Case: United States v. One Boyertown Properties LP

5:20-cv-06249 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 11, 2020

Case Ongoing

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Case Summary

Background This is a case about accessibility for people with disabilities in senior living communities. On December 11, 2020, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit against fifteen companies who had designed, built, and/or owned fifteen buildings that housed independent living, assisted living, and memory care communities. The suit was filed in the U.S. District Court for the Eastern District of Pennsylvania. The DOJ sued the defendants under the F…

Background

This is a case about accessibility for people with disabilities in senior living communities. On December 11, 2020, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit against fifteen companies who had designed, built, and/or owned fifteen buildings that housed independent living, assisted living, and memory care communities. The suit was filed in the U.S. District Court for the Eastern District of Pennsylvania. The DOJ sued the defendants under the Fair Housing Act and the Americans with Disabilities Act (ADA), alleging that these facilities contained numerous violations that made them inaccessible for people with disabilities, and that this was a pattern or practice of discrimination by the defendants. They sought declaratory relief, injunctive relief, and monetary damages. The case was initially heard by Judge Joseph F. Leeson, Jr. However, Judge John M. Gallagher took over the case on April 7, 2022.

Complaint

The DOJ relied on property plans and inspections to allege that the buildings had been constructed and designed with inaccessible multifamily units and public spaces; the former violated the Fair Housing Act, and the latter violated both the Fair Housing Act and the ADA. In the complaint, the DOJ listed numerous alleged violations at each building. In public areas, the violations included various barriers that made the areas inaccessible for people using wheelchairs, such as high slopes on walkways and around accessible parking spaces, inaccessible routes to public amenities, high shelves and mailboxes, too little space around automatic door switches, and inaccessible public bathrooms. The DOJ alleged similarly inaccessible features in the units, including narrow doorways, inaccessible paths within rooms, bathrooms and kitchens without enough floor space, high electrical controls, and shower walls on which grab bars could not be installed.

The DOJ asked the court for declaratory judgment that the defendants had violated the Fair Housing Act and the ADA, and for injunctions requiring the defendants to retrofit their buildings to make them compliant as well as to ensure any future buildings they designed or built would be compliant. The DOJ also requested monetary damages to people who had been discriminated against by the defendants, as well as a civil penalty against the defendants.

There were three types of defendants in the case: the architectural firm that had designed the buildings, eight companies that had owned the buildings and been part of the design and construction process, and six companies that owned some of the buildings but had not been part of the design and construction process. The last were Rule 19 defendants, meaning that they had to be added to the lawsuit so that the relief the DOJ wanted, such as retrofits to the buildings, would be possible.

On March 1, 2021, the DOJ filed an amended complaint to fix the name of a defendant. A few weeks later, on March 22, the DOJ voluntarily dismissed the defendants Two Douglassville Properties and Care HSL Newtown Propco. About two weeks later, on April 8, a default was entered for the defendant AMC Delancey Traditions of Hershey Partners, which had failed to respond to the lawsuit. Two weeks later, on April 23, the DOJ again amended its complaint to remove the two defendants that it had voluntarily dismissed, and to add an additional defendant.

On the same day, April 23, the court granted the DOJ's unopposed motion to stay the case for 150 days so the parties could negotiate settlements. On September 14 of the same year, the court extended the stay for another two months. Two months later, on November 24, the court extended the stay until the parties had completed mediation in late February 2022. Another stay was granted on July 20, 2022, which was later extended through September 19, 2022.

1180 Ben Franklin Way

The first consent decree in this case, approved on November 2, 2021, was between the DOJ and a Rule 19 defendant, 1180 Ben Franklin Way. Ben Franklin Way agreed to let the DOJ access the building they owned and to let retrofits take place in their building if another defendant agreed to or was ordered to make retrofits. The decree would end either if either six months passed after the retrofits were done or if the case against Ben Franklin Way was dismissed.

LifeQuest Nursing Center

The second consent decree was approved on April 13, 2022, between the DOJ and the defendant LifeQuest Nursing Center. LifeQuest agreed to retrofit its properties to make them accessible in compliance with the Fair Housing Act and the ADA, and agreed to a general injunction forcing the company to comply with these laws in any future projects. It also paid $24,000 in damages to those discriminated against, and $14,000 as a civil penalty. The decree included a requirement that LifeQuest give quarterly reports, as well as reports on the compliance of any future building projects. The agreement contained other requirements, including that LifeQuest would educate its employees about Fair Housing Act and ADA compliance, inform past and present residents of the settlement, post signs about its non-discrimination policy in rental offices, and include a statement about accessibility on any advertising. The order would last until six months after the retrofits were done, or until the litigation ended, whichever came last.

J. Randolph Parry Architects

On March 6, 2022, the architectural firm, J. Randolph Parry Architects, filed a third-party complaint in which they alleged that the buildings’ violations were largely the fault of other parties rather than the firm itself. The firm sought to add thirty-nine other defendants that it alleged were at fault, including construction, engineering, and interior design firms. The firm also made three state law crossclaims against every other defendant in the case. The firm requested that the court exercise supplemental jurisdiction to bring these many state law claims into the present lawsuit. Later that month, on March 28, several defendants moved to dismiss the firm’s crossclaims, and two days later the DOJ filed a motion to strike or dismiss the third-party complaint.

Two months later, on May 24, the court granted the motion to dismiss filed by various parties against the architectural firm’s crossclaims and third-party complaint. The court held that including the numerous crossclaims and third-party claims would cause them to predominate over the original case, and that those claims involved many issues not relevant to the lawsuit. Therefore, the court declined to hear the architectural firm’s state law claims.

On April 29, 2022, J. Randolph Parry Architects moved for judgment on the pleadings, arguing that the DOJ’s lawsuit was barred by the federal statute of limitations and state statutes of repose because the alleged violations had occurred too many years ago.

Two months later, on June 22, the court denied the motion for judgment on the pleadings from the architectural firm. The firm had alleged that a five-year federal statute of limitations and ten- and twelve-year statutes of repose in New Jersey and Pennsylvania, respectively, prevented the DOJ from suing over properties that had been designed and built more than five, ten, or twelve years ago, which included several of the buildings in the lawsuit. However, the court held that since at least one of the buildings had been constructed within the statutes of limitations and repose, the laws did not prevent the DOJ from alleging a pattern or practice of discrimination that included all of the buildings that were part of that pattern or practice, even if some of them were constructed outside the statutes of limitations and repose.

On September 28, 2022, DOJ and J. Randolph Parry Architects agreed to a consent decree. The architectural firm paid $350,000 towards retrofits on the buildings, $75,000 in damages to those who had been discriminated against, and $25,000 as a civil penalty. It also agreed to a general injunction against discriminating in violation of the Fair Housing Act and ADA, and to a program for educating its employees about these laws. The firm was also required to inform the DOJ about the compliance of future projects, and to file yearly reports. The decree is slated to last forty-two months, until March 2026. The Court retained jurisdiction for enforcement purposes.

As of November 2022, the case is ongoing.

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Summary Authors

Micah Pollens-Dempsey (10/30/2022)

Documents in the Clearinghouse

	Document
1 5:20-cv-06249	Complaint and Demand for Jury Trial United States v. ONE BOYERTOWN PROPERTIES LP	Dec. 11, 2020	Dec. 11, 2020 Complaint
37 5:20-cv-06249	Plaintiff United States' Unopposed Motion to Stay Proceedings United States v. J. Randolph Parry Architects, P.C.	April 20, 2021	April 20, 2021 Pleading / Motion / Brief
41 5:20-cv-06249	Second Amended Complaint and Demand for Jury Trial United States v. J. Randolph Parry Architects, P.C.	April 23, 2021	April 23, 2021 Complaint
50 5:20-cv-06249	Consent Order Between the United States and 1180 Ben Franklin Way LLC United States of America v. J. Gandolph Parry Architects, P.C.	Nov. 2, 2021	Nov. 2, 2021 Order/Opinion
84 5:20-cv-06249	Lifequest Nursing Center Consent Order United States v. J. Randolph Parry Architects, P.C.	April 13, 2022	April 13, 2022 Order/Opinion
170 5:20-cv-06249	Memorandum Opinion United States v. ONE BOYERTOWN PROPERTIES LP	May 24, 2022	May 24, 2022 Order/Opinion
183 5:20-cv-06249	Memorandum Opinion United States v. ONE BOYERTOWN PROPERTIES LP	June 22, 2022	June 22, 2022 Order/Opinion
200 5:20-cv-06249	Consent Order Between Plaintiff United States and J. Randolph Parry Architects, P.C. United States v. J. Randolph Parry Architects, P.C.	Sept. 28, 2022	Sept. 28, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18736983/united-states-v-one-boyertown-properties-lp/

Last updated May 28, 2023, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(MARKS, LAUREN) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 Clearinghouse
2	INITIAL PROCEDURAL ORDER. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 12/11/20. 12/11/20 ENTERED AND COPIES E-MAILED. (DT) (Entered: 12/11/2020)	Dec. 11, 2020	Dec. 11, 2020 PACER
	Summons Issued	Dec. 11, 2020	Dec. 11, 2020 PACER
	Jury Demand	Dec. 11, 2020	Dec. 11, 2020 PACER
3	NOTICE of Appearance by JULIE JACKSON ALLEN on behalf of UNITED STATES OF AMERICA (ALLEN, JULIE) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 PACER
4	NOTICE TO Plaintiff that a review of the Courts records indicates that on December 11, 2020, Plaintiff filed a Complaint in the United States District Court for the Eastern District of Pennsylvania. In order to achieve the delay reduction goals set forth in the Civil Justice Reform Act of 1990, 28 U.S.C. §§ 471-482, Plaintiffs counsel is to serve the Summons and Complaint on all Defendants promptly. The Docket does not indicate that Plaintiff has properly served Defendants as of this date. If you have already properly served Defendants, you are to promptly file proof of service pursuant to Federal Rule of Civil Procedure 4(l). If you have not yet made proper service, you are to promptly serve Defendants and file proof of service with the Clerk of Court. If proof of service is not filed within thirty (30) days of the date of this Notice, the Court may dismiss this action pursuant to Federal Rule of Civil Procedure 4(m). (mas, ) (Entered: 02/12/2021)	Feb. 12, 2021	Feb. 12, 2021 PACER
5	NOTICE of Appearance by JOSEPH THOMAS KELLEHER on behalf of THE VIEWS AT PINE VALLEY I, LP (KELLEHER, JOSEPH) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
6	Disclosure Statement Form pursuant to FRCP 7.1 by THE VIEWS AT PINE VALLEY I, LP.(KELLEHER, JOSEPH) (Entered: 02/24/2021)	Feb. 24, 2021	Feb. 24, 2021 PACER
7	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. THE VIEWS AT PINE VALLEY I, LP waiver sent on 2/19/2021, answer due 4/20/2021. (MARKS, LAUREN) (Entered: 02/26/2021)	Feb. 26, 2021	Feb. 26, 2021 PACER
8	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. 1180 BEN FRANKLIN WAY LLC waiver sent on 2/19/2021, answer due 4/20/2021. (MARKS, LAUREN) (Entered: 02/26/2021)	Feb. 26, 2021	Feb. 26, 2021 PACER
9	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. LIFEQUEST NURSING CENTER waiver sent on 2/19/2021, answer due 4/20/2021. (MARKS, LAUREN) (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
10	AMENDED COMPLAINT against All Defendants All Defendants., filed by UNITED STATES OF AMERICA.(MARKS, LAUREN) (Additional attachment(s) added on 3/1/2021: # 1 CERTIFICATE OF SERVICE) (sg, ). (Entered: 03/01/2021)	March 1, 2021	March 1, 2021 PACER
	Summons Issued	March 1, 2021	March 1, 2021 PACER
	Summons Issued	March 2, 2021	March 2, 2021 PACER
11	NOTICE of Appearance by SAMANTHA BETH KATS on behalf of THE VIEWS AT PINE VALLEY I, LP (KATS, SAMANTHA) (Entered: 03/04/2021)	March 4, 2021	March 4, 2021 PACER
12	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. CARE HSL HARLEYSVILLE PROPCO LP waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
13	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. CARE HSL NEWTOWN PROPCO, LP waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
14	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. CARE HSL NEWTOWN PROPCO LLC waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
15	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. J. RANDOLPH PARRY ARCHITECTS, P.C. waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
16	AFFIDAVIT of Service by Capitol Process Services, Inc. re: served Amended Compliant upon Westrum Hanover, L.P., c/o David Lovitz, Principal and Authorized Signatory by personal on 3/4/2021 (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
17	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. LIFEQUEST NURSING CENTER waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
18	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. HCRI PENNSYLVANIA PROPERTIES, INC. waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
19	AFFIDAVIT of Service by ABC Legal Services re: served Amended Complaint upon AMC Delancey Traditions of Hershey Partners, LP by Corporate, personal service on 3/5/2021 (MARKS, LAUREN) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021 PACER
20	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. GAHC3 BOYERTOWN PA ALF, LLC waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
21	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. GAHC3 PALMYRA PA ALF, LLC waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
22	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. GAHC3 BETHLEHEM PA ILF, LLC waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
23	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. 1180 BEN FRANKLIN WAY LLC waiver sent on 3/3/2021, answer due 5/3/2021. (MARKS, LAUREN) (Entered: 03/15/2021)	March 15, 2021	March 15, 2021 PACER
24	ORDER OF 3/16/21 THAT PLAINTIFF IS ORDERD TO SERVE ONE BOYERTOWN PROPERTIES LP AND TWO DOUGLASSVILLE PROPERTIES LP ON OR BEFORE MARCH 26, 2021. PLAINTIFF IS ORDERED TO FILE PROOPF OF SERVICE ON OR BEFORE MARCH 30, 2021. IF ONE BOYERTOWN PROPERTIES LP AND TWO DOUGLASSVILLE PROPERTIES LP ARE NOT SERVED BYMARCH 26, 2021, THE COMPLAINT MAY BE DISMISSED WITHOUT FURTHER NOTICE. ETC.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/16/21. 3/16/21 ENTERED AND COPIES E-MAILED.(dt, )(COPIES NOT MAILED TO UNREP) (Entered: 03/16/2021)	March 16, 2021	March 16, 2021 PACER
	Remark	March 17, 2021	March 17, 2021 PACER
25	AFFIDAVIT of Service by Capitol Process Services, Inc. re: served Amended Complaint upon One Boyertown Properties, LP c/o David Lovitz, General Partner and Authorized Signatory by Corporate personal service on 3/18/2021 (MARKS, LAUREN) (Entered: 03/19/2021)	March 19, 2021	March 19, 2021 PACER
26	NOTICE of Voluntary Dismissal by UNITED STATES OF AMERICA As To Two Douglassville Properties, LP and Care HSL Newtown Propco, LLC(ALLEN, JULIE) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021 PACER
27	NOTICE of Appearance by MARISA RACHEL DEFEO on behalf of LIFEQUEST NURSING CENTER (Attachments: # 1 Certificate of Service)(DEFEO, MARISA) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
28	NOTICE of Appearance by WILLIAM CHRISTIAN MOFFITT on behalf of CARE HSL HARLEYSVILLE PROPCO LP, CARE HSL NEWTOWN PROPCO, LP, HCRI PENNSYLVANIA PROPERTIES, INC. with Certificate of Service(MOFFITT, WILLIAM) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 PACER
29	NOTICE to all Parties that a review of the Courts records indicates that Defendants, Westrum Hanover, LP and AMC Delancey Traditions of Hershey Partners, LP, have failed to timely respond to the Complaint.1If Plaintiff fails to take action to have a default entered against Defendants, Westrum Hanover, LP and AMC Delancey Traditions of Hershey Partners, LP, pursuant to Federal Rule of Civil Procedure 55(a) within ten (10) days of the date of this Notice, the Court may enter an Order dismissing said Defendants for lack of prosecution. (mas, ) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021 PACER
30	Consent MOTION for Extension of Time to File Response/Reply to Amended Complaint filed by ONE BOYERTOWN PROPERTIES LP, WESTRUM HANOVER, LP.Certificate of Service. (Attachments: # 1 Certificate of Service)(WEINER, GLENN) (Entered: 04/07/2021)	April 7, 2021	April 7, 2021 PACER
31	ORDER OF 4/7/21 THAT UPON CONSIDERATION OF DEFENDANTS WESTRUM HANOVER, L.P. AND ONE BOYERTOWN PROPERTIES LP'S CONSENT MOTION FOR EXTENSIONOF TIME TO RESPOND TO AMENDED COMPLAINT, IT IS HEREBY ORDERED AND DECREED THAT THE MOTION IS GRANTED. MOVING DEFENDANTS' RESPONSE TO THE AMENDED COMPLAINT SHALL BE DUE ON OR BEFORE MAY 3, 2021. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 4/7/21. 4/7/21 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES) (Entered: 04/07/2021)	April 7, 2021	April 7, 2021 PACER
32	STIPULATION AND ORDER OF 4/7/21 THAT THE DEADLINE FOR THE VIEW TO FILE AN ANSWER OR MOTION UNDER RULE 12 WITH RESPECT TO THE AMENDED COMPLAINT IS EXTENDED TO MAY 3, 2021. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 4/7/21. 4/7/21 ENTERED AND COPIES E-MAILED. (DT)(COPIES NOT MAILED TO UNREP PARTIES) Modified on 4/7/2021 (dt, ). (Entered: 04/07/2021)	April 7, 2021	April 7, 2021 PACER
33	Request for Default Pursuant to Federal Rule of Civil Procedure 55(a) UNITED STATES OF AMERICA against AMC DELANCEY TRADITIONS OF HERSHEY PARTNERS, LP. (Attachments: # 1 Exhibit Declaration of Lauren M. Marks)(MARKS, LAUREN) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
	Default Entered	April 8, 2021	April 8, 2021 PACER
	DEFAULT BY AMC DELANCEY TRADITIONS OF HERSHEY PARTNERS, LP FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (sg, )	April 8, 2021	April 8, 2021 PACER
	Default Entered (sg, )	April 8, 2021	April 8, 2021 PACER
	Clerks Entry of Default	April 8, 2021	April 8, 2021 PACER
	COPY OF ORDERS #31, #32 MAILED TO UNREPS (jpd, )	April 8, 2021	April 8, 2021 PACER
	Remark	April 8, 2021	April 8, 2021 PACER
34	NOTICE of Appearance by WILLIAM CHRISTIAN MOFFITT on behalf of CARE HSL NEWTOWN PROPCO LLC with Certificate of Service(MOFFITT, WILLIAM) (Entered: 04/13/2021)	April 13, 2021	April 13, 2021 PACER
35	Consent MOTION for Leave to File Second Amended Complaint filed by UNITED STATES OF AMERICA.Certification Pursuant to Local Rule 7.1(b) and Certificate of Service. (Attachments: # 1 Appendix 1 Second Amended Complaint)(ALLEN, JULIE) (Entered: 04/13/2021)	April 13, 2021	April 13, 2021 PACER
36	NOTICE of Appearance by THOMAS H. SUDDATH, JR on behalf of 1180 BEN FRANKLIN WAY LLC with Certificate of Service(SUDDATH, THOMAS) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
37	MOTION to Stay Proceedings filed by UNITED STATES OF AMERICA.Certification Pursuant to Local Rule 7.1(b) and Certificate of Service.(MARKS, LAUREN) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021 Clearinghouse
38	NOTICE of Appearance by ANTHONY D. CAPASSO on behalf of J. RANDOLPH PARRY ARCHITECTS, P.C. (CAPASSO, ANTHONY) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021 PACER
39	ORDER OF 4/23/21 THAT PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT IS GRANTED. THE CLERK IS DIRECTED TO DOCKET THE SECOND AMENDED COMPLAINT ATTACHED AS EXHIBIT 1 TO THE UNITED STATES' MOTION. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 4/23/21. 4/23/21 ENTERED AND COPIES E-MAILED. (DT) (COPIES NOT MAILED TO UNREP PARTIES) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
40	ORDER OF 4/23/21 THAT PLAINTIFF'S UNOPPOSED MOTION TO STAY THE PROCEEDINGS IS GRANTED AND THAT ALL PROCEEDINGS IN THE ABOVE-CAPTIONED MATTER ARE STAYED UNTIL 9/17/21. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 4/23/21. 4/23/21 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO UNREP PARTIES) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 PACER
41	SECOND AMENDED COMPLAINT against 1180 BEN FRANKLIN WAY LLC, AMC DELANCEY TRADITIONS OF HERSHEY PARTNERS, LP, CARE HSL HARLEYSVILLE PROPCO LP, CARE HSL NEWTOWN PROPCO, LP, GAHC3 BETHLEHEM PA ILF, LLC, GAHC3 BOYERTOWN PA ALF, LLC, GAHC3 PALMYRA PA ALF, LLC, HCRI PENNSYLVANIA PROPERTIES, INC., J. RANDOLPH PARRY ARCHITECTS, P.C., LIFEQUEST NURSING CENTER, ONE BOYERTOWN PROPERTIES LP, THE VIEWS AT PINE VALLEY I, LP, ONE NEWTOWN PROPERTIES, L.P., WESTRUM HANOVER, L.P., filed by UNITED STATES OF AMERICA.(dt, ) Modified on 4/23/2021 (dt, ). (Entered: 04/23/2021)	April 23, 2021	April 23, 2021 Clearinghouse
	1 Summons Issued on Second Amended Complaint as to ONE NEWTOWN PROPERTIES, L.P.. Forwarded To: Counsel on 4/23/21 (dt)	April 23, 2021	April 23, 2021 PACER
	Summons Issued	April 26, 2021	April 26, 2021 PACER
	Remark	April 26, 2021	April 26, 2021 PACER
	Documents 39 and 40 Mailed to Unrep Parties: AMC Delancey Traditions of Hershey Partners, LP, Care HSL Newtown Propco LLC, J. Randolph Parry Architects, P.C., Two Douglassville Properties, LP. (DT)	April 26, 2021	April 26, 2021 PACER
	Returned Mail	May 6, 2021	May 6, 2021 PACER
	Copy of Order/Notice dated 4/7/2021 (Document # 31, 32) and envelope returned from the U.S. Postal Service addressed to TWO DOUGLASSVILLE PROPERTIES, LP for the following reason: RETURN TO SENDER, NO MAIL RECEPTACLE, UNABLE TO FORWARD. (sg, )	May 6, 2021	May 6, 2021 PACER
42	Copy of Order/Notice dated 4/23/21 (Document # 39 & 40) and envelope returned from the U.S. Postal Service addressed to Two Douglassville Properties, LP for the following reason: No Mail Receptacle-Unable to forward. (DT) (Entered: 05/10/2021)	May 10, 2021	May 10, 2021 PACER
	Returned Mail	May 11, 2021	May 11, 2021 PACER
	Copy of Order/Notice dated 4/23/21 (Document # (Document # 39 & 40)) and envelope returned from the U.S. Postal Service addressed to CASE HSL NEWTOWN PROPCO LLC for the following reason: RETURN TO SENDER NOT AT THIS ADDRESS. (er, )	May 11, 2021	May 11, 2021 PACER
43	NOTICE of Withdrawal of Appearance by SAMANTHA BETH KATS on behalf of THE VIEWS AT PINE VALLEY I, LP(KATS, SAMANTHA) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 PACER
44	MOTION to Continue Stay of Proceedings filed by UNITED STATES OF AMERICA.Certification Pursuant to Local Rule 7.1(b), Certificate of Service.(MARKS, LAUREN) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
