/9/2011 is RESCHEDULED for 9/26/2011 at 09:30 AM, and continuing on 9/27/2011, if necessary, before Magistrate Judge Dave Whalin.cc: Counsel (RLK) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
46

ORDER ON TELEPHONIC CONFERENCE (EBOC) by Magistrate Judge Dave Whalin on 7/27/11. Counsel participating for the pltf - Ryan Lee and Emily Nobile; for the dft - Steven Crawford, Robert Brooks, Erwin Roberts, Jefferson Orr, and Joe Moloney on behalf of Brian Hodge. Parties are continuing to discuss settlement proposals. Settlement conference previously scheduled for 9/26/11 and 9/27/11 shall remain on the Ct's docket. cc:counsel (SJS) (Entered: 07/27/2011)

July 27, 2011

July 27, 2011

PACER
47

MOTION to Substitute Party by Plaintiff United States of America Responses due by 10/14/2011 (Attachments: # 1 Exhibit A - June 28, 2011 Order of Jefferson County Court appointing Scott A. Hall Executor of Estate of James A. Hall, # 2 Proposed Order) (Lee, Ryan) (Entered: 09/20/2011)

1 Exhibit A - June 28, 2011 Order of Jefferson County Court appointing Scott A. Ha

View on PACER

2 Proposed Order

View on PACER

Sept. 20, 2011

Sept. 20, 2011

PACER
48

REPORT ON SETTLEMENT CONFERENCE by Magistrate Judge Dave Whalin on 10/3/11. A Settlement Conference was conducted on 9/26/11 and 9/27/11. Settlement negotiations were cccconducted but the parties were unable to reach an agreement. Parties will continue negotiations and the settlement conference shall resume on 11/28/2011 09:30 AM before Magistrate Judge Dave Whalin. Counsel shall comply with remainder of order as set forth.cc:counsel (SJS) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
49

RESPONSE to Motion re 47 MOTION to Substitute Party filed by James A. Hall. Replies due by 10/28/2011. (Roberts, Erwin) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
50

ORDER granting 47 Motion to Substitute Party. Scott Hall is SUBSTITUTED as the the defendant in this action.. Signed by Judge Charles R. Simpson, III on 10/19/11. cc:counsel (JBM) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
51

REPORT OF SETTLEMENT signed by Magistrate Judge Dave Whalin on 11/1/2011. Parties have reported an agreement as to the resolution of all matters in this case. Counsel to file a consent degree within sixty (60) days. Settlement Conference set for 11/28/2011 is REMANDED.cc: Counsel (RLK) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
52

REPORT OF SETTLEMENT by Magistrate Judge Dave Whalin on 11/1/11; The settlement conference set for 11/28/11 is REMANDED from the docket. cc:counsel (JBM) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
53

ORDER by Judge Charles R. Simpson, III on 11/2/2011 Dismissing Case as settled, with leave to reinstate within sixty (60) days if settlement is not consummated. cc: Counsel (CDF) (Entered: 11/03/2011)

Nov. 3, 2011

Nov. 3, 2011

PACER
54

ORDER by Judge Charles R. Simpson, III on 11/14/2011; order dismissing case as settled 53 is REMANDED; clerk directed to reopen matter; case to remain on court's active docket pending resolution of all issues.cc:counsel (TLB) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
55

Proposed Agreed Order/Stipulation UNOPPOSED Motion for Entry of Consent Order (Attachments: # 1 Proposed Order Consent Order) by United States of America. (Lee, Ryan) (Entered: 12/06/2011)

1 Proposed Order Consent Order

View on PACER

Dec. 6, 2011

Dec. 6, 2011

PACER
57

ORDER & JUDGMENT by Senior Judge Charles R. Simpson, III on 12/12/2014 Dismissing Case with prejudice. cc:counsel (JBM) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

56

CONSENT ORDER by Judge Charles R. Simpson, III on 12/7/2011; parties to comply as set forth in order.cc:counsel (TLB) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

RECAP

Case Details

State / Territory: Kentucky

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 10, 2010

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

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

New Cut Partnership, Private Entity/Person

Defendant Type(s):

Multi-family housing provider

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 275,000

Order Duration: 2011 - 2013

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Provide antidiscrimination training

Recordkeeping

Issues

General:

Access to public accommodations - privately owned

Record-keeping

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment