Case: Lowrey v. Beztak

2:06-cv-13408 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 27, 2006

Closed Date: July 29, 2009

Clearinghouse coding complete

Case Summary

An individual who uses a wheelchair and his mother filed this Fair Housing suit in the United States District Court for the Eastern District of Michigan on July 27, 2006. The plaintiff had moved into a ground floor unit in a development known as the Uptown Apartments, part of a "new urbanism" complex that includes about 300 apartments, a pool, club house, exercise gym, meeting areas and a business office. The developers had also cooperated with Canton Township to build adjacent shopping and en…

An individual who uses a wheelchair and his mother filed this Fair Housing suit in the United States District Court for the Eastern District of Michigan on July 27, 2006. The plaintiff had moved into a ground floor unit in a development known as the Uptown Apartments, part of a "new urbanism" complex that includes about 300 apartments, a pool, club house, exercise gym, meeting areas and a business office. The developers had also cooperated with Canton Township to build adjacent shopping and entertainment facilities.

When the plaintiff moved in, he discovered multiple accessibility problems inside the unit. Defendants assured him they would be fixed, but they never were. Additionally, at the front door to the apartment, there were concrete steps, making it impossible for him to enter. Instead, he had to use the back door after navigating driveways and parking lots whose slopes made entering his home treacherous.

The conditions at the development trapped the plaintiff in his home. His only outside access was the back parking lot. He was unable to get to the common areas and had virtually no contact with his neighbors.

Finally, after making repeated requests that the necessary modifications be made, the plaintiff filed suit against the owner/contrator, the architect, and the engineer responsible for constructing and operating the inaccessible development. His mother intervened as a plaintiff because the conditions, along with her own disabilities, made it extremely difficult for her to visit her son. The local fair housing center ("the FHC"), which had first taken the plaintiffs' complaint and investigated, also intervened, and on September 7, 2007, the individual plaintiffs filed an amended complaint adding Canton Township as a party.

After months of acrimonious meetings, the parties entered into various settlement agreements. The individual plaintiffs entered a confidential settlement agreement with the non-public-entity defendants for an undisclosed sum of money, plus attorney fees and costs, after significant modifications had been made, including rebuilding the front of the building to eliminate the steps. They then settled with the Township for $75,000.00 and retrofitting of sidewalks and curb ramps

On July 28, 2009, the FHC entered into a settlement with the owner/ contractor, engineering, and architect defendants requiring exterior modifications to the development, including accessible routes and parking, and interior modifications to the covered residential units including, at the request of the tenant, beveling exterior sides of primary entry doors, increasing turning space, retrofitting of bathrooms, and other modifications required by the Fair Housing Act and its implementing regulations. Defendants agreed to pay $45,000.00 in damages to the FHC.

The case was closed on July 29, 2009.

Summary Authors

Denise Heberle (8/30/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4963975/parties/lowery-v-beztak-properties-incorporated/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Morgan, Virginia M. (Michigan)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Attorneys(s) for Defendant

Amtsbuechler, Laura S. (Michigan)

Bennett, Kevin L. (Michigan)

Cronin, Timothy L. (Michigan)

Gleeson, Kevin J. (Michigan)

Grant, Gregory R. (Michigan)

Greden, Leigh (Michigan)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Morgan, Virginia M. (Michigan)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Attorneys(s) for Defendant

Amtsbuechler, Laura S. (Michigan)

Bennett, Kevin L. (Michigan)

Cronin, Timothy L. (Michigan)

Gleeson, Kevin J. (Michigan)

Grant, Gregory R. (Michigan)

Greden, Leigh (Michigan)

Kitay, Theresa L. (California)

Klemptner, Daniel A. (Michigan)

Mantese, Gerard V. (Michigan)

Rendiro, Brett A. (Michigan)

Rosati, Carol A (Michigan)

Rossman, Mark C. (Michigan)

Simmerer, John M. (Michigan)

Thompson, Craig S. (Michigan)

Other Attorney(s)

Dane, Stephen M. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Lowery v. Beztak Properties, Incorporated

July 29, 2009 Docket
1

Complaint

Lowery v. Beztak Properties, Inc.

July 27, 2006 Complaint
2

Amended Complaint

Lowrey v. Beztak Properties, Inc.

Sept. 20, 2006 Complaint
43

Motion for Preliminary Injunction

Lowrey v. Beztak Properties, Inc.

May 24, 2007 Pleading / Motion / Brief
53

Intervenor Complaint

Lowrey v. Beztak Properties, Inc.

June 6, 2007 Complaint
56

Memorandum of Partial Settltment and Further Sceduling Order

June 26, 2007 Order/Opinion
56

Memorandum of Partial Settlement and Further Scheduling Order

Lowrey v. Beztak Properties, Inc.

June 26, 2007 Order/Opinion
58

STIPULATED ORDER OF PARTIAL SETTLEMENT AND CONDITIONAL RELEASE

Lowrey v. Beztak Properties, Inc.

July 26, 2007 Order/Opinion
73

Amended Complaint

Lowery v. Beztak Properties, Inc.

Sept. 7, 2007 Complaint
93

Plaintiffs' Motion for Sanctions

Lowrey v. Beztak Properties, Inc.

June 17, 2008 Pleading / Motion / Brief

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4963975/lowery-v-beztak-properties-incorporated/

Last updated May 20, 2022, 2:43 a.m.

ECF Number Description Date Link
130

REPORT AND RECOMMENDATION to Deny 93 MOTION for Contempt and Sanctions filed by Michael Lowery, Marilyn Lowrey - Signed by Magistrate Judge Virginia M Morgan. (JJoh)

Dec. 31, 2008 RECAP
1

COMPLAINT filed by Michael Lowery against Beztak Properties, Incorporated, Receipt No: 6215−AA − Fee: $ 350.(BSoc, ) (Entered: 07/28/2006)

July 27, 2006
132

REPORT AND RECOMMENDATION to Deny 106 MOTION for Preliminary Injunction filed by Michael Lowery and Marilyn Lowrey - Signed by Magistrate Judge Virginia M Morgan. (JJoh)

Jan. 8, 2009 RECAP
3

STIPULATED ORDER Extending time to: Respond by 1/31/2007 to Amended Complaint as to Beztak Companies and Beztak Properties. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/01/2006)

Dec. 1, 2006
141

ORDER denying 93 Motion for Contempt; adopting 130 Report and Recommendation. Signed by District Judge Nancy G Edmunds. (CHem)

Jan. 27, 2009 RECAP
4

NOTICE of Appearance by Leigh Greden on behalf of Beztak Companies, Incorporated, Beztak Properties, Incorporated. (Greden, Leigh) (Entered: 12/12/2006)

Dec. 12, 2006
5

ORDER for Plaintiff to Show Cause why defendants (see order for names) should not be dismissed for failure to prosecute. Show Cause Response due by 2/14/2007. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/25/2007)

Jan. 25, 2007
144

ORDER denying 106 Motion for Preliminary Injunction; adopting 132 Report and Recommendation and cancelling 2/19/2009 hearing.. Signed by District Judge Nancy G Edmunds. (CHem)

Feb. 3, 2009 RECAP
6

NOTICE of Appearance by Kevin J. Gleeson on behalf of Looney Ricks Kiss. (Gleeson, Kevin) (Entered: 02/07/2007)

Feb. 7, 2007
7

NOTICE TO APPEAR: Settlement Conference set for 2/22/2007 10:00 AM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 02/09/2007)

Feb. 9, 2007
8

RESPONSE TO ORDER TO SHOW CAUSE by all plaintiffs. (Heberle, Denise) (Entered: 02/14/2007)

Feb. 14, 2007
9

STIPULATED ORDER extending time to answer as to Looney, Picks, Kiss: Responsive Pleading due by 3/12/2007. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 02/14/2007)

Feb. 14, 2007
10

SECOND STIPULATION AND ORDER Extending Deadline for Defendants to Respond to First Amended Complaint. Signed by Honorable Nancy G Edmunds. (SMar, ) (Entered: 02/16/2007)

Feb. 15, 2007

Re−Set Deadline: Settlement Conference re−set (time only)for 2/22/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem) (Entered: 02/20/2007)

Feb. 20, 2007
11

NOTICE of Appearance by John M. Simmerer on behalf of Looney Ricks Kiss. (Simmerer, John) (Entered: 02/20/2007)

Feb. 20, 2007
12

NOTICE of Appearance by Craig S. Thompson on behalf of Looney Ricks Kiss. (Thompson, Craig) (Entered: 02/21/2007)

Feb. 21, 2007

Minute Entry −Settlement Conference held on 2/22/2007 before Honorable Nancy G Edmunds. Disposition: held and continued to 4/5/2007 at 2:00 p.m. (CHem) (Entered: 02/22/2007)

Feb. 22, 2007
13

NOTICE of Appearance by Brett A. Rendeiro on behalf of Warner, Cantrell and Padmos, Incorporated. (Rendeiro, Brett) (Entered: 03/05/2007)

March 5, 2007
14

ATTORNEY APPEARANCE: Theresa L. Kitay appearing on behalf of Looney Ricks Kiss (Kitay, Theresa) (Entered: 03/08/2007)

March 8, 2007
15

STILULATED ORDER extending deadline to respond to first amended complaint to 4/13/2007. (CHem) (Entered: 03/15/2007). Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 03/15/2007)

March 15, 2007
16

[FILING ERROR− WRONG PARTY SELECTED, CORRECT PARTY FAIR HOUSING CENTER OF SOUTHEASTERN MICHIGAN, INCORPORATED; R11 PROPOSED ORDERS] MOTION to Intervene by Michael Lowery. (Attachments: # 1 Exhibit Exhibit A − Complaint# 2 Document Continuation Attachment − Order) (Dane, Stephen) Modified on 3/20/2007 (Martin, S.). (Entered: 03/20/2007)

March 20, 2007
17

SUPPLEMENTAL BRIEF re 16 MOTION to Intervene filed by Fair Housing Center of Southeastern Michigan, Incorporated. (Dane, Stephen) (Entered: 03/20/2007)

March 20, 2007
18

MOTION Unopposed motion for relief from obligation to specify local counsel by Fair Housing Center of Southeastern Michigan, Incorporated. (Dane, Stephen) (Entered: 03/20/2007)

March 20, 2007
19

ATTORNEY APPEARANCE: Leigh Greden appearing on behalf of Uptown Investors L. L. C., Monogram Homes (Greden, Leigh) (Entered: 04/04/2007)

April 4, 2007
20

CERTIFICATE OF SERVICE by Uptown Investors L. L. C., Monogram Homes Beztak Properties, Inc., and Beztak Companies, Inc. (Greden, Leigh) (Entered: 04/05/2007)

April 5, 2007
21

[FILING ERROR − R18; EXHIBITS, LABELING] RESPONSE to 16 MOTION to Intervene filed by Beztak Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Beztak Properties, Incorporated. (Attachments: # 1 Index of Exhibits Exhibit 1# 2 Exhibit Exhibit 2) (Greden, Leigh) Modified on 4/6/2007 (Martin, S.). (Entered: 04/06/2007)

April 6, 2007
22

NOTICE by Warner, Cantrell and Padmos, Incorporated re 16 MOTION to Intervene Notice of Opposition to Motion to Intervene (Rendeiro, Brett) (Entered: 04/06/2007)

April 6, 2007
23

RESPONSE to 16 MOTION to Intervene filed by Looney Ricks Kiss. (Kitay, Theresa) (Entered: 04/06/2007)

April 6, 2007
24

RESPONSE to 16 MOTION to Intervene filed by all plaintiffs. (Heberle, Denise) (Entered: 04/06/2007)

April 6, 2007
25

NOTICE of Appearance by Gerard V. Mantese on behalf of Biltmore Properties Companies, Incorporated. (Mantese, Gerard) (Entered: 04/10/2007)

April 10, 2007
26

STIPULATED ORDER Extending Deadline to Respond to First Amended Complaint. Responses due by 4/27/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 04/13/2007)

April 13, 2007
27

REPLY to Response re 16 MOTION to Intervene filed by Fair Housing Center of Southeastern Michigan, Incorporated. (Attachments: # 1 Index of Exhibits Exhibit Table of Contents# 2 Exhibit Exhibit A − Fair Housing Center v. Vilalge of Olde St. Andrews) (Dane, Stephen) (Entered: 04/13/2007)

April 13, 2007

Minute Entry −Settlement Conference held on 4/16/2007 before Honorable Nancy G Edmunds. (CHem) (Entered: 04/16/2007)

April 16, 2007
28

ORDER REFERRING OTHER MATTERS to Magistrate Judge Morgan: Serve as Special Master. Signed by Honorable Nancy G Edmunds (SMar) (Entered: 04/16/2007)

April 16, 2007
29

NOTICE of Joinder/Concurrence in 21 Response to Motion, filed by Beztak Properties, Incorporated, Monogram Homes, Uptown Investors L. L. C., Beztak Companies, Incorporated by Biltmore Properties Companies, Incorporated (Mantese, Gerard) (Entered: 04/19/2007)

April 19, 2007
30

STIPULATION AND ORDER extending time to respond to 2 Amended Complaint Response due by 5/7/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 04/25/2007)

April 25, 2007
31

NOTICE of hearing on 18 MOTION Unopposed motion for relief from obligation to specify local counsel, 16 MOTION to Intervene. Motion Hearing set for 6/13/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 04/27/2007)

April 27, 2007
32

ANSWER to Amended Complaint with Affirmative Defenses by Biltmore Properties Companies, Incorporated. (Mantese, Gerard) (Entered: 05/04/2007)

May 4, 2007
33

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Looney Ricks Kiss. (Kitay, Theresa) (Entered: 05/06/2007)

May 6, 2007
34

NOTICE TO APPEAR: Settlement Conference set for 6/5/2007 10:30 AM before Honorable Virginia M Morgan (BRad, ) (Entered: 05/07/2007)

May 7, 2007
35

MOTION for Leave to File Second Amended Complaint and Memorandum in Support by Michael Lowery. (Attachments: # 1 Proposed Second Amended

May 7, 2007
37

ANSWER to Amended Complaint with Affirmative Defenses by Warner, Cantrell and Padmos, Incorporated. (Rendeiro, Brett) (Entered: 05/07/2007)

May 7, 2007
38

NOTICE TO APPEAR: Settlement Conference rescheduled to 6/7/2007 10:00 AM before Honorable Virginia M Morgan (BRad, ) (Entered: 05/10/2007)

May 10, 2007
39

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Warner, Cantrell and Padmos, Incorporated (Rendeiro, Brett) (Entered: 05/14/2007)

May 14, 2007
40

CERTIFICATE OF SERVICE by Warner, Cantrell and Padmos, Incorporated for Statement of Disclosure of Corporate Affiliations &Financial Interest (Rendeiro, Brett) (Entered: 05/14/2007)

May 14, 2007
41

NOTICE of hearing on 35 MOTION for Leave to File Second Amended Complaint and Memorandum in Support . Motion Hearing set for 6/13/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 05/16/2007)

May 16, 2007
42

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Looney Ricks Kiss (Kitay, Theresa) (Entered: 05/18/2007)

May 18, 2007
43

MOTION for Preliminary Injunction Under Title III of the ADA by all plaintiffs. (Attachments: # 1 Exhibit Declaration of Mike Lowery# 2 Exhibit Declaration of Marilyn Lowrey# 3 Exhibit Declaration of Megan Buffington) (Heberle, Denise) (Entered: 05/24/2007)

May 24, 2007
44

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Beztak Companies, Incorporated (Greden, Leigh) (Entered: 05/30/2007)

May 30, 2007
45

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Beztak Properties, Incorporated (Greden, Leigh) (Entered: 05/30/2007)

May 30, 2007
46

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Monogram Homes (Greden, Leigh) (Entered: 05/30/2007)

May 30, 2007
47

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Uptown Investors L. L. C. (Greden, Leigh) (Entered: 05/30/2007)

May 30, 2007
48

NOTICE by Beztak Companies, Incorporated, Biltmore Properties Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Warner, Cantrell and Padmos, Incorporated, Looney Ricks Kiss, Beztak Properties, Incorporated of Concurrence with Third−Party Fair Housing Center's Motion to Intervene (Greden, Leigh) (Entered: 05/31/2007)

May 31, 2007
49

NOTICE by Beztak Companies, Incorporated, Biltmore Properties Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Warner, Cantrell and Padmos, Incorporated, Looney Ricks Kiss, Beztak Properties, Incorporated of Defendant's Concurrence with Plaintiff's Motion to File Second Amended Complaint (Greden, Leigh) (Entered: 05/31/2007)

May 31, 2007
50

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Biltmore Properties Companies, Incorporated (Mantese, Gerard) (Entered: 05/31/2007)

May 31, 2007
51

ORDER Staying Response and Reply deadlines re 43 MOTION for Preliminary Injunction Under Title III of the ADA filed by Michael Lowery. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 06/05/2007)

June 5, 2007
53

INTERVENOR COMPLAINT filed by Fair Housing Center of Southeastern Michigan, Incorporated against Beztak Companies, Incorporated, Biltmore Properties Companies, Incorporated, Uptown Investors L. L. C., Uptown Investors L. L. C. II, Monogram Homes, Warner, Cantrell and Padmos, Incorporated, Looney Ricks Kiss, Beztak Properties, Incorporated. (Dane, Stephen) (Entered: 06/06/2007)

June 6, 2007
54

STIPULATED ORDER extending deadline to respond to Intervenor Plaintiff's Complaint: Response due by 8/1/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 06/18/2007)

June 18, 2007
55

CERTIFICATE OF SERVICE by Beztak Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Beztak Properties, Incorporated re 35 MOTION for Leave to File Second Amended Complaint and Memorandum in Support of proposed Stipulated Order Extending Deadline for Certain Defendants to Respond to Plaintiffs' Second Amended Complaint (Greden, Leigh) (Entered: 06/25/2007)

June 25, 2007
56

MEMORANDUM of Partial Settlement and Further Scheduling Order: Continuation of Settlement Conference set for 9/20/2007 10:00 AM before Honorable Virginia M Morgan − Signed by Honorable Virginia M Morgan. (JJoh) (Entered: 06/26/2007)

June 26, 2007
57

ORDER to Extend Time to answer Second Amended Complaint as tgo Certain Defendants; Answers due by 8/1/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/10/2007)

July 10, 2007
58

STIPULATED ORDER OF PARTIAL SETTLEMENT and CONDITIONAL RELEASE. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/26/2007)

July 26, 2007
59

Signature Pages to re 58 Stipulated Order Of Partial Settlement. (CGre) (Entered: 07/27/2007)

July 26, 2007
60

Stipulated Order extending deadline for certain defendants to respond to second amended complaint: response due 9/21/2007. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/30/2007)

July 30, 2007
61

[FILING ERROR − RULE 18 − NO INDEX OF EXHIBITS AND LABELING OF EXHIBITS] MOTION for Attorney Fees by Michael Lowery. (Attachments: # 1 # 2 # 3) (Heberle, Denise) Modified on 8/7/2007 (Greyerbiehl, C.). (Entered: 08/06/2007)

Aug. 6, 2007
62

INDEX of Exhibits re 61 MOTION for Attorney Fees by Michael Lowery and Marilyn Lowery (Heberle, Denise) (Entered: 08/10/2007)

Aug. 10, 2007
63

RESPONSE to 61 MOTION for Attorney Fees and Costs filed by Beztak Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Beztak Properties, Incorporated. (Greden, Leigh) (Entered: 08/23/2007)

Aug. 23, 2007
64

RESPONSE to 61 MOTION for Attorney Fees filed by Warner, Cantrell and Padmos, Incorporated. (Rendeiro, Brett) (Entered: 08/23/2007)

Aug. 23, 2007
65

[FILING ERROR − WRONG EVENT SELECTED; DOCUMENT IS CONCURRENCE]RESPONSE to 61 MOTION for Attorney Fees in Concurrence with Defendants Beztak Properties, Beztak Companies, Uptown Investors and Monotram Homes' Response filed by Biltmore Properties Companies, Incorporated. (Rossman, Mark) Modified on 8/24/2007 (Martin, S.). (Entered: 08/24/2007)

Aug. 24, 2007
66

NOTICE of Appearance by Mark C. Rossman on behalf of Biltmore Properties Companies, Incorporated. (Rossman, Mark) (Entered: 08/24/2007)

Aug. 24, 2007
68

NOTICE TO APPEAR: Settlement Conference continued to 10/23/2007 10:00 AM before Honorable Virginia M Morgan (BRad, ) (Entered: 08/28/2007)

Aug. 28, 2007
69

ORDER granting 67 Motion to Withdraw Document 43.. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 09/05/2007)

Sept. 5, 2007
70

RESPONSE to 61 MOTION for Attorney Fees filed by Looney Ricks Kiss. (Kitay, Theresa) (Entered: 09/05/2007)

Sept. 5, 2007
71

NOTICE of Appearance by John Mark Finnegan on behalf of Michael Lowery. (Finnegan, John) (Entered: 09/05/2007)

Sept. 5, 2007
72

REPLY to Response re 61 MOTION for Attorney Fees filed by Michael Lowery. (Attachments: # 1 Exhibit Supplemental Declaration of Attorney J. Mark Finnegan) (Finnegan, John) (Entered: 09/05/2007)

Sept. 5, 2007
73

AMENDED COMPLAINT (Second) filed by Michael Lowery against all defendants. (Heberle, Denise) (Entered: 09/07/2007)

Sept. 7, 2007
74

[FILING ERROR − RULE 11] STIPULATION Stipulated Order Extending Deadline for Certain Defendant's to Respond to Plaintiffs' Second Amended Complaint and Intervnor−Plaintiff's Complaint by Beztak Companies, Incorporated, Uptown Investors L. L. C., Monogram Homes, Beztak Properties, Incorporated (Greden, Leigh) Modified on 9/19/2007 (Greyerbiehl, C.). (Entered: 09/19/2007)

Sept. 19, 2007
75

[FILING ERROR APPEARANCE IS FOR ATTY TIMOTHY CRONIN NOT MR GRANT WILL BE REFILED ] ATTORNEY APPEARANCE: Gregory R. Grant appearing on behalf of Canton, Township of (Grant, Gregory) Modified on 10/4/2007 (Socia, B.). (Entered: 10/04/2007)

Oct. 4, 2007
76

ANSWER to Amended Complaint with Affirmative Defenses by Canton, Township of. (Grant, Gregory) (Entered: 10/04/2007)

Oct. 4, 2007
77

ATTORNEY APPEARANCE: Timothy L. Cronin appearing on behalf of Canton, Township of (Cronin, Timothy) (Entered: 10/04/2007)

Oct. 4, 2007
78

ORDER Extending Deadline to respond;. Responses due by 11/16/2007 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 10/22/2007)

Oct. 22, 2007

Minute Entry −Settlement Conference held on 10/23/2007 before Honorable Virginia M Morgan. Disposition: Partial settlement. (Tape #VMM 07−135) (JJoh) Modified on 10/24/2007 (Johnson, J.). (Entered: 10/24/2007)

Oct. 23, 2007
79

ORDER denying 61 Motion for Attorney Fees. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 11/01/2007)

Nov. 1, 2007
80

CERTIFICATE OF SERVICE by Beztak Companies, Incorporated, Biltmore Properties Companies, Incorporated, Uptown Investors L. L. C., Uptown Investors L. L. C. II, Monogram Homes, Warner, Cantrell and Padmos, Incorporated, Looney Ricks Kiss, Canton, Township of, Beztak Properties, Incorporated (Greden, Leigh) (Entered: 11/13/2007)

Nov. 13, 2007
81

Sealed Matter (BSoc) (Entered: 11/15/2007)

Nov. 14, 2007
82

STIPULATED ORDER Extending Deadline to respond to Second Amended Complaint; Responses due by 1/25/2008 Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 11/15/2007)

Nov. 15, 2007
83

ANSWER to Amended Complaint with Affirmative Defenses Answer to Second Amended Complaint by Beztak Companies, Incorporated, Biltmore Properties Companies, Incorporated, Uptown Investors L. L. C., Uptown Investors L. L. C. II, Monogram Homes, Beztak Properties, Incorporated. (Greden, Leigh) (Entered: 01/25/2008)

Jan. 25, 2008
85

ANSWER to Amended Complaint with Affirmative Defenses (Second Amended) by Biltmore Properties Companies, Incorporated. (Rossman, Mark) (Entered: 01/25/2008)

Jan. 25, 2008
86

ANSWER to Intervenor Complaint with Affirmative Defenses by Biltmore Properties Companies, Incorporated. (Rossman, Mark) (Entered: 01/25/2008)

Jan. 25, 2008
87

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Looney Ricks Kiss. (Kitay, Theresa) (Entered: 01/26/2008)

Jan. 26, 2008
88

ANSWER to Intervenor Complaint with Affirmative Defenses with Jury Demand by Looney Ricks Kiss. (Kitay, Theresa) (Entered: 01/27/2008)

Jan. 27, 2008
89

ANSWER to Intervenor Complaint with Affirmative Defenses by Warner, Cantrell and Padmos, Incorporated. (Rendeiro, Brett) (Entered: 01/29/2008)

Jan. 29, 2008
90

ANSWER to Amended Complaint with Affirmative Defenses by Warner, Cantrell and Padmos, Incorporated. (Rendeiro, Brett) (Entered: 01/29/2008)

Jan. 29, 2008
91

NOTICE TO APPEAR: Status Conference set for 4/15/2008 02:45 PM before District Judge Nancy G Edmunds (CHem) (Entered: 04/02/2008)

April 2, 2008
92

ATTORNEY APPEARANCE: Kevin L. Bennett appearing on behalf of Canton, Township of (Bennett, Kevin) (Entered: 05/19/2008)

May 19, 2008
93

MOTION for Contempt and Sanctions by Marilyn Lowrey, Michael Lowery. (Attachments: # 1 Exhibit Declaration of Marguerite Claire Finnegan) (Finnegan, John) (Entered: 06/17/2008)

June 17, 2008
94

ORDER REFERRING MOTION to Magistrate Judge Virginia M Morgan: 93 MOTION for Contempt and Sanctions filed by Michael Lowery, Marilyn Lowrey. Signed by District Judge Nancy G Edmunds. (CHem) (Entered: 06/23/2008)

June 23, 2008
95

NOTICE of hearing on 93 MOTION for Contempt and Sanctions : Responses due by 7/24/2008 and Motion Hearing set for 8/11/2008 at 10:00 AM before Magistrate Judge Virginia M Morgan . (JJoh) (Entered: 06/26/2008)

June 26, 2008
96

MOTION for Order Rescinding Order of Referral by Marilyn Lowrey, Michael Lowery. (Heberle, Denise) (Entered: 07/01/2008)

July 1, 2008
97

ORDER denying 96 Motion for Order to rescind order of reference and including that Magistrate Judge Morgan shall prepare a report and recommendation.. Signed by District Judge Nancy G Edmunds. (CHem) (Entered: 07/02/2008)

July 2, 2008

State / Territory: Michigan

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: July 27, 2006

Closing Date: July 29, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual with mobility impairments and his mother and local fair housing center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Beztak Properties (Canton), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Access to public accommodations - privately owned

Barrier Removal

Bathrooms

Buildings

Housing

Parents (visitation, involvement)

Parking

Recreation / Exercise

Retaliation

Sidewalks

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run

Non-government for profit