45	ORDER OF 9/14/21 THAT UPON CONSIDERATION OF PLAINTIFF'S UNOPPOSED MOTION TO CONTINUE STAY OF PROCEEDINGS ECF NO. 44, IS GRANTED IN PART. ALL PROCEEDINGS IN THE ABOVE-CAPTIONED MATTER ARE STAYED UNTIL NOVEMBER 17, 2021. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 9/14/21. 9/14/21 ENTERED AND COPIES E-MAILED. (DT) (Entered: 09/14/2021)	Sept. 14, 2021	Sept. 14, 2021 PACER
46	NOTICE of Appearance by WILLIAM CHRISTIAN MOFFITT on behalf of ONE BOYERTOWN PROPERTIES LP, WESTRUM HANOVER, L.P. with Certificate of Service(MOFFITT, WILLIAM) (Entered: 10/07/2021)	Oct. 7, 2021	Oct. 7, 2021 PACER
47	NOTICE of Withdrawal of Appearance by GLENN A. WEINER on behalf of ONE BOYERTOWN PROPERTIES LP, WESTRUM HANOVER, L.P.(WEINER, GLENN) (Entered: 10/08/2021)	Oct. 8, 2021	Oct. 8, 2021 PACER
48	Joint MOTION to Approve Consent Judgment Between the United States and 1180 Ben Franklin Way LLC filed by UNITED STATES OF AMERICA.. (Attachments: # 1 Exhibit Proposed Consent Order Between the United States and 1180 Ben Franklin Way LLC)(ALLEN, JULIE) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
49	ORDER OF 11/2/21 THAT UPON CONSIDERATION OF PLAINTFF UNITED STATES' AND RULE 19 DEFENDANT 1180 BEN FRANKLIN WAY LLC'S JOINT MOTION TO ENTER CONSENT ORDER, IT IS HEREBY ORDERED THAT THE JOINT MOTIONIS GRANTED. IT IS FURTHER ORDERED THAT THEUNITED STATES' LAWSUIT AGAINST THE REMAINING DEFENDANTS AND RULE 19 DEFENDANTS IS UNAFFECTED BY THIS CONSENT ORDER AND REMAINS IN FULL FORCE AND EFFECT. THE CLERK IS DIRECTED TO DOCKET THE CONSENT ORDER BETWEEN THEUNITED STATES AND 1180 BEN FRANKLIN WAY LLC ATTACHED AS EXHIBIT TO THE JOINT MOTION. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 11/2/21. 11/2/21 ENTERED AND COPIES E-MAILED. (DT) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
50	CONSENT ORDER BETWEEN THE UNITED STATES AND 1180 BEN FRANKLIN WAY LLC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 11/2/21. 11/2/21 ENTERED AND COPIES E-MAILED. (DT) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 Clearinghouse
51	WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. ONE NEWTOWN PROPERTIES, L.P. waiver sent on 8/3/2021, answer due 10/4/2021. (MARKS, LAUREN) (Entered: 11/04/2021)	Nov. 4, 2021	Nov. 4, 2021 PACER
52	STATUS REPORT and Unopposed Request for a Status Conference by UNITED STATES OF AMERICA. (MARKS, LAUREN) (Entered: 11/16/2021)	Nov. 16, 2021	Nov. 16, 2021 PACER
53	NOTICE OF SCHEDULING TELEPHONE CONFERENCE: A TELEPHONE CONFERENCE WITH THE HONORABLE JOSEPH F. LEESON, JR. HAS BEEN SCHEDULED FOR TUESDAY, NOVEMBER 23, 2021 AT 4:00 P.M. CONCERNING THE STATUS OF THIS CASE. SEE NOTICE FOR CALL-IN INFORMATION.(dja, ) (Entered: 11/18/2021)	Nov. 18, 2021	Nov. 18, 2021 PACER
54	ORDER OF 11/24/21 THAT WITHIN TWENTY-EIGHT (28) DAYS OF THE DATE OF THISORDER, THE PARTIES SHALL SUBMIT TO THE COURT A JOINT STATUS REPORT, INDICATING THE NAMEOF THE MEDIATOR SELECTED AND THE DATE ON WHICH THE MEDIATION WILL OCCUR. THE DATE FOR MEDIATION SHALL BE ON BEFORE FEBRUARY 28, 2022. ON OR BEFORE MARCH 7, 2022, THE PARTIES SHALL SUBMIT TO THE COURT A JOINT STATUS REPORT, INDICATING THE STATUS AND OUTCOME OF THE MEDIATION. ALLOTHER DEADLINES IN THIS CASE ARE STAYED PENDING THE CONCLUSION OF MEDIATION. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 11/24/21. 11/24/21 ENTERED AND COPIES E-MAILED. (DT) (Entered: 11/24/2021)	Nov. 24, 2021	Nov. 24, 2021 PACER
55	Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR Telephone Conference held on 11/23/21 (dt, ) (Entered: 11/24/2021)	Nov. 24, 2021	Nov. 24, 2021 PACER
56	STATUS REPORT by UNITED STATES OF AMERICA. (MARKS, LAUREN) (Entered: 12/22/2021)	Dec. 22, 2021	Dec. 22, 2021 PACER
57	APPLICATION for Admission Pro Hac Vice of Sara M. Lord by GAHC3 BETHLEHEM PA ILF, LLC, GAHC3 BOYERTOWN PA ALF, LLC, GAHC3 PALMYRA PA ALF, LLC. ( Filing fee $ 40 receipt number APAEDC-15676925.). (Durkin, Robert) (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
58	APPLICATION for Admission Pro Hac Vice of Orlando J. Cabrera by GAHC3 BETHLEHEM PA ILF, LLC, GAHC3 BOYERTOWN PA ALF, LLC, GAHC3 PALMYRA PA ALF, LLC. ( Filing fee $ 40 receipt number APAEDC-15676952.). (Durkin, Robert) (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
59	ORDER OF 1/21/22 THAT THE APPLICATION OF SARA M. LORD, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/21/22. 1/21/22 ENTERED AND COPIES E-MAILED. (DT) Modified on 1/24/2022 (lisad, ). (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
