Consent Decree - United States v. Edward Rose and Sons, et al. ( N.D. Ind.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. EDWARD ROSE & SONS, et al.
Defendants

Case No:3:01cv0040AS
Judge Allen Sharp Magistrate Judge Cherry
CONSENT ORDER

I. INTRODUCTION

1. This Consent Order is entered between the United States of America and Gary Weaver (hereinafter "Gary Weaver") to resolve a lawsuit.

2. On January 18, 2001, and September 3, 2002, the United States filed civil actions in the United States District Courts for the Northern District of Indiana, Case No. 3:01cv0040 (N.D. Ind.) ( "Indiana Action") and the Eastern District of Michigan, Case No. 02-CV-73518 (E.D. Mich.) ("Michigan Action"), respectively (hereinafter "actions" or "civil actions"). These civil actions, as amended, allege that the Defendants1 discriminated against persons with disabilities by failing to design and construct covered multifamily dwellings ("Covered Multifamily Dwellings") and places of public accommodation in accordance with the features of accessible and adaptable design and construction required by subsection 804(f) (3)(C) of the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(C), and the Americans with Disabilities Act, 42 U.S.C. § 12183(a)(1).

3.

Gary Weaver has answered the complaint in the Indiana Action denying

any and all alleged violations of either the Fair Housing Act, 42 U.S.C. §§ 3601 et

seq., or the Americans with Disabilities Act, 42 U.S.C. §§ 12181 et seq. Nothing in

this Consent Order shall be construed as an admission of liability by Gary Weaver.

4.

In an effort to avoid further contested litigation, the United States and

Gary Weaver agree that the controversy should be resolved without further

proceedings and without an an evidentiary hearing or findings of fact.

5.

Contemporaneously with the submission of this Consent Order, the Rose

Companies, Dorchen-Martin, Eckert-Wordell, along with three other defendants

named only in the Michigan Action2 are filing a separate consent order with the

United States District Court for the Eastern District of Michigan. That separate

consent order resolves the claims raised by both the Michigan and Indiana

Actions against all Defendants except for Gary Weaver. As part of the resolution of

both actions, all Defendants in the Indiana Action other than Gary Weaver have

stipulated to the transfer, pursuant to 28 U.S.C. §1404(a), of the United States'

claims against them in this Court to the United States District Court for the

Eastern District of Michigan. The United States' claims against Gary Weaver

cannot be transferred pursuant to 28 U.S.C. § 1404(a) to the United States District

Court for the Eastern District of Michigan because that Court lacks personal

jurisdiction over Gary Weaver. The claims against Gary Weaver shall, therefore,

be disposed of by this separate Consent Order before the United States District

Court for the Northern District of Indiana.

6.

Accordingly, as indicated by the signatures appearing below, the plaintiff

and Gary Weaver agree to and request entry of this Consent Order.

It is hereby ADJUDGED, ORDERED and DECREED that:

II.

GENERAL INJUNCTION

7.

Gary Weaver is enjoined from discriminating on the basis of disability, as

prohibited by the Fair Housing Act, 42 U.S.C. §3604(f)(1)-(3), and the ADA, 42

U.S.C. §§ 12182(a) and 12183(a)(1).

III.

FUTURE DESIGNS

8.

Gary Weaver shall take the actions set forth in this paragraph to ensure

that that all future design and/or construction of covered multifamily dwellings by

Gary Weaver shall comply with the design and construction requirements of the

Fair Housing Act, 42 U.S.C. § 3604(f)(1)-(3), and, where applicable, the ADA, 42

U.S.C. §§ 12182(a) and 12183(a)(1). If Gary Weaver prepares any architectural

plans, drawings or blueprints for Covered Multifamily Dwellings, he shall include

on such plans, drawings or blueprints a statement that, to the best of his

professional judgment, knowledge and belief at the time of signing and sealing the

plans, drawings or blueprints, they comply with the Fair Housing Act, 42 U.S.C. §

Steven H. Rosenbaum Chief
Housing & Civil Enforcement Section (202) 514-4713 TTY - 202-305-1882 FAX - (202) 514-1116 Fair Housing Tip Line (to report an incident of housing discrimination): 1-800-896-7743 U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Email: fairhousing@usdoj.gov
Report a Violation Get a Job Contact Us

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Consent Decree - United States v. Edward Rose and Sons, et al. ( N.D. Ind.)

3604(f)(1)-(3), and, where applicable, the ADA, 42 U.S.C. §§ 12182(a) and 12183 (a)(1), and the ADA Standards for Accessible Design. Gary Weaver shall, upon request, provide to the United States a list of all such multifamily housing that he has designed during the term of this Consent Order.

IV.

ACKNOWLEDGMENTS AND TRAINING

9.

Within one hundred eighty (180) days after the entry of this Order, Gary

Weaver shall provide a copy of this Order to all his managers and supervisors

involved in the design of Covered Multifamily Dwellings, and secure a signed

statement from each manager or supervisor acknowledging that he or she has

received, read and understands the terms of this Order.

10.

Within ninety (90) days after the date he or she commences an agency or

employment with Gary Weaver, each new manager or supervisor involved in the

design of Covered Dwelling Units shall be given a copy of this Order and be

required to sign a statement acknowledging that he or she has received, read and

understands the terms of this Order.

11.

Within two hundred ten (210) days after the entry of this Order, Gary

Weaver shall provide fair housing training, with a focus on disability issues, to all

his managers and supervisors involved in the design, construction or rental of

Covered Dwelling Units. The training shall be conducted by a qualified person or

organization approved by the United States. Gary Weaver shall pay all fair housing

training costs. Within two hundred forty (240) days after the entry of this Order,

Gary Weaver shall secure and deliver to counsel for the United States a written

certification of each managers and supervisors attendance at the fair housing

training.

12.

Each new manager or supervisor involved in the design or construction

of Covered Dwelling Units shall attend fair housing training, with a focus on

disability issues within ninety (90) days after the date he or she commences an

agency or employment relationship with Gary Weaver, or as soon thereafter as

such training may be available. Gary Weaver shall pay all fair housing training

costs for new managers or supervisors.

V.

REPORTING AND DOCUMENT RETENTION REQUIREMENTS

A.

Records

13.

Gary Weaver shall preserve all records related to the acknowledgments,

and training required by this Consent Order for all Covered Multifamily Dwellings

that he designed. Upon reasonable notice to Gary Weaver and his attorneys,

representatives of the United States shall be permitted to inspect and copy any

non-privileged records of Gary Weaver related to this Consent Order.

B. Reporting

14.

Within six (6) months following the date of entry of this Consent Order,

where applicable, Gary Weaver shall serve upon counsel for the United States an

initial report containing:

(a) Copies of the acknowledgment forms signed by any and all employees and agents pursuant to Section IV. of this Consent Order; and

(b)Copies of certification of attendance for fair housing educational programs pursuant to Section IV. above (to the extent such training has been completed).

15.

Thereafter, Gary Weaver shall, where applicable, on the anniversary of

the date of entry of this Consent Order, except for the final report, which will be

provided thirty (30) days before the five (5) year anniversary, submit to the United

States a report containing: (a)Copies of the acknowledgment forms signed by any

and all new employees and agents pursuant to Section IV. of this Consent Order;

and

(b) Copies of certification of attendance for fair housing educational programs for any and all new employees and agents pursuant to Section IV. of this Consent Order.

VI.

MISCELLANEOUS

A.

Duration of Consent Order and Retention of Jurisdiction

16. This Consent Decree shall remain in effect for five (5) years after date of its entry.

17. The Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of the Decree, after which time, the case shall be dismissed as to Gary Weaver with prejudice. Either plaintiff or Gary Weaver may move the Court

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Consent Decree - United States v. Edward Rose and Sons, et al. ( N.D. Ind.)

to extend or modify the duration of this Order in the interests of justice.

B.

Dispute Resolution

18.

The plaintiff and Gary Weaver shall endeavor in good faith to resolve

informally any differences regarding interpretation of and compliance with this

Consent Order prior to bringing such matters to the Court for resolution. In the

event the parties cannot resolve their differences informally, any party may move

the Court for an order compelling compliance with the Consent Order and for

attorney's fees and costs. Any such motion shall be titled "Motion to Compel

Performance Under Consent Order." Nothing in this Paragraph shall prevent a

party, in appropriate circumstances and for good cause shown, from moving the

Court to impose any other remedy authorized by law or equity to enforce the

provisions of this Consent Order.

C.

Time for Performance

19.

Any time limits for performance imposed by this Consent Order may be

extended or modified by the mutual written agreement of the United States and

Gary Weaver. The plaintiff or Gary Weaver may move the Court to extend or

modify the time limits for performance in the interests of justice.

D.

Costs of Litigation

20. The plaintiff and Gary Weaver will each bear its own costs and attorneys fees associated with this litigation.

1. Limitation of Liability

21.

Nothing in this Consent Order shall be read as an admission of liability

by Gary Weaver under the Fair Housing Act or the ADA.

G.

Notice

22.

Unless otherwise specified in this Consent Order, all documents or

other communications required by this Consent Order to be sent to the United

States or counsel for the United States shall be sent via first class U.S. mail,

addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights

Division, United States Department of Justice, 950 Pennsylvania Ave. NW

Building, G St., Washington, D.C. 20530. Attn: DJ No. 175-37-302.

23.

Unless otherwise specified in this Consent Order, and until further

notice, all documents or other communications required by this Consent Order to

be sent to Gary Weaver shall be sent via first class U.S. mail to: James Dimos,

Locke Reynolds LLP, P.O. Box 44961, 201 North Illinois Street, Suite 1000,

Indianapolis, IN 46244-0961.

SO ORDERED this ___ day of _______________, 2005.

_______________________________________ UNITED STATES DISTRICT COURT JUDGE

The undersigned hereby apply for and consent to the entry of this Consent Order:
For the United States Bradley J. Schlozman Acting Assistant Attorney General Civil Rights Division U.S. Department of Justice
_________________________________ Steven H. Rosenbaum, Chief Timothy J. Moran, Deputy Chief Ming-Yuen Meyer-Fong Sean Keveney Joseph Gaeta Erin Meehan Richmond Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Northwest Building - G Street Washington, D.C. 20530 Tel: (202) 514-4713; Fax: (202) 514-1116
Joseph S. Van Bokkelen United States Attorney
Clifford Johnson

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Consent Decree - United States v. Edward Rose and Sons, et al. ( N.D. Ind.)
Assistant United States Attorney M01 Robert A. Grant Federal Building 204 S. Main Street South Bend, IN 46601 Tel: (574) 236-8287; Fax: (574) 236-8155 Email: clifford.johnson@usdoj.gov
For Gary Weaver
___________________________________ James Dimos Locke Reynolds, LLP P.O. Box 44961 201 North Illinois Street, Suite 1000 Indianapolis, IN 46244-0961 Tel: (317) 237-3800; Fax: (317) 237-3900
1. For purposes of this Consent Order, "Defendants " refers to the Rose Companies, Dorchen-Martin, Eckert Wordell, SSOE, Inc., Gerald Peterson, James Saule, and Gary Weaver. For purposes of this Consent Order, " the Rose Companies " refers to: Edward Rose & Associates, Inc., a Michigan corporation; Edward Rose of Indiana, L.L.C., an Indiana limited liability company (formerly Edward Rose of Indiana, L.P., an Indiana limited partnership); Edward Rose Assoc., L.L.C., a Michigan limited liability company; Edward Rose Development Co., L.L.C., a Michigan limited liability company; Edward Rose Realty, Inc., a Michigan corporation; Occidental Development, L.L.C., a Michigan limited liability company (formerly Occidental Development Ltd, a Michigan limited partnership); Huron Development, L.L.C., a Michigan limited liability company (formerly, Huron Development Limited Partnership, a Michigan-chartered limited partnership).
2. The three Michigan-only defendants are Gerald Peterson, James, Saule, and SSOE, Inc.. These three defendants are not defendants in the Indiana action.
Document Entered: October 3, 2005

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA

UNITED STATES OF AMERICA,

Plaintiff,

v.

Case No. 3:01cv0040AS

EDWARD ROSE & SONS, INC.; EDWARD ROSE CONSTRUCTION CO.; EDWARD ROSE OF INDIANA; EDWARD ROSE & ASSOCIATES; EDWARD ROSE DEVELOPMENT CO., LLC; OCCIDENTAL DEVELOPMENT LTD., L.P.; GARY WEAVER, ARCHITECT; ECKERT/WORDELL ARCHITECTS, P.C.; and DORCHEN/MARTIN ASSOCIATES, INC.,

Defendants.

FIRST AMENDED COMPLAINT

The United States of America alleges:

1. This action is brought by the United States to enforce the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (" Fair Housing Act " ), 42 U.S.C. §§ 3601-3619, and Title III of the Americans with Disabilities Act (" ADA " ), 42 U.S.C. §§ 1218112189.

2. This Court has jurisdiction over this action under 28 U.S.C.§§ 1331 and 1345, 42 U.S.C § 3614(a), and 42 U.S.C. § 12188(b)(1)(B). Venue is proper pursuant to 28 U.S.C. § 1391 because (a) a number of defendants reside or do business in the Northern District of Indiana and (b) all the defendants reside or do business in the State of Indiana. Venue is also proper because a substantial number of the residential rental properties at issue are situated within the Northern District of Indiana, and a substantial part of the acts or omissions giving rise to the claims occurred in the Northern District of Indiana.

3. Defendant Edward Rose Construction Co. conducts business in the Northern District of Indiana. Defendant Edward Rose of Indiana is a limited partnership organized under the laws of Michigan that conducts business in the Northern District of Indiana and elsewhere. Defendant Edward Rose & Sons, Inc., is a corporation organized under the laws of Michigan that conducts business in the Northern District of Indiana and elsewhere. Defendant Edward Rose & Associates is a company organized under the laws of Michigan that conducts business in the Northern District of Indiana and elsewhere. Defendant Edward Rose Development Co., LLC, is a limited liability company created under the laws of Michigan, that conducts business in the Northern District of Indiana and

Steven H. Rosenbaum Chief
Housing & Civil Enforcement Section (202) 514-4713 TTY - 202-305-1882 FAX - (202) 514-1116 Fair Housing Tip Line (to report an incident of housing discrimination): 1-800-896-7743
U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 Email: fairhousing@usdoj.gov
Report a Violation Get a Job Contact Us

laws of Michigan, that conducts business in the Northern District of Indiana and elsewhere. Defendant Occidental Development Ltd., L.P., is a limited partnership organized under the laws of Michigan that conducts business in the Northern District of Indiana and elsewhere.
4. Defendants Edward Rose Construction Co., Edward Rose of Indiana, Edward Rose & Sons, Inc., Edward Rose & Associates, Edward Rose Development Co., LLC, and Occidental Development Ltd., L.P., (collectively, " Rose defendants " ) are engaged in the development, construction, and operation of rental apartment complexes in the Northern District of Indiana and elsewhere.
5. The Rose defendants are responsible for the design, construction, and overall development of a number of apartment complexes, including the following:
Apartment Complexes Located in INDIANA

NAME OF DEVELOPMENT Arbor Lakes Apts. Dupont Lakes Apts. Hurwich Farms Apts. Indian Lakes Apts. Mallard Bay Apts. North Pointe Apts. Pheasant Run Apts. Polo Run Apts. South Bridge Apts. Sundance at the Crossings

LOCATION Elkhart County, IN Allen County, IN St. Joseph County, IN St. Joseph County, IN Lake County, IN Elkhart County, IN Tippecanoe County, IN Johnson County, IN Allen County, IN Marion County, IN

Apartment Complexes Located in VIRGINIA

NAME OF DEVELOPMENT Sunscape Apts. Trophy Club Apts. Waterfront Apts.

LOCATION Roanoke County, VA Chesterfield County, VA Virginia Beach County, VA

Apartment Complex Located in WISCONSIN

NAME OF DEVELOPMENT Oak Shores Apartments

LOCATION Milwaukee County, WI

Eight of these complexes - Arbor Lakes Apartments, Dupont Lakes Apartments, Hurwich Farms Apartments, Indian Lakes Apartments, Mallard Bay Apartments, North Pointe Apartments, Pheasant Run Apartments, and South Bridge Apartments -- are located in the Northern District of Indiana.
6. Defendant Gary Weaver, an architect domiciled in the State of Indiana, provided architectural and building designs for Mallard Bay Apartments, Pheasant Run Apartments, Polo Run Apartments, Sundance at the Crossings, Sunscape Apartments, and Trophy Club Apartments.
7. Defendant Eckert/Wordell Architects, P.C., a Michigan-chartered corporation, provided architectural and building designs for Arbor Lakes Apartments, Dupont Lakes Apartments, North Pointe Apartments, and South Bridge Apartments, all located within the Northern District of Indiana.
8. Defendant Dorchen/Martin Associates, Inc., a Michigan-chartered corporation, provided architectural and building designs for Hurwich Farms Apartments and North Pointe Apartments, both of which are located in the Northern District of Indiana.
PATTERN OR PRACTICE VIOLATION: FAIR HOUSING ACT
9. Each of the apartment complexes specified in paragraph 5 above (hereinafter referred to as " the subject complexes " ) contains residential apartment units that are " dwellings " within the meaning of 42 U.S.C. § 3602(b).
10. Those ground floor units at each subject complex designed and constructed for first occupancy after March 13, 1991 are " covered multi-family dwellings " within the meaning of 42 U.S.C. §3604(f)(7)(A) and are subject to the requirements of 42 U.S.C. § 3604(f)(3)(C). A substantial number of the units contained in each subject complex are " covered " dwelling units.
11. The subject complexes comprise approximately 166 buildings containing residential rental dwellings built since the effective date of the accessible design requirements of the Fair Housing Act. These buildings contain approximately 1596 ground floor units that are subject to the accessibility requirements of the Fair Housing Act.

12. Defendants have failed to design and to construct the covered dwelling units and common use and public use areas in the subject complexes and others in such a manner that:
(a) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(b) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
(c) all premises within such dwellings contain the following features of adaptive design:
(i) an accessible route into and through the dwelling;
(ii) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(iii) reinforcements in bathroom walls to allow later installation of grab bars; and
(iv) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
Defendants, through the actions described in paragraph 12 above, have:
a. Discriminated in the rental of, or otherwise made unavailable or denied, dwellings to persons because of handicap, in violation of 42 U.S.C. § 3604(f)(1);
b. Discriminated against persons in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with the rental of a dwelling, because of handicap, in violation of 42 U.S.C. § 3604(f)(2); and
c. Failed to design and construct dwellings in compliance with the requirements mandated by 42 U.S.C. § 3604(f)(3)(C).
14. The conduct of defendants described above constitutes:
a. A pattern or practice of resistance to the full enjoyment of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619; and
b. A denial to a group of persons of rights granted by the Fair Housing Act, 42 U.S.C. §§ 3601-3619, which denial raises an issue of general public importance.
15. Persons who have been the victims of defendants' discriminatory housing practices are aggrieved persons as defined in 42 U.S.C. § 3602(i) and may have suffered injuries as a result of defendants' conduct described above.
16. Defendants' conduct described above was intentional, willful, and taken in disregard for the rights of others.
PATTERN OR PRACTICE VIOLATION:
AMERICANS WITH DISABILITIES ACT
17. The rental offices at the subject complexes are sales or rental establishments, the operations of which affect commerce, and therefore are " public accommodations " within the meaning of 42 U.S.C. § 12181(7).
18. The rental offices at the subject complexes other than Indian Lakes Apartments, North Pointe Apartments, and Sundance Apartments were designed and constructed for first occupancy after January 26, 1993. The rental offices and the facilities, privileges, and accommodations provided for the public appurtenant to the use of the rental offices, including the parking, sidewalks, and restrooms at the rental offices, are covered by the prohibition on discrimination in 42 U.S.C. § 12182(a), and are subject to the design and construction requirements of 42 U.S.C. § 12183(a)(1).
19. The Rose defendants have failed to design and construct the rental offices at the subject complexes and others that were designed and constructed for first occupancy after January 26, 1993, and the appurtenant parking, sidewalks, and restrooms at those rental offices, in such a manner that the facilities are readily accessible to and useable by individuals with disabilities.
20. The actions of the Rose defendants, as described in paragraphs 17-19 above, constitute:

a. Discrimination against individuals with disabilities in the full and equal enjoyment of the services, facilities, privileges, and accommodations of a place of public accommodation, in violation of 42 U.S.C. § 12182(a); and
b. A failure to design and construct public accommodations in compliance with the requirements mandated by 42 U.S.C. § 12183(a)(1).
21. The conduct described in paragraphs 19-20 above constitutes:
a. A pattern or practice of discrimination under Title III of the ADA, 42 U.S.C. §§ 12181-12189; and
b. Discrimination against a person or group of persons under Title III of the ADA, 42 U.S.C. §§ 12181-12189, which discrimination raises an issue of general public importance.
22. Persons who have been the victims of these discriminatory practices are persons aggrieved within the meaning of 42 U.S.C. § 12188(b)(2)(B), and may have suffered injuries as a result of the conduct of the Rose defendants, described above.
PRAYER FOR RELIEF
WHEREFORE, the United States of America prays that the Court enter an order that:
1. Declares that defendants' policies and practices, as alleged herein, violate the Fair Housing Act;
2. Enjoins defendants, their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from:
a. Failing or refusing to bring the covered dwelling units and public use and common use areas at the subject complexes and others into immediate compliance with the requirements of 42 U.S.C. § 3604(f)(3)(C);
b. Failing or refusing to take such affirmative steps as may be necessary to restore the victims of the defendants' unlawful practices to the position they would have been in but for the discriminatory conduct; and
c. Failing or refusing to design and construct any covered multifamily dwellings in the future in compliance with the requirements set forth in 42 U.S.C. § 3604(f)(3)(C);
3. Awards such damages as would fully compensate each person aggrieved by defendants' discriminatory housing practices for their injuries and damages resulting from defendants' discriminatory conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B);
4. Awards each person aggrieved by defendants' discriminatory conduct punitive damages because of the intentional and wilful nature of defendants' conduct, pursuant to 42 U.S.C. § 3614(d)(1)(B); and
5. Assesses a civil penalty against defendants for their violation of the Fair Housing Act in an amount authorized by 42 U.S.C. § 3614(d)(1)(C) and 28 C.F.R. 85.3(b)(3), to vindicate the public interest.
6. Declares that practices of the Rose defendants, as alleged herein, violate Title III of the ADA;
7. Enjoins the Rose defendants, their officers, employees, agents, successors, and all other persons in active concert or participation with any of them, from:
a. Failing or refusing to bring the rental offices at the subject complexes and others, and the parking, sidewalks, and restrooms at the rental offices, into compliance with the requirements of 42 U.S.C. § 12183(a)(1);
b. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the unlawful practices of the Rose defendants in violation of the ADA, to the position they would have been in but for the discriminatory conduct; and
c. Failing or refusing to design and construct any public accommodations in the future in compliance with the requirements of 42 U.S.C. § 12183(a)(1);

8. Awards such damages as would fully compensate each person aggrieved by the Rose defendants' discriminatory practices in violation of the ADA, for his or her injuries and damages resulting from defendants' discriminatory conduct, pursuant to 42 U.S.C. § 12188(b)(2)(B); and
9. Assesses civil penalties against the Rose defendants for each of their violations of the ADA, in an amount authorized by 42 U.S.C. § 12188(b)(2)(C), to vindicate the public interest.
The United States further prays for such additional relief as the interests of justice may require.
Respectfully submitted,
John Ashcroft Attorney General
Ralph F. Boyd, Jr. Assistant Attorney General
Civil Rights Division
Joan A. Magagna, Chief Housing and Civil Enforcement Section
Timothy J. Moran Deputy Chief Harvey L. Handley III Ming-Yuen Meyer-Fong Trial Attorneys United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Ave., NW - G St. Washington, D.C. 20530 Tel: (202) 514-4713 Fax: (202) 514-1116
Joseph S. Van Bokkelen
United States Attorney
BY:
Clifford D. Johnson Attorney No. 5007-98 Assistant United States Attorney M01 Robert A. Grant Federal Bldg. 204 S. Main Street South Bend, Indiana 46601 Tel: (574) 236-8287 Fax: (574) 236-8155 Internet Address: clifford.johnson@usdoj.gov
Document Filed: August 31, 2002.

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 Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 1 of 30
PROTO, TERMED, TRANSF
U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (South Bend)
CIVIL DOCKET FOR CASE #: 3:01−cv−00040−AS−PRC

USA v. Edward Rose Constr, et al Assigned to: Judge Allen Sharp Referred to: Magistrate Judge Paul R Cherry Demand: $0
Case in other court: Archives Info (1 Vol &2 Acc), 021−08−00010 56 OF 251 857907FAN
Archives Info (Vol 2−3 &2 Acc), 021−08−00010 57 OF 251 857908FAN
Archives Info (Vol 4 &4 Acc), 021−08−00010 58 OF 251 857909FAN
Cause: 42:405 Fair Housing Act
Plaintiff

Date Filed: 01/18/2001 Date Terminated: 10/03/2005 Jury Demand: None Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Clifford D Johnson − AUSA US Attorney's Office − SB/IN M01 Federal Building 204 S Main Street South Bend, IN 46601−2191 574−236−8287 Fax: 574−236−8155 Email: clifford.johnson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin Meehan Richmond Housing &Civil Enforcement Section − Pen/Was/DC US Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 202−307−0385 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joan A Magagna US Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Ave NW &G St Washington, DC 20530 202−514−4713 Fax: 202−514−1116 TERMINATED: 05/24/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin M Cremin US Department of Justice Civil Rights Division Housing and Civil Enforcement Section 950 Pennsylvania Ave NW (1800 G) Washington, DC 20530 202−305−1323 Fax: 202−514−1116 TERMINATED: 08/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 2 of 30
Ming−Yuen Meyer−Fong US Department of Justice − Was/DC/CRD/950 Civil Rights Division 950 Pennsylvania Ave NW Washington, DC 20530 202−305−1311 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED
R Alexander Acosta US Department of Justice − Was/DC/950 950 Pennsylvania Avenue NW − G Street Washington, DC 20530 202−514−4713 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ralph F Boyd , Jr US Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Ave NW &G St Washington, DC 20530 202−514−4713 Fax: 202−514−1116 TERMINATED: 05/24/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sean R Keveney US Department of Justice − Was/DC/HCE/950 Housing &Civil Enforcement Section 950 Pennsylvania Avenue NW Washington, DC 20530 202−514−4838 Fax: 202−514−1116 Email: Sean.R.Keveney@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven H Rosenbaum US Department of Justice − Was/DC/950 950 Pennsylvania Avenue NW − G Street Washington, DC 20530 202−514−4713 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Moran US Department of Justice Housing and Civil Rights Enforcement Section 950 Pennsylvania Ave NW &G St Washington, DC 20530 202−514−4713 Fax: 202−514−1116 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harvey L Handley

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 3 of 30
US Department of Justice − Was/DC/950 950 Pennsylvania Avenue NW − G Street Washington, DC 20530 202−514−4756 Fax: 202−514−1116 Email: harvey.l.handley@usdoj.gov TERMINATED: 03/16/2004
Joseph R Gaeta US Department of Justice − Was/DC/CRD/950 Civil Rights Division 950 Pennsylvania Ave NW Washington, DC 20530 202−363−9062 Fax: 202−514−1116 Email: Joe.Gaeta@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Edward Rose Construction Co

represented by Andrew L Sandler PHV Skadden Arps Slate Meagher &Flom LLP − Was/DC Suite 1100 1440 New York Avenue NW Washington, DC 20008 202−371−7210 TERMINATED: 05/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brigham Cook Smith PHV Honigman Miller Schwartz and Cohn LLP − Lan/MI 222 N Washington Square Suite 400 Lansing, MI 48933 517−377−0713 Fax: 517−364−9513 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher B Hanback PHV Holland and Knight LLP − Was/DC Suite 100 2099 Pennsylvania Avenue NW Washington, DC 20006−6801 202−663−7260 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederick M Baker PHV , Jr Honigman Miller Schwartz and Cohn LLP − Lan/MI 222 N Washington Square Suite 400 Lansing, MI 48933 517−377−0716 Fax: 517−364−9516 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer Spaziano PHV Skadden Arps Slate Meagher &Flom LLP

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 4 of 30
− LA/CA 300 S Grand Avenue Suite 3400 Los Angeles, CA 90071 213−687−5000 TERMINATED: 05/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M O'Hara PHV , Jr Edward Rose Companies 30057 Orchard Lake Road Suite 100 Farmington Hills, MI 48334 248−539−2255 Fax: 248−539−2125 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph R Fullenkamp Barnes &Thornburg LLP − SB/IN 600 1st Source Bank Center 100 N Michigan Street South Bend, IN 46601−1632 574−237−1269 Fax: 574−237−1125 Email: joseph.fullenkamp@btlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norman C Ankers PHV Honigman Miller Schwartz and Cohn LLP − Det/MI 2290 First National Building 660 Woodward Avenue Detroit, MI 48226−3506 313−465−7306 Fax: 313−465−7307 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick T Duerr PHV Honigman Miller Schwartz and Cohn LLP − Det/MI 2290 First National Building 660 Woodward Avenue Detroit, MI 48226−3506 313−465−7362 Fax: 313−465−7363 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tara K Gorman PHV Holland and Knight LLP − Was/DC Suite 100 2099 Pennsylvania Avenue NW Washington, DC 20006−6801 202−663−7260 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Maher Barnes &Thornburg LLP − SB/IN 600 1st Source Bank Center 100 N Michigan Street South Bend, IN 46601−1632 574−233−1171

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 5 of 30

Fax: 574−237−1125 Email: tim.maher@btlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Occidental Development Co

represented by Andrew L Sandler PHV (See above for address) TERMINATED: 05/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher B Hanback PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer Spaziano PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Fullenkamp (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tara K Gorman PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy J Maher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Edward Rose &Sons Inc

represented by Brigham Cook Smith PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frederick M Baker PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M O'Hara PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Norman C Ankers PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Duerr PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Fullenkamp

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 6 of 30

(See above for address) ATTORNEY TO BE NOTICED

Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Defendant Edward Rose of Indiana

represented by Brigham Cook Smith PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frederick M Baker PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M O'Hara PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Norman C Ankers PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Duerr PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Fullenkamp (See above for address) ATTORNEY TO BE NOTICED

Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Defendant Edward Rose &Associates

represented by Brigham Cook Smith PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frederick M Baker PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M O'Hara PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Norman C Ankers PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Duerr PHV (See above for address)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 7 of 30

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Fullenkamp (See above for address) ATTORNEY TO BE NOTICED

Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Defendant Edward Rose Development Co LLC

represented by Brigham Cook Smith PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frederick M Baker PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M O'Hara PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Norman C Ankers PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T Duerr PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph R Fullenkamp (See above for address) ATTORNEY TO BE NOTICED

Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Defendant
Gary Weaver Architect

represented by Dean R Brackenridge Frost Brown Todd LLC − Ind/IN 201 North Illinois St Suite 1900 PO Box 44961 Indianapolis, IN 46244−0961 317−237−3847 Fax: 317−237−3900 Email: dbrackenridge@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Garry L Walton PHV 229 E Michigan Ave Suite 445 Kalamazoo, MI 49007 269−383−3434 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 8 of 30

James Dimos Frost Brown Todd LLC − Ind/IN 201 North Illinois St Suite 1900 PO Box 44961 Indianapolis, IN 46244−0961 317−237−3848 Fax: 317−237−3900 Email: jdimos@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jane Ann Himsel Littler Mendelson PC − Ind/IN 111 Monument Circle Suite 702 Indianapolis, IN 46204 317−287−3600 Fax: 317−636−0712 Email: jhimsel@littler.com TERMINATED: 02/26/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael C Cook Wooden and McLaughlin One Indiana Square Suite 1800 Indianapolis, IN 46204−4208 317−639−6151 Fax: 317−639−6444 TERMINATED: 02/26/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Eckert/Wordell Architects PC TERMINATED: 05/25/2004

represented by Garry L Walton PHV (See above for address) TERMINATED: 05/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Dorchen/Martin Associates Inc

represented by J Thomas Vetne Jones Obenchain LLP 600 KeyBank Building 202 S Michigan Street PO Box 4577 South Bend, IN 46634−4577 574−233−1194 Fax: 574−233−8957 Email: jtv@jonesobenchain.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin J Gleeson PHV Sullivan Ward Asher &Patton PC 1000 Maccabees Center 25800 Northwestern Highway PO Box 222 Southfield, MI 48037 248−746−2722 Fax: 248−746−2760 Email: kgleeson@swappc.com ATTORNEY TO BE NOTICED

Sheri B Cataldo PHV

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 9 of 30

Sullivan Ward Asher &Patton PC 1000 Maccabees Center 25800 Northwestern Highway PO Box 222 Southfield, MI 48037 248−746−0700 Fax: 248−746−2760 Email: scataldo@swappc.com ATTORNEY TO BE NOTICED

Defendant
Edward Rose &Sons Inc TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward Rose of Indiana TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward Rose &Associates TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Edward Rose Development Co LLC TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Gary Weaver Architect

represented by Garry L Walton PHV (See above for address) ATTORNEY TO BE NOTICED

James Dimos (See above for address) ATTORNEY TO BE NOTICED

Defendant Eckert/Wordell Architects PC

represented by Garry L Walton PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dorchen/Martin Associates Inc TERMINATED: 05/25/2004

represented by Kevin J Gleeson PHV (See above for address) TERMINATED: 05/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sheri B Cataldo PHV (See above for address) TERMINATED: 05/25/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 10 of 30

Cross Claimant Edward Rose &Associates
Cross Claimant Edward Rose &Sons Inc Cross Claimant Edward Rose Construction Co Cross Claimant Edward Rose Development Co LLC Cross Claimant Edward Rose of Indiana TERMINATED: 05/25/2004 Cross Claimant Occidental Development Co

represented by Brigham Cook Smith PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederick M Baker PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M O'Hara PHV , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norman C Ankers PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick T Duerr PHV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED
represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED
represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED
represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED
represented by Timothy J Maher (See above for address) TERMINATED: 05/25/2004 ATTORNEY TO BE NOTICED
represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

V. Cross Defendant

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 11 of 30

Gary Weaver Architect TERMINATED: 05/25/2004

Cross Claimant Edward Rose &Associates

represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Cross Claimant
Edward Rose &Sons Inc TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) TERMINATED: 05/25/2004 ATTORNEY TO BE NOTICED

Cross Claimant
Edward Rose Construction Co TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) TERMINATED: 05/25/2004 ATTORNEY TO BE NOTICED

Cross Claimant
Edward Rose Development Co LLC TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) TERMINATED: 05/25/2004 ATTORNEY TO BE NOTICED

Cross Claimant Edward Rose of Indiana

represented by Timothy J Maher (See above for address) ATTORNEY TO BE NOTICED

Cross Claimant
Occidental Development Co TERMINATED: 05/25/2004

represented by Timothy J Maher (See above for address) TERMINATED: 05/25/2004 ATTORNEY TO BE NOTICED

V.
Cross Defendant
Gary Weaver Architect TERMINATED: 12/28/2005

Date Filed 01/18/2001 01/22/2001
02/12/2001
02/12/2001
05/29/2001

# Docket Text
1 COMPLAINT filed by USA (jld). (Entered: 01/22/2001)
SUMMONS issued as to defendant Edward Rose Constr, defendant Occidental Dev Co (Jerry Speedy) (smp) (Entered: 01/23/2001)
2 RETURN OF SERVICE executed upon defendant Edward Rose Constr on 1/25/01 (smp) (Entered: 02/13/2001)
3 RETURN OF SERVICE executed upon defendant Occidental Dev Co on 1/25/01 (smp) (Entered: 02/13/2001)
4 ORDER by Judge Allen Sharp Written Status report due 6/15/01 so this case may move forward Number of pages: 1 (cc: all counsel) (jld) (Entered: 05/30/2001)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 12 of 30

06/14/2001 06/14/2001 01/07/2002 01/30/2002 05/20/2002
05/20/2002 05/23/2002 06/05/2002 06/05/2002 06/05/2002 06/05/2002 06/06/2002
06/06/2002
06/06/2002 06/06/2002
06/06/2002
07/11/2002 08/14/2002
08/26/2002 08/30/2002
08/30/2002

5 ATTORNEY APPEARANCE for plaintiff USA by Harvey L Handley (jld) (Entered: 06/15/2001)
6 STATUS REPORT by plaintiff USA (jld) (Entered: 06/15/2001)
7 ORDER by Judge Allen Sharp Further Status report due 1/31/02 so that this case may move forward Number of pages: 1 (cc: all counsel) (jld) (Entered: 01/07/2002)
8 STATUS REPORT by plaintiff USA (jld) (Entered: 01/30/2002)
9 ATTORNEY APPEARANCE for defendant Edward Rose Constr, defendant Occidental Dev Co by Joseph R Fullenkamp, Timothy J Maher (smp) (Entered: 05/21/2002)
10 ANSWER by defendant Edward Rose Constr, defendant Occidental Dev Co to complaint [1−1] (smp) (Entered: 05/21/2002)
11 NOTICE: before Judge Allen Sharp ;Pretrial conference set 2:00 6/6/02 w/consent form (cc: all counsel) (saj) (Entered: 05/23/2002)
12 MOTION by defendant for attorney Christopher B Hanback, Tara K Gorman to appear pro hac vice (jld) (Entered: 06/06/2002)
FILING FEE PAID: on 6/5/02 in the amount of $ 60.00, receipt # 3307872. (jld) (Entered: 06/06/2002)
13 MOTION by defendants for attorney Andrew L Sandler, Jennifer Spaziano to appear pro hac vice (jld) (Entered: 06/06/2002)
FILING FEE PAID: on 6/5/02 in the amount of $ 60.00, receipt # 3307812. (jld) (Entered: 06/06/2002)
14 ORDER by Judge Allen Sharp granting motion for attorney Christopher B Hanback, Tara K Gorman to appear pro hac vice [12−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 06/06/2002)
15 ORDER by Judge Allen Sharp granting motion for attorney Andrew L Sandler, Jennifer Spaziano to appear pro hac vice [13−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 06/06/2002)
16 ATTORNEY APPEARANCE for plaintiff USA by Ming−Yuen Meyer−Fong (jld) (Entered: 06/06/2002)
17 PRETRIAL CONFERENCE: before Judge Allen Sharp , All Discovery ddl set for 6/30/03 ; Designation of experts/reports due from both sides by 1/6/03; amend to pleadings set 9/3/02 to add any new parties (no extensions) ; Case referred to Mag. Nuechterlein for a settle conf (cc: all counsel) (saj) (Entered: 06/06/2002)
18 ORDER OF REFERRAL by Judge Allen Sharp referring case to Mag. Nuechterlein for a settle conf; Number of pages: 1 (cc: all counsel) (saj) (Entered: 06/06/2002)
19 JOINT STATUS REPORT by parties (jld) (Entered: 07/11/2002)
20 ORDER FOR TELEPHONIC STATUS CONFERENCE by Mag J Christopher A. Nuechterlein Telephonic Status conference set for 2:45 9/9/02 (South Bend time) before Mag J Christopher A. Nuechterlein to schedule settlement conference; Court to make necessary arrangements Number of pages: 1 (cc: all counsel) (jld) (Entered: 08/15/2002)
21 ATTORNEY APPEARANCE for plaintiff USA by Erin Meehan Richmond (jld) (Entered: 08/26/2002)
22 MOTION by plaintiff USA for leave to file amended complaint to include an additional 10 apartment complexes and additional defendants (jld) (Entered: 08/30/2002)
RECEIPT of original and copies of proposed First Amended Complaint (jld) (Entered: 08/30/2002)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 13 of 30

08/31/2002 08/31/2002 09/10/2002
09/19/2002 09/19/2002 09/19/2002 09/20/2002
09/20/2002
09/24/2002
10/03/2002 10/04/2002 10/07/2002 10/09/2002 10/09/2002 10/09/2002 10/09/2002 10/09/2002 10/16/2002 10/16/2002

23 ORDER by Judge Allen Sharp granting motion for leave to file amended complaint to include an additional 10 complexes and additional defendants [22−1] Number of 1 (cc: all counsel) (jld) (Entered: 09/04/2002)
24 AMENDED COMPLAINT [1−1] by plaintiff USA; adding Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co, Gary Weaver, Eckert/Wordell, Dorchen/Martin Assoc (jld) (Entered: 09/05/2002)
25 ORDER FOR SETTLEMENT CONFERENCE by Mag J Christopher A. Nuechterlein settlement conference 9:30 11/13/02 (South Bend time) before Mag J Christopher A. Nuechterlein; confidential Settlement report due 11/8/02 Number of pages: 4 (cc: all counsel) (jld) (Entered: 09/11/2002)
26 MOTION by plaintiff USA to compel defendants to permit entry upon land for inspection and for expedited review (jld) (Entered: 09/20/2002)
27 MEMORANDUM by plaintiff USA of authorities in support of motion to compel defendants to permit entry upon land for inspection and for expedited review [26−1] (jld) (Entered: 09/20/2002)
28 MOTION by plaintiff USA for telephonic conference addressing plaintiff's motion to compel (jld) (Entered: 09/20/2002)
29 RESPONSE by defendants Edward Rose Constr, Occidental Dev Co in opposition to motion for telephonic conference addressing plaintiff's motion to compel [28−1], to motion to compel defendants to permit entry upon land for inspection and for expedited review [26−1] (jld) (Entered: 09/20/2002)
30 NOTICE: before Judge Allen Sharp finding the motion for telephonic conference addressing plaintiff's motion to compel [28−1] moot., regarding [26−1] ; Hearing on motion to compel set for 1:30 9/24/02 (cc: all counsel) (saj) (Entered: 09/20/2002)
31 MOTIONS ORAL ARGUMENT: before Judge Allen Sharp; Counsel agree that inspection of 14 properties in amended complaint will be inspected by 11/13/02; finding the motion to compel defendants to permit entry upon land for inspection and for expedited review [26−1] moot. (cc: all counsel) (saj) (Entered: 09/24/2002)
32 ATTORNEY APPEARANCE for defendant Gary Weaver by Michael C Cook, Jane Ann Himsel (jld) (Entered: 10/03/2002)
33 ANSWER by defts Edward Rose &Sons, Edward Rose Constr, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co, Occidental Dev Co to 1st amended complaint [24−1] (jld) (Entered: 10/07/2002)
34 ATTORNEY APPEARANCE for defendant Dorchen/Martin Assoc by J Thomas Vetne (jld) (Entered: 10/07/2002)
35 MOTION by defendant Dorchen/Martin Assoc for attorney Kevin J Gleeson to appear pro hac vice (jld) (Entered: 10/09/2002)
36 MOTION by defendant Dorchen/Martin Assoc for attorney Sheri B Cataldo to appear pro hac vice (jld) (Entered: 10/09/2002)
37 ORDER by Judge Allen Sharp granting motion for attorney Kevin J Gleeson to appear pro hac vice [35−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 10/09/2002)
38 ORDER by Judge Allen Sharp granting motion for attorney Sheri B Cataldo to appear pro hac vice [36−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 10/09/2002)
TRANSCRIPT filed no. of volumes: 1 for dates: 9/24/02 Court Reporter: Loretta M Spromberg (jld) (Entered: 10/09/2002)
39 WAIVER OF SERVICE executed upon defendant Eckert/Wordell on 9/20/02 (jld) (Entered: 10/17/2002)
40 WAIVER OF SERVICE executed upon defendant Dorchen/Martin Assoc on 9/16/02 (jld) (Entered: 10/17/2002)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 14 of 30

10/16/2002 10/16/2002 10/23/2002 10/23/2002 10/23/2002 10/23/2002 10/23/2002
10/23/2002 10/23/2002 10/23/2002
10/23/2002 11/01/2002 11/05/2002 11/05/2002 11/05/2002 11/19/2002 11/26/2002 12/05/2002
12/06/2002
12/09/2002 12/12/2002 12/12/2002

41 WAIVER OF SERVICE executed upon defendant Gary Weaver on 9/25/02 (jld) (Entered: 10/17/2002)
42 WAIVER OF SERVICE executed upon defendant Edward Rose &Sons on 9/18/02 (jld) (Entered: 10/17/2002)
43 MOTION by defendant Dorchen/Martin Assoc for more definite statement (jld) (Entered: 10/24/2002)
44 BRIEF by defendant Dorchen/Martin Assoc in support of motion for more definite statement [43−1] (jld) (Entered: 10/24/2002)
45 NOTICE OF HEARING by defendant Dorchen/Martin Assoc on Motion for More Definite Statement to be set by the Court (jld) (Entered: 10/24/2002)
46 CORPORATE DISCLOSURE by defendant Dorchen/Martin Assoc (jld) (Entered: 10/24/2002)
47 PROOF OF SERVICE by defendant Dorchen/Martin Assoc of Motion for More Definite Statement, Brief in Support &Notice of Hearing (jld) (Entered: 10/24/2002)
48 MOTION by defendant Eckert/Wordell for attorney Garry :L Walton to appear pro hac vice (jld) (Entered: 10/24/2002)
49 ATTORNEY APPEARANCE for defendant Gary Weaver by James Dimos (jld) (Entered: 10/24/2002)
50 ORDER by Judge Allen Sharp granting motion for attorney Garry L Walton to appear pro hac vice [48−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 10/24/2002)
PRO HAC VICE FEE PAID: on 10/23/02 in the amount of $ 30.00, receipt # 3310175. (jld) (Entered: 10/25/2002)
51 MEMORANDUM by plaintiff USA in opposition to deft Dorchen/Martin's motion for more definite statement [43−1] (jld) (Entered: 11/04/2002)
52 ATTORNEY APPEARANCE for defendant Eckert/Wordell, by Garry L Walton (jld) (Entered: 11/05/2002)
53 CORPORATE DISCLOSURE by Eckert/Wordell (jld) (Entered: 11/05/2002)
54 ANSWER by defendant Eckert Wordell Architects to first amended complaint [24−1] (jld) Modified on 11/08/2002 (Entered: 11/05/2002)
55 ANSWER by defendant Gary Weaver to first amended complaint [24−1] (jld) (Entered: 11/19/2002)
56 NOTICE: before Judge Allen Sharp regarding [43−1] Oral Argument set for 4:00 12/19/02 (cc: all counsel) (saj) (Entered: 11/26/2002)
57 MOTION by defendant Dorchen/Martin Assoc to advance time for oral argument on motion for more definite statement from 4:00 to 1:30 on 12/19/02 (jld) (Entered: 12/06/2002)
58 ORDER by Judge Allen Sharp granting motion to advance time for oral argument on motion for more definite from 4:00 to 1:30 on 12/19/02 [57−1] hearing on motion for more definite statement reset for 1:30 12/19/02 (South Bend time) Number of pages: 1 (cc: all counsel) (jld) (Entered: 12/06/2002)
59 MAIL Returned [56−2] addressed to plaintiff USA (jld) (Entered: 12/10/2002)
60 MOTION by plaintiff USA to compel the Rose defendants to permit entry upon land for inspection and to produce documents (jld) (Entered: 12/13/2002)
61 MEMORANDUM by plaintiff USA in support of motion to compel the Rose defendants to permit entry upon land for inspection and to produce documents [60−1] (jld) (Entered: 12/13/2002)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 15 of 30

12/12/2002 12/13/2002
12/18/2002 12/19/2002 12/19/2002
12/23/2002 12/23/2002 12/30/2002
01/02/2003 01/03/2003 01/03/2003 01/03/2003 01/06/2003 01/06/2003 01/06/2003 01/06/2003 01/06/2003 01/07/2003 01/10/2003 01/10/2003

62 GOOD FAITH CERTIFICATE to accompany its motion to compel by plaintiff USA (jld) (Entered: 12/13/2002)
63 MOTION by defendants Edward Rose &Sons, Edward Rose Constr, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co, Occidental Dev Co, Gary Weaver, Eckert/Wordell, Dorchen/Martin Assoc to extend ddl for defendatns to exchange expert disclosures and request for expedited hearings on 12/19/02 at 1:30 (jld) (Entered: 12/17/2002)
64 RESPONSE by plaintiff USA in opposition to motion to extend ddl for defendants to exchange expert disclosures and request for expedited hearings on 12/19/02 at 1:30 [63−1] (jld) (Entered: 12/19/2002)
65 ATTORNEY APPEARANCE for defendant Gary Weaver by Dean R Brackenridge (jld) (Entered: 12/19/2002)
66 MOTIONS ORAL ARGUMENT: before Judge Allen Sharp granting motion to extend ddl for defendatns to exchange expert disclosures request for expedited hearings on 12/19/02 at 1:30 [63−1], denying motion for more definite statement [43−1] Expert reports and disclosures for Pltf &Defts to 4/1/03 and to 6/30/03 to file rebuttal or opposition to such (cc: all counsel) (saj) (Entered: 12/19/2002)
TRANSCRIPT of Oral Argument filed no. of volumes: 1 for dates: 12/19/02 Court Reporter: Loretta M Spromberg (jld) (Entered: 12/23/2002)
TRANSCRIPT filed no. of volumes: 1 for dates: 11/13/02 11/14/02 Settlement Conference − Court Reporter: Geneva L Sones (slm) (Entered: 01/03/2003)
67 OPPOSITION by defendants Edward Rose &Sons, Edward Rose &Sons, Edward Rose Constr, Edward Rose &Assoc, Edward Rose Dev Co, Occidental Dev Co to motion to compel the Rose defendants permit entry upon land for inspection and to produce documents [60−1] (jld) (Entered: 12/30/2002)
68 MAIL Returned [66−2] addressed to plaintiff USA (Housing &Civil Enforcement Section) (rmn) (Entered: 01/06/2003)
69 ANSWER by defendant Dorchen/Martin Assoc to amended complaint [24−1] (jld) (Entered: 01/06/2003)
70 Affirmative Defense filed by defendant Dorchen/Martin Assoc (jld) (Entered: 01/06/2003)
71 PROOF OF SERVICE by defendant Dorchen/Martin Assoc of Answer to Amended Complaint &Affirmative Defenses (jld) (Entered: 01/06/2003)
72 MOTION by plaintiff USA for leave to file second amended complaint (jld) (Entered: 01/06/2003)
RECEIPT of proposed second amended complaint (jld) (Entered: 01/06/2003)
73 MOTION by plaintiff USA to compel the Rose Defendants to Respond to the USA's request for production of documents No 1 (jld) (Entered: 01/06/2003)
74 MEMORANDUM of Authorities by plaintiff USA in support of motion to compel the Rose Defendants to Respond to the USA's request for production of documents No 1 [73−1] (jld) (Entered: 01/06/2003)
75 SUPPLEMENT by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co re motion response [67−1] (jld) (Entered: 01/07/2003)
76 NOTICE: before Judge Allen Sharp regarding [73−1], regarding [72−1], regarding [60−1] All motions oral argument hearing set in Lafayette, IN for 4:00 1/24/03 (cc: all counsel) (saj) (Entered: 01/07/2003)
77 MOTION by defendants' the Rose Companies to change the hearing date on pending motions from 1/24/03 to 1/22/03 (rmn) (Entered: 01/13/2003)
78 ORDER by Judge Allen Sharp granting motion to change the hearing date on pending motions from 1/24/03 to 1/22/03 [77−1] Hearing reset to 10:30 1/22/03

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 16 of 30

01/13/2003 01/21/2003
01/21/2003
01/21/2003 01/22/2003
01/27/2003
01/27/2003 01/28/2003 01/30/2003 01/30/2003 01/30/2003
01/30/2003
02/04/2003 02/04/2003 02/07/2003 02/10/2003

(CST/Hammond time) before Judge Allen Sharp in the 4th floor courtroom in the Hammond Federal Building Number of pages: 1 (cc: all counsel) (jld) (Entered: 01/13/2003)
79 REPLY by plaintiff USA to response/opposition to motion to compel the Rose defendants to permit entry upon land for inspection and to produce documents [60−1] (jld) (Entered: 01/14/2003)
80 RESPONSE in Opposition by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co to motion for leave to file second amended complaint [72−1] (jld) (Entered: 01/22/2003)
81 RESPONSE by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co in Opposition to motion to compel the Rose Defendants to Respond to the request for production of documents No 1 [73−1] (jld) (Entered: 01/22/2003)
83 MAIL Returned [76−2] addressed to plaintiff USA c/o atty Harvey L Handley (jld) (Entered: 01/23/2003)
82 MOTIONS ORAL ARGUMENT: before Judge Allen Sharp ; Court heard oral argument, granting motion for leave to file second amended complaint [72−1] − all claims of nature in this case must be included in second amended complaint which is to include claims in US District Court in EDMI, Motions to compel will be referred to Mag. Nuechterlein. (saj) (Entered: 01/23/2003)
84 ORDER OF REFERRAL TO U.S. MAGISTRATE JUDGE FOR A SPECIFIC MOTION by Judge Allen Sharp referring case to Mag J Christopher A Nuechterlein for the disposition of the motions to compel. Number of pages: 1 (cc: Mag J Nuechterlein, all counsel) (jld) (Entered: 01/27/2003)
85 MOTION by plaintiff USA for reconsideration of order conditionally granting motion for leave to file amended complaint (jld) (Entered: 01/28/2003)
TRANSCRIPT filed no. of volumes: 1 for dates: 1/22/03 Court Reporter: Loretta Spromberg (jld) (Entered: 01/28/2003)
86 MAIL Returned [78−1], [78−2] addressed to Harvey Handly for plaintiff USA (jld) (Entered: 01/31/2003)
87 UNOPPOSED MOTION by plaintiff USA to dismiss without prejudice its motion to compel the Rose defendants to respond to the USA's request for production No 1 (jld) (Entered: 01/31/2003)
88 OPPOSITION by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co to motion for reconsideration of order conditionally granting motion for leave to file amended complaint [85−1] (jld) (Entered: 02/03/2003)
89 ORDER by Mag Judge Christopher A. Nuechterlein granting motion to dismiss without prejudice its motion to compel Rose defendants to respond to the USA's request for production No 1 [87−1] dismissing the motion to compel the Rose Defendants to Respond to the USA's request for production of documents No 1 [73−1] Number of pages: 1 (cc: all counsel) (jld) (Entered: 02/03/2003)
90 MAIL Returned [82−1] addressed to Harvey L Handley (jld) (Entered: 02/04/2003)
91 ORDER by Mag Judge Christopher A. Nuechterlein granting motion to compel the Rose defendants to permit entry upon land for inspection and to produce documents [60−1] Number of pages: 6 (cc: all counsel) (jld) (Entered: 02/05/2003)
92 MOTION by defendants The Rose Companies to amend the court's 2/4/03 order (rmn) (Entered: 02/10/2003)
93 MAIL Returned [84−1] addressed to plaintiff USA (Handley, DOJ − moved not forwardable) (rmn) (Entered: 02/11/2003)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 17 of 30

02/11/2003 02/13/2003 02/14/2003 02/14/2003 02/18/2003 02/18/2003 02/18/2003 02/20/2003 02/21/2003 02/24/2003 02/24/2003 02/24/2003 02/25/2003
02/26/2003
02/28/2003 02/28/2003 02/28/2003 02/28/2003

94 MEMORANDUM by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co in opposition to motion to amend the court's 2/4/03 order [92−1] (jld) (Entered: 02/12/2003)
95 REPLY by plaintiff USA re motion for reconsideration of the Court's 1/23/03 order [85−1] (jld) (Entered: 02/14/2003)
96 MOTION by defendants Edward Rose Constr, Edward Rose &Sons, Edward Rose of IN, Edward Rose &Assoc, Edward Rose Dev Co for partial summary judgment (jld) (Entered: 02/14/2003)
97 MEMORANDUM by Rose defendants in support of motion for partial summary judgment [96−1] (jld) (Entered: 02/14/2003)
98 ORDER by Judge Allen Sharp ;Hearing set for 3:00 2/27/03 in South Bend to discuss filings made on 2/7/03, 2/11/03 and 2/13/03 Number of pages: 1 (cc: all counsel) (mlc) (Entered: 02/18/2003)
99 MAIL Returned [89−1] addressed to plaintiff USA c/o atty Harvey L Handley (jld) (Entered: 02/19/2003)
100 MAIL Returned [91−1] addressed to plaintiff USA c/o atty Harvey L Handley (jld) (Entered: 02/19/2003)
101 MOTION by defendant Dorchen/Martin Assoc to continue hearing currently set 2/27/03 to 3/4/03 or later (jld) (Entered: 02/21/2003)
102 NOTICE by "Rose" defendants of no objection to motion to continue 2/27/03 hearing (jld) (Entered: 02/24/2003)
103 ORDER by Judge Allen Sharp Case transferred to Dist of: Eastern District of Michigan, Southern Division, case #02−73518 before the Honorable Victoria A Roberts Number of pages: 1 (cc: all counsel) (jld) (Entered: 02/24/2003)
104 CLERK'S ENTRY OF JUDGMENT regarding [103−1], regarding [103−2] (cc: all counsel) (jld) (Entered: 02/24/2003)
105 LETTER transferring case to ED of Michigan, sending all original documents, certified copy of transfer order and judgment and certified copy of docket sheet (jld) (Entered: 02/25/2003)
106 NOTICE OF WITHDRAWAL OF MOTION FOR PARTIAL SUMMARY JUDGMENT by defendant Edward Rose Constr, defendant Occidental Dev Co, defendant Edward Rose &Sons, defendant Edward Rose of IN, defendant Edward Rose &Assoc, defendant Edward Rose Dev Co, defendant Edward Rose &Sons, defendant Edward Rose of IN, defendant Edward Rose &Assoc, defendant Edward Rose Dev Co (kds) (Entered: 03/05/2003)
107 MOTION by plaintiff USA, defendant Edward Rose Constr, defendant Occidental Dev Co, defendant Edward Rose &Sons, defendant Edward Rose of IN, defendant Edward Rose &Assoc, defendant Edward Rose Dev Co, defendant Gary Weaver, defendant Eckert/Wordell, defendant Dorchen/Martin Assoc, defendant Edward Rose &Sons, defendant Edward Rose of IN, defendant Edward Rose &Assoc, defendant Edward Rose Dev Co, defendant Gary Weaver, defendant Eckert/Wordell, defendant Dorchen/Martin Assoc to stay transfer pending opportunity to be heard (kds) (Entered: 03/05/2003)
108 RESPONSE by plaintiff USA to motion to stay transfer pending opportunity to be heard [107−1] (kds) (Entered: 03/05/2003)
RECEIPT of Defendant's Motion to Reconsider, Alter or Amend Order (kds) (Entered: 03/05/2003)
RECEIPT of Brief in Support of Defendant's Motion to Reconsider, Alter or Amend Order (kds) (Entered: 03/05/2003)
RECEIPT of Rose Defendant's Motion to Reconsider, Alter, Amend Judgment, and/or for Relief from Judgment or Order to Transfer, and to Enjoin Prosecution of Michigan Action (kds) (Entered: 03/05/2003)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 18 of 30

02/28/2003 03/03/2003 03/06/2003 03/06/2003 03/10/2003 03/19/2003 04/03/2003 04/14/2003 05/09/2003 06/09/2003 01/29/2004 02/10/2004
02/12/2004
02/12/2004
02/12/2004 02/17/2004 02/20/2004

RECEIPT of Rose Defendants' Brief in Support of Motion to Reconsider, Alter or Amend Judgment, and/or for Relief from Judgment or Order to Transfer, and to Enjoin Prosecution of Michigan Action (kds) (Entered: 03/05/2003)
RECEIPT of Motion to Reconsider, Alter or Amend Transfer Order by Defendant, Dorchen/Martin Associates, Inc. (kds) (Entered: 03/05/2003)
109 MAIL Returned [103−2], [104−1] addressed to plaintiff USA c/o Harvey L Handley (Moved, not forwardable) (jld) (Entered: 03/06/2003)
110 RECEIPT of Record Transmittal Letter from ED of Michigan, case assigned # 03−70865 before Magistrate Judge R Steven Whalen (jld) (Entered: 03/06/2003)
111 MAIL Returned [98−2] addressed to plaintiff USA c/o Harvey L Handley (jld) (Entered: 03/11/2003)
112 NOTIFICATION by Circuit Court of Appellate Docket Number 03−1663 (jld) (Entered: 03/20/2003)
113 NOTICE: before Judge Allen Sharp regarding [107−1] ;Oral Argument on pending motions set for 2:00 5/9/03 (cc: all counsel) (saj) (Entered: 04/03/2003)
114 MAIL Returned [113−2] addressed to plaintiff USA c/o Harvey L Handley, Moved, not forwardable (jld) (Entered: 04/15/2003)
115 ORAL ARGUMENT: before Judge Allen Sharp regarding [107−1] Court is unable to do anything in this case (cc: all counsel) (saj) (Entered: 05/09/2003)
TRANSCRIPT filed no. of volumes: 1 for dates: 5/9/03 Court Reporter: Loretta Spromberg (sdf) (Entered: 06/09/2003)
118 OPINION AND ORDER re−transferring case to U S District Court Northern District of Indiana. Signed by Judge Victoria A Roberts U S District Court Eastern District of Michigan Southern Division on 1/29/04. (sdf, ) (Entered: 02/12/2004)
117 NOTICE OR TRANSFER TO OTHER DISTRICT: Case is re−transferred to U S District Court/Norhern District of Indiana, South Bend (sdf, ) Modified on 3/11/2004 (sdf, ). Record rec'd consisting of 3 volumes of pleadings, 4 volumes of transcripts (all originals from Northern District of Indiana), 2 expandable folders(all original pleadings from Eastern District of Michigan) (Entered: 02/12/2004)
120 MOTION for Hearing re 117 Notice (Other) status conference by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 02/12/2004)
121 MOTION for Leave to File amended answer including crossclaim by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co. (Attachments: # 1)(Maher, Timothy) (Entered: 02/12/2004)
122 PROOF OF SERVICE by defendant's of Amended Response to USA's 1st set of Interrogatories (sdf, ) Modified on 2/19/2004−typo corrected (rmn). (Entered: 02/18/2004)
123 PROOF OF SERVICE of The Rose Companies' discovery documents to plaintiff(sdf, ) (Entered: 02/20/2004)
124 MOTION for Partial Summary Judgment Memorandum and appendix in support of same by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co. Response Brief due by 3/24/2004 (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Maher, Timothy)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 19 of 30

02/23/2004
02/24/2004 02/24/2004 02/24/2004 02/25/2004 02/25/2004
02/26/2004 02/27/2004 03/04/2004
03/08/2004
03/09/2004 03/09/2004
03/11/2004 03/12/2004 03/15/2004 03/15/2004

(Entered: 02/20/2004)
125 Proof OF SERVICE by Rose Defendants Supplement to responses regarding modification for properties managed at Farmington Hills Office, Supplement to responses regarding modifications for properties managed at Kalamazoo Office (sdf, ) (Entered: 02/24/2004)
126 NOTICE of Appearance by Sean R Keveney on behalf of United States of America (sdf, ) (Entered: 02/25/2004)
127 ORDER granting 120 Motion for Hearing . Signed by Judge Allen Sharp on 2/24/04. (sdf, ) (Entered: 02/25/2004)
Set/Reset Hearings: Status Conference set for 3/19/2004 01:00 PM (EST) in South Bend before Judge Allen Sharp. (sdf, ) (Entered: 02/25/2004)
128 MOTION to Withdraw as Attorney by Defendant Gary Weaver. (Himsel, Jane) (Entered: 02/25/2004)
129 ORDER REFERRING CASE to Magistrate Judge Christopher A Nuechterlein to conduct such proceedings as are required including all pretrial scheduling conferences and to enter into the record a written order setting forth the disposition of all nondispositive pretrial matters . Signed by Judge Allen Sharp on 2/25/04. (sdf, ) (Entered: 02/26/2004)
130 ORDER granting 128 Motion to Withdraw as Attorney for defendant Gary Weaver. Attorney Michael C Cook and Jane Ann Himsel terminated . Signed by Judge Allen Sharp on 2/26/04. (sdf, ) (Entered: 02/27/2004)
131 MOTION to Dismiss and/or Hold in Abeyance the Rose defendants' Motion for Summary Judgment by Plaintiff United States of America. (sdf, ) (Entered: 03/01/2004)
132 RESPONSE to Motion re 131 MOTION to Dismiss and/or hold in abeyance the Rose Defendants' Motion for Summary Judgment filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 03/04/2004)
133 NOTICE by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co re 121 MOTION for Leave to File amended answer including crossclaim Notice of Ripeness for Summary Ruling (Maher, Timothy) (Entered: 03/08/2004)
134 ORDER granting 121 Motion for Leave to File Amended Answer, Affirmative Defenses and Crossclaim. Signed by Judge Christopher A Nuechterlein on 3/9/04. (sdf, ) (Entered: 03/09/2004)
135 AMENDED ANSWER AND AFFIRMATIVE DEFENSES of the Rose Defendants to First Amended Complaint 24 and Crossclaim against Gary Weaver (sdf, ) Modified on 3/31/2004 to add link to amended complaint (lpw). (Entered: 03/09/2004)
136 REPLY to Response to 131 MOTION to Dismiss and/or hold in abeyance the Rose defendants' motion for partial summary judgment filed by United States of America. (sdf, ) (Entered: 03/12/2004)
137 Mail Returned as Undeliverable. Mail sent to Harvey L Handley. Court's order 127 (sdf, ) (Entered: 03/15/2004)
138 Mail Returned as Undeliverable. Mail sent to Harvey L. Handley (court's order of 2/26/04 130 ) (sdf, ) Modified on 3/16/2004 (sdf, ). (Entered: 03/16/2004)
139 MOTION FOR SEVERANCE and Transfer of Certian Claims to the Eastern District of Michigan by Plaintiff United States of America. (sdf, ) (Entered: 03/16/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 20 of 30

03/15/2004 03/19/2004
03/19/2004 03/19/2004 03/19/2004 03/24/2004 03/24/2004
03/26/2004 03/29/2004 03/30/2004 04/01/2004 04/02/2004 04/05/2004

140 MEMORANDUM in Support of 139 MOTION for Severance and Transfer filed by United States of America. (Attachments: # 1Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D)(sdf, ) (Entered: 03/16/2004)
141 STATUS HEARING held before Judge Allen Sharp on 3/19/2004 re 131 MOTION to Dismiss, 124 MOTION for Partial Summary Judgment, 139 MOTION to Sever. Plaintiff's 2nd amended complaint attached to 1/6/2003 72 motion to amend complaint is to be filed as of today. Defendants given until 4/12/2004 to answer. Referral order of 2/25/04 129 to Mag. Judge Nuechterlein is now SET ASIDE. 1:08−1:53 (Court Reporter Spromberg.) (saj) Modified on 3/19/2004 (sdf, ). (Entered: 03/19/2004)
142 2nd AMENDED COMPLAINT against Dorchen/Martin Associates Inc, Eckert/Wordell Architects PC, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Gary Weaver , filed by United States of America.(sdf, ) (Entered: 03/19/2004)
143 MOTION for Leave of Attorneys Frederick M Baker Jr, Norman C Ankers, righam Cook Smith, Jon M O'Hara Jr, and Patrick T Duerr to Appear Pro Hac Vice for Edward Rose Defendants (sdf, ) (Entered: 03/22/2004)
144 ORDER granting 143 Motion for Leave for Attorneys Frederick M Baker Jr, Norman C Ankers, Brigham Cook Smith, John M O'Hara Jr, and Patrick T Duerr to Appear Pro Hac Vice . Signed by Judge Allen Sharp on 3/19/04. (sdf, ) (Entered: 03/22/2004)
145 Rose Defendants' ANSWER to 142 Amended Complaint Second Amended Complaint, CROSSCLAIM against Gary Weaver by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Gary Weaver.(Maher, Timothy) (Entered: 03/24/2004)
146 JOINT STIPULATION for Extension of Deadline to/including 04/19/2004 to File Response to Rose Defendants' Motion for Partial Summary Judgment filed by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Plaintiff United States of America. (rmn) (Entered: 03/25/2004)
147 ANSWER to 135 Crossclaim of Rose Defendant's by Gary Weaver.(Dimos, James) (Entered: 03/26/2004)
148 RESPONSE in Opposition re 139 MOTION to Sever and transfer certain properties filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 03/29/2004)
149 SUPPLEMENT to 148 Response in Opposition to Motion, Exhibit A, federal caseload statistics, inadvertentenly omitted from original filing, filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 03/30/2004)
150 Mail Returned as Undeliverable. Mail sent to Harvey L Handley − court's order of 3/19/04 142 (sdf, ) (Entered: 04/02/2004)
151 MEMORANDUM OF LAW IN RESPONSE to 139 MOTION for severance and transfer of claim to the Eastern District of Michigan filed by Dorchen/Martin Associates Inc, Eckert/Wordell Architects PC, United States of America. (sdf, ) Modified on 5/25/2004 (lpw). (Entered: 04/05/2004)
152 MOTION for Protective Order by Plaintiff United States of America. (Attachments: # 1 Affidavit Affidavit of Service# 2 Affidavit Local Rule 37.1 Certification# 3 Exhibit A# 4 Exhibit B)(Keveney, Sean) (Entered: 04/05/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 21 of 30

04/05/2004 04/07/2004 04/08/2004 04/08/2004 04/12/2004 04/13/2004 04/13/2004 04/13/2004 04/15/2004 04/15/2004 04/15/2004 04/19/2004 04/22/2004
04/22/2004 04/22/2004 05/03/2004

153 MOTION for Protective Order by Plaintiff United States of America. (Attachments: # 1 Exhibit C(1)# 2 Exhibit C(2)# 3 Exhibit C(3)# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Keveney, Sean) (Entered: 04/05/2004)
154 TRANSCRIPT of Oral Argument Proceedings held on 3/19/04 before Judge Allen Sharp. Court Reporter: Loretta M Spromberg. (sdf, ) (Entered: 04/08/2004)
155 REPLY to Response to Motion re 139 MOTION to Sever and Transfer Certain Claims to the U.S. District Court for the Eastern District of Michigan filed by United States of America. (Attachments: # 1 Exhibit 6th Circuit Order)(Keveney, Sean) (Entered: 04/08/2004)
156 ANSWER to 142 2nd Amended Complaint by Dorchen/Martin Associates Inc.(sdf, ) Additional attachment(s) (Affirmative Defenses, and Proof of Service) (sdf, ). Modified on 4/9/2004 (sdf, ). (Entered: 04/09/2004)
157 ANSWER to 142 Amended Complaint by Gary Weaver.(Dimos, James) (Entered: 04/12/2004)
158 ANSWER to 142 2nd Amended Complaint by Eckert/Wordell Architects PC.(sdf, ) (Entered: 04/14/2004)
159 ORDER denying 139 USA's Motion to Sever and Transfer. Signed by Judge Allen Sharp on 4/13/04. (sdf, ) (Entered: 04/14/2004)
160 ORDER REFERRING CASE to Magistrate Judge Christopher A Nuechterlein for all dispositive and nondispositive matters. Signed by Judge Allen Sharp on 4/13/04. (sdf, ) (Entered: 04/14/2004)
161 ORDER OF RECUSAL: Because the parties have participated in a settlement conference before Judge Christopher A Nuechterlein, this Judge sua sponte recuses himself from this case. . Signed by Judge Christopher A Nuechterlein on 4/15/04. (sdf, ) (Entered: 04/15/2004)
162 ORDER REFERRING CASE to Magistrate Judge Paul R Cherry for all dispositive and nondispositive matters. Signed by Judge Allen Sharp on 4/15/04. (sdf, ) (Entered: 04/15/2004)
163 JOINT STIPULATION OF EXTENSION OF DEADLINE FOR United States' Response to Rose Defendants' Motion for Partial Summary Judgment 124 to/including 5/10/04(sdf, ) (Entered: 04/16/2004)
164 RECEIPT of proposed Protective Order (sdf, ) (Entered: 04/19/2004)
165 STIPULATION re 153 MOTION for Protective Order to be held in abeyance pending further action by the parties by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Cross Claimants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Occidental Development Co. (Maher, Timothy) (Entered: 04/22/2004)
166 NOTICE of Hearing: Telephonic Status Conference set for 5/20/2004 02:00 PM before Magistrate Judge Paul R Cherry. The Court will contact all counsel listed on docket sheet at the telephone number of record unless otherwise notified by counsel within (48) hours of the scheduled conference.(smb) (Entered: 04/22/2004)
167 STIPULATED ORDER ALLOWING DEFENDANT TO FILE AN AMENDED ANSWER TO 2ND AMENDED COMPLAINT by Defendant Dorchen/Martin Associates Inc. (Attachments: # 1 proposed Amended Answer# 2 proposed Affirmative Defenses# 3 Proof of Service)(sdf, ) (Entered: 04/23/2004)
169 PROOF OF SERVICE of discovery documents by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana (sdf, ) (Entered: 05/06/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 22 of 30

05/05/2004 05/06/2004 05/06/2004 05/06/2004 05/06/2004 05/06/2004 05/07/2004 05/07/2004 05/07/2004
05/10/2004 05/12/2004 05/12/2004 05/13/2004 05/17/2004

168 Joint STIPULATION Concerning Protective Order Related to Plaintiff Documents from HUD by Plaintiff United States of America. (Keveney, Sean) (Entered: 05/05/2004)
170 ORDER granting 167 Stipulation allowing defendant Dorchen/Martin Associates Inc to file an Amended Answer to 2nd Amended Complaint. Signed by Judge Paul R Cherry on 5/6/04. (sdf, ) (Entered: 05/07/2004)
171 AMENDED ANSWER to 142 2nd Amended Complaint by Dorchen/Martin Associates Inc. (Attachments: # 1 Affirmative Defenses# 2 Proof of Service)(sdf, ) (Entered: 05/07/2004)
172 ORDER: Pursuant to the CM/ECF Civil and Criminal User Manual Section II.E.3 page 5 the requisite Notices of Endorsement are to be filed with the court on or before 5/14/04. Signed by Judge Paul R Cherry on 5/6/04. (sdf, ) (Entered: 05/07/2004)
173 ORDER granting 163 Joint Stipulation of Extension of time to respond to Rose Defendants' Motion for Partial Summary jugment 124 . Response to be filed by 5/10/2004. Signed by Judge Paul R Cherry on 5/6/04. (sdf, ) (Entered: 05/07/2004)
174 PROTECTIVE ORDER related to Financial information of Defendant Gary Weaver, Architect. Signed by Judge Paul R Cherry on 5/6/04. (sdf, ) (Entered: 05/07/2004)
175 NOTICE OF ENDORSEMENT of 168 Joint STIPULATION Concerning Protective Order Related to Plaintiff Documents from HUD by Gary Weaver (Brackenridge, Dean) (Entered: 05/07/2004)
176 NOTICE OF ENDORSEMENT of 165 STIPULATION re 153 MOTION for Protective Order to be held in abeyance pending further action by the parties by United States of America (Keveney, Sean) (Entered: 05/07/2004)
177 Joint MOTION for Extension of Time to File Response/Reply as to 124 MOTION for Partial Summary Judgment Memorandum and appendix in support of same by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Cross Claimants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Occidental Development Co. (Maher, Timothy) (Entered: 05/07/2004)
178 NOTICE OF ENDORSEMENT of 168 Joint STIPULATION Concerning Protective Order Related to Plaintiff Documents from HUD by Edward Rose &Associates, Edward Rose &Sons Inc (Fullenkamp, Joseph) (Entered: 05/10/2004)
179 ORDER granting 165 Stipulation and Order Holding United States' Motions for Protective Order 152 , 153 in Abeyance until the parties determine that the issue presented cannot be resolved without intervention by the Court.. Signed by Judge Paul R Cherry on 5/12/04. (sdf, ) (Entered: 05/12/2004)
180 NOTICE OF ENDORSEMENT of 177 Joint MOTION for Extension of Time to File Response/Reply as to 124 MOTION for Partial Summary Judgment Memorandum and appendix in support of same by United States of America (Johnson, Clifford) (Entered: 05/12/2004)
181 ORDER granting 177 Joint MOTION for Extension of Time to File Response as to 124 MOTION for Partial Summary Judgment. Motion 177 terminated. Response to motion for partial summary judgment to be filed by 6/3/2004. Signed by Judge Paul R Cherry on 05/13/2004. (rmn) (Entered: 05/14/2004)
182 MOTION to Amend/Correct 142 Amended Complaint, by Plaintiff United States of America. (Attachments: # 1)(Keveney, Sean) (Entered: 05/17/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 23 of 30

05/17/2004 05/18/2004 05/20/2004 05/21/2004 05/21/2004 05/21/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/24/2004 05/25/2004
05/26/2004

184 PROOF OF SERVICE of amended third set of requests for admissions. (rmn) (Entered: 05/21/2004)
Set/Reset Hearings: Due to the unavailability of the Magistrate because of trial proceedings the Telephonic Status Conference set for 5/20/04 at 2:00 PM is RESET to 5/25/2004 11:15 AM before Magistrate Judge Paul R Cherry w/the Court initiating the conference. (smb) (Entered: 05/18/2004)
183 MOTION to Withdraw Appearance of Jennifer L. Spaziano, Andrew I Sandler and Alan Kriegel for the Rose Defendants. (rmn) (Entered: 05/21/2004)
185 ORDER granting 183 Motion to Withdraw Attorney. Attorney Andrew L Sandler PHV and Jennifer Spaziano PHV, Alan Kreigel terminated as to Rose Defendants. Signed by Judge Paul R Cherry on 5/21/04. (sdf, ) (Entered: 05/24/2004)
186 PROOF OF SERVICE of 4th set of Requests for Admission by the Rose Defendants (sdf, ) (Entered: 05/24/2004)
187 PROOF OF SERVICE of Supplement to Responses Regarding Modification for Properties Managed at Indianapolis Office by Rose Defendants (sdf, ) (Entered: 05/24/2004)
188 MOTION to Substitute Attorney by Plaintiff United States of America. (Keveney, Sean) (Entered: 05/24/2004)
189 RESPONSE in Opposition re 182 MOTION to Amend/Correct 142 Amended Complaint, filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 05/24/2004)
190 NOTICE OF ENDORSEMENT concerning 168 Joint Stipulation regarding Protective Order Related to Plaintiff Documents from HUD by Dorchen/Martin Associates Inc (sdf, ) (Entered: 05/25/2004)
191 PROOF OF SERVICE of 190 Notice of Endorsement by Dorchen/Martin Associates Inc (sdf, ) (Entered: 05/25/2004)
192 PROOF OF SERVICE of copy of the errata sheets of Eenise Veteto, Christy Lindbeck, Jinny Niblick, Jennifer, R Keller, Christy Walker by Rose Defendants (sdf, ) (Entered: 05/25/2004)
194 PROTECTIVE ORDER related to Plaintiff documents from HUD. Signed by Judge Paul R Cherry on 5/24/04. (sdf, ) (Entered: 05/26/2004)
195 ORDER re 188 MOTION to Substitute Attorney filed by United States of America, Attorney R Alexander Acosta for United States of America, Steven H Rosenbaum for United States of America added. . Signed by Judge Paul R Cherry on 5/24/04. (sdf, ) (Entered: 05/26/2004)
193 Minute Entry for proceedings held before Judge Paul R Cherry: Teleph Scheduling Conference held on 5/25/2004. Attorneys participating: C Johnson, Ming−Yuen Meyer−Fong, T Moran, J Fullencamp, T Maher, P Duerr, F Baker, J Dimos, G Walton, T Vetne, Sheri Cataldi. Response briefs to Mtn to Amend Complaint (DE 182)to be filed by 6/4/04. Reply briefs to be filed by 6/18/04. Response briefs to Mtn for Partial SJ (DE 124) due 6/3/04. Reply briefs due 6/18/04. The Court will rule on the written briefs and will notify the parties only if oral argument is needed. Argument and comments presented of record re: [DE 131] MOTION to Dismiss or Hold in Abeyance the Mtn for Partial SJ filed by United States of America. Court DENIES the motion. No further pdf order will be issued. Court VACATES Scheduling Order entered in Eastern District of Michigan to be reset later date. Teleph Scheduling Conference set for 6/30/2004 09:00 AM in Hammond before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Parties are directed to file their joint report of parties planning meeting on or before 6/28/04.(smb) Modified on 5/25/2004 (smb, ). (Entered: 05/25/2004)
196 NOTICE OF ENDORSEMENT of Joint Stipulation Concerning Protective Order Related to Plaintiff Documents from HUD by Eckert/Wordell Architects PC (sdf, ) (Entered: 05/27/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 24 of 30

06/02/2004 06/03/2004 06/03/2004 06/16/2004 06/17/2004
06/17/2004 06/18/2004 06/18/2004 06/28/2004 06/29/2004
06/30/2004

