Case: Gonzales v. Katchen and Company

1:15-cv-00419 | U.S. District Court for the District of Colorado

Filed Date: March 3, 2015

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On March 3, 2015, two women affected by various disabilities filed this lawsuit in the District Court of Colorado under the Fair Housing Act, 42 U.S.C. § 3601. The plaintiffs sued Katchen and Company, a real estate management company. The plaintiffs, represented by legal services counsel, asked the court for a declaration that Katchen had violated the Federal Housing Act and appropriate equitable relief, claiming that Katchen had discriminated against the plaintiffs on the basis of their respec…

On March 3, 2015, two women affected by various disabilities filed this lawsuit in the District Court of Colorado under the Fair Housing Act, 42 U.S.C. § 3601. The plaintiffs sued Katchen and Company, a real estate management company. The plaintiffs, represented by legal services counsel, asked the court for a declaration that Katchen had violated the Federal Housing Act and appropriate equitable relief, claiming that Katchen had discriminated against the plaintiffs on the basis of their respective disabilities. Both plaintiffs had rented apartments from Katchen, only to be threatened with eviction because of their use of service dogs.

Both plaintiffs suffered from various physical and mental disabilities, including post-traumatic stress disorder, depression, severe diabetes, fibromyalgia and bipolar disorder. Upon renting from Katchen, both had supplied requested documentation concerning their service animals. Months after they had occupied their respective apartments, the plaintiffs each received a "Notice to Quite for Substantial Violation," citing the building's policy against pets.

On April 30, 2015, both parties filed a notice of settlement. On June 1, 2015, the Court (Judge R. Brooke Jackson) dismissed the case, ordering each party to pay their own attorney's fees.

Under the settlement, both plaintiffs were allowed to remain in their apartments with their service animals, without threat of future eviction. The settlement is confidential.

Summary Authors

Asma Husain (9/26/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541681/parties/gonzales-v-katchen-and-company/


Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Milstein, Brandt Powers (Colorado)

Morris, Sarah (Colorado)

Attorneys(s) for Defendant

Sulzer, Victor Lewis (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Milstein, Brandt Powers (Colorado)

Morris, Sarah (Colorado)

Attorneys(s) for Defendant

Sulzer, Victor Lewis (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Gonzales v. Katchen and Company

June 1, 2015 Docket
1

Complaint and Jury Demand

Gonzales v. Katchen and Company

March 2, 2015 Complaint
29

Order on Joint Stipulation for Dismissal with Prejudice

June 1, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5541681/gonzales-v-katchen-and-company/

Last updated May 20, 2022, 4:05 a.m.

ECF Number Description Date Link
1

COMPLAINT against KATCHEN AND COMPANY, George Turk, Helen Turk (Filing fee $ 400,Receipt Number 1082−4291906)Attorney Sarah Marie Morris added to party Traci Eaton(pty:pla), Attorney Sarah Marie Morris added to party Valerie Gonzales(pty:pla), filed by Traci Eaton, Valerie Gonzales. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Morris, Sarah) (Entered: 03/02/2015)

March 2, 2015
10

ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. Please see the order for details. By Judge R. Brooke Jackson on 3/3/2015. (rbjsec.)

March 3, 2015 RECAP
2

WITHDRAWN: MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Proposed Order (PDF Only))(Morris, Sarah) Modified on 3/5/2015 to withdraw per 15 tscha, ). (Entered: 03/02/2015)

March 2, 2015
29

ORDER on 28 Motion to Dismiss. This action is hereby dismissed with prejudice. Each party shall pay their own fees and costs in connection with this action. By Judge R. Brooke Jackson on 06/01/2015. (athom, )

June 1, 2015 RECAP
3

CERTIFICATE PURSUANT TO F.R.C.P 65(B)(1)(B) AND D.C.COLO.LCivR 65.1 by Plaintiffs Traci Eaton, Valerie Gonzales. (Morris, Sarah) (Entered: 03/02/2015)

March 2, 2015
4

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of Traci Eaton, Valerie GonzalesAttorney Timothy Patrick Fox added to party Traci Eaton(pty:pla), Attorney Timothy Patrick Fox added to party Valerie Gonzales(pty:pla) (Fox, Timothy) (Entered: 03/02/2015)

March 2, 2015
5

Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry. (agarc, ) (Entered: 03/02/2015)

March 2, 2015
6

SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (agarc, ) (Entered: 03/02/2015)

March 2, 2015
7

MEMORANDUM RETURNING CASE by Judge Lewis T. Babcock. (dkals, ) (Entered: 03/03/2015)

March 3, 2015
8

CASE REASSIGNED pursuant to 7 Memorandum Returning Case: This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 15−cv−00419−RBJ. (Text Only Entry) (dkals, ) (Entered: 03/03/2015)

March 3, 2015
9

MINUTE ORDER re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Traci Eaton, Valerie Gonzales. The Court directs the plaintiff set this motion for a hearing with notice to the defendants. Please contact Chambers at 303−844−4694 to obtain a hearing date. By Judge R. Brooke Jackson on 3/3/2015. Text Only Entry (rbjsec.) (Entered: 03/03/2015)

March 3, 2015
11

NOTICE of Entry of Appearance Limited by Victor Lewis Sulzer on behalf of All Defendants Attorney Victor Lewis Sulzer added to party Katchen and Company(pty:dft), Attorney Victor Lewis Sulzer added to party George Turk(pty:dft), Attorney Victor Lewis Sulzer added to party Helen Turk(pty:dft) (Sulzer, Victor) (Entered: 03/04/2015)

March 4, 2015
12

STIPULATION by Plaintiffs Traci Eaton, Valerie Gonzales. (Morris, Sarah) (Entered: 03/04/2015)

March 4, 2015
13

MOTION to Withdraw Document re 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Proposed Order (PDF Only))(Morris, Sarah) (Entered: 03/04/2015)

March 4, 2015
14

ORDER granting 13 MOTION to Withdraw Document re 2 MOTION for Temporary Restraining Order and Preliminary Injunction. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry(rbjsec. ) (Entered: 03/05/2015)

March 5, 2015
15

ORDER withdrawing 2 MOTION for Temporary Restraining Order and Preliminary Injunction. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry(rbjsec. ) (Entered: 03/05/2015)

March 5, 2015
16

SUMMONS Returned Executed by Traci Eaton, Valerie Gonzales. Katchen and Company served on 3/3/2015, answer due 3/24/2015; George Turk served on 3/9/2015, answer due 3/30/2015; Helen Turk served on 3/9/2015, answer due 3/30/2015. (Morris, Sarah) (Entered: 03/12/2015)

March 12, 2015
17

NOTICE of Entry of Appearance by Victor Lewis Sulzer on behalf of All Defendants (Sulzer, Victor) (Entered: 03/18/2015)

March 18, 2015
18

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Katchen and Company, George Turk, Helen Turk. (Attachments: # 1 Proposed Order (PDF Only))(Sulzer, Victor) (Entered: 03/18/2015)

March 18, 2015
19

ORDER granting 18 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Katchen and Company, George Turk, Helen Turk. The defendants' answer is now due by 4/20/2015. By Judge R. Brooke Jackson on 3/19/15. Text Only Entry(rbjsec. ) (Entered: 03/19/2015)

March 19, 2015
20

NOTICE of Entry of Appearance and Substitution of Counsel by Michael Grahame Milstein on behalf of All Defendants Attorney Michael Grahame Milstein added to party Katchen and Company(pty:dft), Attorney Michael Grahame Milstein added to party George Turk(pty:dft), Attorney Michael Grahame Milstein added to party Helen Turk(pty:dft) (Milstein, Michael) (Entered: 04/16/2015)

April 16, 2015
21

MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Katchen and Company, George Turk, Helen Turk. (Attachments: # 1 Proposed Order (PDF Only))(Milstein, Michael) (Entered: 04/17/2015)

April 17, 2015
22

ORDER granting 21 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Katchen and Company, George Turk, Helen Turk. The defendants' answer is now due by April 30, 2015. By Judge R. Brooke Jackson on 4/20/2015.(rbjsec. ) (Entered: 04/20/2015)

April 20, 2015
24

MINUTE ORDER re: 23 Notice of Settlement filed by George Turk, Katchen and Company, Helen Turk. In light of the notice of settlement, the Court requests that the parties file their dismissal paper on or before May 15, 2015. By Judge R. Brooke Jackson on 5/1/15. Text Only Entry (rbjsec. ) (Entered: 05/01/2015)

May 1, 2015
25

NOTICE of Settlement Updated Notice Regarding Settlement by Defendants Katchen and Company, George Turk, Helen Turk (Milstein, Michael) (Entered: 05/15/2015)

May 15, 2015
26

NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Michael G. Milstein has failed to comply with D.C.COLO.LCivR 5.1(a) and one or more of the following Electronic Case Filing Procedures(Civil Cases): 1.1, 1.3(f), 4.1(a), and/or 4.3, which mandate, with exceptions inapplicable here, that all documents filed in civil cases must be filed electronically, shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., No scanned documents), shall include a signature block with the filer's typed name, typed signature and must match the filers login and password (i.e. a filer may not use non−signatory's login and password to file a document). See ECF Procedure 4.3. Failure in the future to follow these procedures may lead to mandatory CM/ECF training. (Text Only Entry) (tscha, ) (Entered: 05/15/2015)

May 15, 2015
27

MINUTE ORDER re: 25 Notice of Settlement filed by George Turk, Katchen and Company, Helen Turk. The deadline to submit a dismissal paper is extended to 5/29/15. By Judge R. Brooke Jackson on 5/18/15. Text Only Entry (rbjsec. ) (Entered: 05/18/2015)

May 18, 2015
28

Stipulated MOTION to Dismiss with Prejudice by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Proposed Order (PDF Only))(Morris, Sarah) (Entered: 06/01/2015)

June 1, 2015

State / Territory: Colorado

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: March 3, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Gonzales and Eaton are "each an individual with a disability who uses a service dog, on her doctor’s advice, to assist with disability-related needs."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Helen Turk, George Turk (Lakewood, Jefferson), Private Entity/Person

Defendant Type(s):

Housing Authority

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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2015 - 2015

Content of Injunction:

Reasonable Accommodation

Issues

General:

Housing

Reasonable Accommodations

Discrimination-area:

Housing Sales/Rental

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Least restrictive environment

Mental impairment

Mobility impairment

Mental Disability:

Depression

Type of Facility:

Non-government for profit