60	ORDER OF 1/21/22 THAT THE APPLICATION OF ORLANDO J. CABRERA, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 1/21/22. 1/21/22 ENTERED AND COPIES E-MAILED. (COPY NOT MAILED TO COUNSEL)(dt) Modified on 1/21/2022 (dt). Modified on 1/24/2022 (lisad, ). (Entered: 01/21/2022)	Jan. 21, 2022	Jan. 21, 2022 PACER
	Remark	Jan. 24, 2022	Jan. 24, 2022 PACER
	Doc. 59 and 60 mailed to Counsel. (er)	Jan. 24, 2022	Jan. 24, 2022 PACER
61	Copy of Order/Notice dated 1/21/22 (Document # 59 & 60) and envelope returned from the U.S. Postal Service addressed to Orlando J. Cabrera for the following reason: Not Deliverable as addressed. (dt) (Entered: 02/16/2022)	Feb. 16, 2022	Feb. 16, 2022 PACER
62	J. RANDOLPH PARRY ARCHITECTS, P.C. ANSWER to 41 Amended Complaint,,, THIRD PARTY COMPLAINT against Roy Larry Schein & Associates, Hospitaler Sisters of Mercy, CCA, LLC, Opaleck Engineering, Coastal Construction Management, LLC, DUMACK ENGINEERING, P.C., Marathon Engineering, Inc., Pany and Lentz Engineering Company, HERITAGE SENIOR LIVING, LLC, Bursich Associates, Menlo Engineering Associates, P.J. Dick, Ernest Bock & Sons, Inc., SL/TC Newtown JV Manager, LLC, Maitra Engineering a/k/a Maitra Associates, PC, Barry Isett & Associates, Inc., Engineering Design Associates, Hanover Real Estate, LLC, Pressman & Associates, Inc., Bohler Engineering, Three Woodbury Mews, LLC, Goodfellow, Jalbert, Beard and Associates, Inc., Alcoeur Homes at Toms River, LLC, Shuster and Associates, Wack General Contractor, Pike Construction, EMJ Construction, McCarthy Engineering Associates, Design Services, Inc., Assisted Living Construction Company, Inc., Senior Lifestyle Corporation, Hollenbach Construction, Banko Design, T.J. Hale Associates, Design Intervention by Danielle, LLC, Alcoeur at Brick, LLC, N.E. Fisher & Associates, Inc., Homestead Senior Living, LLC, CROSSCLAIM against AMC DELANCEY TRADITIONS OF HERSHEY PARTNERS, LP, CARE HSL HARLEYSVILLE PROPCO LP, CARE HSL NEWTOWN PROPCO, LP, GAHC3 BETHLEHEM PA ILF, LLC, GAHC3 BOYERTOWN PA ALF, LLC, GAHC3 PALMYRA PA ALF, LLC, HCRI PENNSYLVANIA PROPERTIES, INC., LIFEQUEST NURSING CENTER, ONE BOYERTOWN PROPERTIES LP, ONE NEWTOWN PROPERTIES, L.P., THE VIEWS AT PINE VALLEY I, LP, WESTRUM HANOVER, L.P. by J. RANDOLPH PARRY ARCHITECTS, P.C.. (Attachments: # 1 Complaint THIRD-PARTY COMPLAINT)(CAPASSO, ANTHONY) (Entered: 03/06/2022)	March 6, 2022	March 6, 2022 PACER
63	STATUS REPORT by UNITED STATES OF AMERICA. (MARKS, LAUREN) (Entered: 03/07/2022)	March 7, 2022	March 7, 2022 PACER
	Summons Issued as to 3rd Party Defendants Alcoeur Homes at Toms River, LLC, Alcoeur at Brick, LLC, Assisted Living Construction Company, Inc., Banko Design, Barry Isett & Associates, Inc., Bohler Engineering, Bursich Associates, CCA, LLC, Coastal Construction Management, LLC, DUMACK ENGINEERING, P.C., Design Intervention by Danielle, LLC, Design Services, Inc., EMJ Construction, Engineering Design Associates, Ernest Bock & Sons, Inc., Goodfellow, Jalbert, Beard and Associates, Inc., HERITAGE SENIOR LIVING, LLC, Hanover Real Estate, LLC, Hollenbach Construction, Homestead Senior Living, LLC, Hospitaler Sisters of Mercy, Maitra Engineering a/k/a Maitra Associates, PC, Marathon Engineering, Inc., McCarthy Engineering Associates, Menlo Engineering Associates, N.E. Fisher & Associates, Inc., Opaleck Engineering, P.J. Dick, Pany and Lentz Engineering Company, Pike Construction, Pressman & Associates, Inc., Roy Larry Schein & Associates, SL/TC Newtown JV Manager, LLC, Senior Lifestyle Corporation, Shuster and Associates, T.J. Hale Associates, Three Woodbury Mews, LLC, Wack General Contractor. Forwarded To: EMAILED TO 3RD PARTY PLAINTIFFS COUNSEL on 3/7/2022 (sg) Modified on 3/8/2022 (sg).	March 7, 2022	March 7, 2022 PACER
	Summons Issued	March 7, 2022	March 7, 2022 PACER
64	NOTICE OF SCHEDULING OF TELEPHONE CONFERENCE: A TELEPHONE CONFERENCE WITH THE HONORABLE JOSEPH F. LEESON, JR. HAS BEEN SCHEDULED FOR TUESDAY, MARCH 22, 2022, AT 2:30 P.M. CONCERNING THE STATUS OF THIS CASE. SEE NOTICE FOR CALL-IN INFORMATION.(dja) (Entered: 03/15/2022)	March 15, 2022	March 15, 2022 PACER
65	MOTION for Pro Hac Vice of R. Brant Forrest ( Filing fee $ 40 receipt number APAEDC-15803586.) filed by J. RANDOLPH PARRY ARCHITECTS, P.C..Proposed Order, Application and Certificate of Service. (Attachments: # 1 Brief Pro Hac Vice Application, # 2 Certificate of Service Certificate of Service)(CAPASSO, ANTHONY) (Entered: 03/22/2022)	March 22, 2022	March 22, 2022 PACER
66	ORDER OF 3/22/22 THAT THE APPLICATION OF R. BRANT FORREST, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE; JOSEPH F. LEESON JR. ON 3/22/22. 3/22/22 ENTERED AND COPIES E-MAILED. (DT) (COPY NOT MAILED TO COUNSEL)(DT) (Entered: 03/22/2022)	March 22, 2022	March 22, 2022 PACER
67	Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR.. Telephone Conference held on 3/22/22. (mas) (Entered: 03/22/2022)	March 22, 2022	March 22, 2022 PACER
68	ORDER THAT WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF THIS ORDER, DEFENDANT J. RANDOLPH PARRY ARCHITECTS, P.C. SHALL SERVE ALL THIRD-PARTY DEFENDANTS NAMED IN ITS THIRD-PARTY COMPLAINT, ECF NO. 62 . IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 12(A)(1)(B), ALL CROSS-DEFENDANTS SHALL RESPOND TO THE CROSSCLAIMS ASSERTED BY J. RANDOLPH PARRY ARCHITECTS, P.C. ON OR BEFORE MONDAY, MARCH 28, 2022. A TELEPHONE CONFERENCE WILL BE HELD FOLLOWING THE EXPIRATION OF THE FORTY-FIVE-DAY DEADLINE FOR SERVICE OF THE THIRD-PARTY DEFENDANTS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/22/22. 3/22/22 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas) (Entered: 03/22/2022)	March 22, 2022	March 22, 2022 PACER
	Orders 66 and 68 mailed to Counsel. (fdc)	March 23, 2022	March 23, 2022 PACER
	Remark	March 23, 2022	March 23, 2022 PACER
69	Letter dated March 25, 2022 by J. RANDOLPH PARRY ARCHITECTS, P.C.. (Attachments: # 1 Supplement Waver of the Service of Summons as mailed to all Third Party Defendants, # 2 Exhibit Exhibit A as attached to all letters, # 3 Exhibit Exhibit B as attached to all letters, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement, # 8 Supplement, # 9 Supplement, # 10 Supplement, # 11 Supplement, # 12 Supplement, # 13 Supplement, # 14 Supplement, # 15 Supplement, # 16 Supplement, # 17 Supplement, # 18 Supplement, # 19 Supplement, # 20 Supplement, # 21 Supplement, # 22 Supplement, # 23 Supplement, # 24 Supplement, # 25 Supplement, # 26 Supplement, # 27 Supplement, # 28 Supplement, # 29 Supplement, # 30 Supplement, # 31 Supplement, # 32 Supplement, # 33 Supplement, # 34 Supplement, # 35 Supplement, # 36 Supplement, # 37 Supplement, # 38 Supplement, # 39 Supplement, # 40 Supplement, # 41 Supplement, # 42 Supplement)(CAPASSO, ANTHONY) (Entered: 03/25/2022)	March 25, 2022	March 25, 2022 PACER
70	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Cross-Claims of J. Randolph Parry Architects, P.C. filed by CARE HSL HARLEYSVILLE PROPCO LP, CARE HSL NEWTOWN PROPCO, LP, HCRI PENNSYLVANIA PROPERTIES, INC., ONE BOYERTOWN PROPERTIES LP, ONE NEWTOWN PROPERTIES, L.P., WESTRUM HANOVER, L.P..Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum)(MOFFITT, WILLIAM) (Entered: 03/28/2022)	March 28, 2022	March 28, 2022 PACER
71	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Cross-Claims of J. Randolph Parry Architects, P.C. filed by GAHC3 BETHLEHEM PA ILF, LLC, GAHC3 BOYERTOWN PA ALF, LLC, GAHC3 PALMYRA PA ALF, LLC.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(Durkin, Robert) (Entered: 03/28/2022)	March 28, 2022	March 28, 2022 PACER
72	ANSWER to 62 Answer to Amended Complaint,,,,,,, Third Party Complaint,,,,,,, Crossclaim,,,,,, by THE VIEWS AT PINE VALLEY I, LP.(KELLEHER, JOSEPH) (Entered: 03/28/2022)	March 28, 2022	March 28, 2022 PACER
73	NOTICE by LIFEQUEST NURSING CENTER re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Cross-Claims of J. Randolph Parry Architects, P.C. Notice of Joinder to Motion to Dismiss of GAHC3 cross defednants (DEFEO, MARISA) (Entered: 03/28/2022)	March 28, 2022	March 28, 2022 PACER
74	NOTICE OF SCHEDULING OF TELEPHONE CONFERENCE: A TELEPHONE CONFERENCE BEFORE THE HONORABLE JOSEPH F. LEESON, JR. HAS BEEN SCHEDULED FOR THURSDAY, MAY 5, 2022, AT 4:30 P.M. CONCERNING THE STATUS OF THIS CASE. SEE NOTICE FOR CALL-IN INFORMATION.(dja) (Entered: 03/29/2022)	March 29, 2022	March 29, 2022 PACER
75	MOTION to Strike 62 Answer to Amended Complaint,,,,,,, Third Party Complaint,,,,,,, Crossclaim,,,,,, or in the Alternative to Dismiss Third-Party Complaint filed by UNITED STATES OF AMERICA.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum In Support of Motion to Strike or, in the Alternative, to Dismiss, Third-Party Complaint under Fed. R. Civ. P. 14 (a)(4) and 12(b)(6), # 3 Exhibit United States v. Albert C. Kobayashi slip op.)(ALLEN, JULIE) Modified on 5/11/2022 (nd). (Entered: 03/30/2022)	March 30, 2022	March 30, 2022 PACER