197 MOTION for Leave to File Excess Pages by Plaintiff United States of America. (Keveney, Sean) (Entered: 06/02/2004)
198 ORDER granting 197 Motion for Leave to File Oversized Brief. Signed by Judge Paul R Cherry on 6/03/04. (efc, ) (Entered: 06/03/2004)
199 RESPONSE in Opposition re 124 MOTION for Partial Summary Judgment Memorandum and appendix in support of same filed by United States of America. (Attachments: # 1 Supplement Notice of Manual Filing)(Meyer−Fong, Ming−Yuen) (Entered: 06/03/2004)
200 NOTICE of Appearance by Kevin M Cremin on behalf of United States of America (sdf, ) (Entered: 06/17/2004)
201 RULE 56 MOTION to Strike 199 Response in Opposition to Motion Keveney Certification, attachments thereto and related statements of material fact, memorandum in support of same and proposed form of order by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Cross Claimants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Occidental Development Co. Response filed by 7/6/2004 (Attachments: # 1 # 2)(Maher, Timothy) Modified on 6/21/2004 deleted attachment #3 proposed form of order and sent to chambers (rmn). (Entered: 06/17/2004)
202 REPLY to Response to Motion re 124 MOTION for Partial Summary Judgment Memorandum and appendix in support of same and exhibits thereto filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Attachments: # 1 # 2)(Maher, Timothy) (Entered: 06/17/2004)
203 REPLY to Response to Motion re 182 MOTION to Amend/Correct 142 Amended Complaint, filed by United States of America. (Attachments: # 1 # 2)(Keveney, Sean) (Entered: 06/18/2004)
204 PROOF OF SERVICE by Rose defendants of Supplemental Responses to Plaintiff's 2nd Set of Requests for Production of Documents (sdf, ) (Entered: 06/21/2004)
205 REPORT of Rule 26(f) Planning Meeting. (Maher, Timothy) (Entered: 06/28/2004)
206 Discovery Hearing held on 6/29/2004 before Magistrate Judge Cherry. Pltf by Erin Meehan Richmond, Kevin Cremin. Defense by Garry Walton, Angela Emlet−Dardas. Parties present discovery issue while taking evidentiary deposition of resident manager re: production of handwritten notes. Court hears argument. Court ORDERS that witness produce handwritten notes in accordance with Federal Rule of Evidence 612. (smb) (Entered: 06/29/2004)
207 TELEPH MOTION HEARING &PRELIMINARY PRETRIAL CONFERENCE held on 6/30/2004 before Judge Cherry. Pltf by Ming−Yuen Meyer−Fong. Defense by T Maher, F Baker, J Dimos, Marie Meldrum substit for S Cataldo, Scott Loitz substit for T Vetne, and G Walton. Extensive argument heard re 182 MOTION to Amend/Correct 142 Amended Complaint, filed by United States of America. Motion DENIED for reasons stated of record. No further pdf order will be issued. Motion terminated: 182 MOTION to Amend/Correct 142 Amended Complaint filed by United States of America. Discussion on whether certain Rose Defendants and Occident Develop Co are properly named or non−existent entities. Any request for leave to amend pleadings to be filed by 12/15/2004. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 9/3/2004. Defendant expert witness disclosures and reports to be delivered to the plainitff by 11/5/2004. Dispositive and Daubert motions to be filed by 5/13/2005 to be briefed in accordance with the Local Rules. Parties anticipate 6 week trial subject to any

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 25 of 30

06/30/2004 07/07/2004 07/09/2004
07/13/2004 07/15/2004
07/19/2004
07/19/2004 07/26/2004
07/26/2004 08/02/2004 08/10/2004 08/13/2004 08/13/2004 08/16/2004

motion to bifurcate damages/liability. Parties to be notified of trial setting by Judge Sharp by separate notice when appropriate. Digitally Recorded 9:00AM−10:45AM) (smb) (Entered: 06/30/2004)
Minute Entry Addendum for proceedings held before Judge Paul R Cherry 6/30/04: All discovery to be completed by 3/11/2005. (smb) (Entered: 06/30/2004)
208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, by Plaintiff United States of America. Response filed by 7/26/2004 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Keveney, Sean) (Entered: 07/07/2004)
209 RESPONSE in Opposition re 201 RULE 56 MOTION to Strike 199 Response in Opposition to Motion Keveney Certification, attachments thereto and related statements of material fact, memorandum in support of same and proposed form of order filed by United States of America. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Keveney, Sean) (Entered: 07/09/2004)
Remark − Copy of electronic recording of proceedings held 6/30/04 by Pltf USA (Ming−Yuen Meyer−Fong) and Deft Rose Construction (Timothy Maher) provided to each. Costs pd. (smb) (Entered: 07/13/2004)
210 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by United States of America re 207 Motion Hearing,,,,,, Rule 16 Preliminary Pretrial Conference,,,,,, Terminate Motions,,,,, (Attachments: # 1 Exhibit Transcript of June 30, 2004 hearing# 2 Exhibit Transcript of June 30, 2004 hearing (Part B)# 3 Exhibit Orders (ED Mich), Feb. 9, 2004# 4 Exhibit Deposition Transcript Excerpts# 5 Exhibit Email − March 1, 2004# 6 Exhibit Letters − March 2004# 7 Exhibit Email − April 15, 2004# 8 Exhibit Email − May 20, 2004)(Meyer−Fong, Ming−Yuen) (Entered: 07/15/2004)
211 REPLY to Response to Motion re 208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Fullenkamp, Joseph) (Entered: 07/19/2004)
212 PROOF OF SERVICE of Errata Sheet of John Q Houchin by Rose Defendants (sdf, ) (Entered: 07/20/2004)
213 RESPONSE in Opposition re 208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, and for leave to file surreply, exhibit A and Appendix 1 thereto filed by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Attachments: # 1 # 2)(Maher, Timothy) (Entered: 07/26/2004)
214 PROOF OF SERVICE by Rose defendants (sdf, ) (Entered: 07/27/2004)
215 Appellee's BRIEF by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. Appellant Reply Brief due by 8/16/2004. (Maher, Timothy) (Entered: 08/02/2004)
216 REPLY to Response to Motion re 208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, filed by United States of America. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Keveney, Sean) (Entered: 08/10/2004)
217 NOTICE of Appearance by Joseph R Gaeta on behalf of United States of America (Gaeta, Joseph) (Entered: 08/13/2004)
219 ORDER : Hearing on plaintiff's motion for leave to file a 3rd amended complaint set for 10/8/2004 11:30 AM in South Bend before Judge Allen Sharp.. Signed by Judge Allen Sharp on 8/13/04. (sdf, ) (Entered: 08/17/2004)
218 Appellant's REPLY BRIEF by United States of America. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Gaeta, Joseph) (Entered: 08/16/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 26 of 30

08/20/2004 08/24/2004
08/24/2004 08/25/2004 09/02/2004 09/20/2004 10/06/2004 10/08/2004 10/12/2004 10/19/2004
10/26/2004 10/27/2004 10/27/2004

220 PROOF OF SERVICE by the Rose defendants of copy of the errata sheet of Cynthia Kosmicke (sdf, ) (Entered: 08/23/2004)
221 MOTION for Leave to File Surreply, proposed surreply and form of order by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Cross Claimants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Occidental Development Co. (Attachments: # 1 # 2)(Maher, Timothy) Attachment (Order) put into chambers folder on 8/25/2004 (rmn). (Entered: 08/24/2004)
222 First MOTION to Withdraw as Attorney Kevin Cremin by Plaintiff United States of America. (Attachments: # 1 order)(Meyer−Fong, Ming−Yuen) Order removed and placed in chambers folder on 8/25/2004 (rmn). (Entered: 08/24/2004)
223 ORDER granting 222 Motion to Withdraw Appearance of Kevin M. Cremin as Attorney for the United States . Signed by Judge Paul R Cherry on 8/25/04. (efc, ) (Entered: 08/31/2004)
224 RESPONSE to Motion re 221 MOTION for Leave to File Surreply, proposed surreply and form of order filed by United States of America. (Attachments: # 1 Exhibit 1)(Keveney, Sean) (Entered: 09/02/2004)
225 PROOF OF SERVICE of errata sheets of A Binner, E Noble and K Walton. (rmn) (Entered: 09/21/2004)
226 STATEMENT Suggestion of Mootness regarding 208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, filed by United States of America. (Attachments: # 1)(Maher, Timothy) (Entered: 10/06/2004)
227 ORAL ARGUMENT on motion to file third amended complaint held before Judge Allen Sharp on 10/8/2004. Attys Johnson, Moran, Fullenkamp, Maher, O'Hara &Duerr present. Court heard oral argument and will rule soon. 11:47−12:39 (Court Reporter Hoffman) (saj) (Entered: 10/08/2004)
228 MEMORANDUM AND ORDER denying 227 request to file a 3rd amended complaint. Signed by Judge Allen Sharp on 10/12/04. (sdf, ) (Entered: 10/13/2004)
229 MOTION for Extension of Time to File Expert Reports of Mark Wales, unopposed by the plaintiff and proposed form of order by Defendants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Cross Claimants Edward Rose &Associates, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose Development Co LLC, Edward Rose of Indiana, Edward Rose of Indiana, Occidental Development Co, Occidental Development Co. (Maher, Timothy) Corrected motion added on 10/20/2004 and order removed and placed in chambers folder (rmn) (Entered: 10/19/2004)
230 ORDER granting 229 Motion for Extension of Time to File Mark Wales' Expert Reports. Rose defendant's have to/including 12/6/04 in which to serve any expert reports by Mark Wales. Signed by Judge Paul R Cherry on 10/26/04. (sdf, ) (Entered: 10/27/2004)
235 Letter to the Clerk from Attorney Ming−Yuen Meyer−Fong regarding exhibits to document 199 (efc, ) (Entered: 11/02/2004)
EXHIBITS to document 199 received from United States of America. (efc, ) (Entered: 11/02/2004)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 27 of 30

10/28/2004 10/29/2004 10/29/2004 10/29/2004 11/05/2004 11/05/2004 11/05/2004 11/19/2004
12/06/2004 12/06/2004
12/08/2004 12/16/2004 12/21/2004

231 MOTION for Extension of Time to File Response/Reply as to 226 Statement of Mootness by Plaintiff United States of America. (Keveney, Sean) (Entered: 10/28/2004)
232 STATEMENT in Opposition to Rose Suggestion of Mootness re 226 Statement filed by United States of America. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Keveney, Sean) (Entered: 10/29/2004)
233 Joint STIPULATION of Extension of Deadline by Defendant Gary Weaver. (Dimos, James) (Entered: 10/29/2004)
234 ORDER granting 231 MOTION for Extension of Time to File Response as to 226 Statement of Mootness filed by United States of America; United States' Response to the Rose Defendants' Suggestion of Mootness due by 10/29/04. Signed by Judge Paul R Cherry on 10/29/04. (efc, ) (Entered: 10/29/2004)
236 REPLY by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co to United States' Response to the Rose Defendants' Suggestion of Mootness. (Maher, Timothy) (Entered: 11/05/2004)
237 NOTICE by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co of Expert and Expert Report Disclosure and Proof of Service of same (Attachments: # 1)(Maher, Timothy) (Entered: 11/05/2004)
238 ORDER granting Joint 233 Stipulation of Extension of Deadline. The Court orders that Gary Weaver serve his expert disclosures and reports by 12/28/04. Signed by Judge Paul R Cherry on 11/5/04. (sda, ) (Entered: 11/08/2004)
239 NOTICE by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co re 208 RULE 56 MOTION to Strike 202 Reply to Response to Motion, supplementation of record on motion to strike (Attachments: # 1)(Maher, Timothy) (Entered: 11/19/2004)
240 RESPONSE TO SUPPLEMENTATION OF RECORD by United States of America to 239 Notice (Other), Notice (Other). (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Keveney, Sean) (Entered: 12/06/2004)
241 REPORT AND RECOMMENDATION re 124 Motion for Partial Summary Judgment filed by Rose Defendants, re 201 Motion to Strike Counsel's Declaration and Exhibits filed by Rose Defendants, re 208 Motion to Strike and in the Alternative to File a Surreply, re 221 Motion for Leave to File Surreply to the United States Reply in Support of its Motion to Strike or for Leave to file a Surreply filed by the Rose Defendants, re 224 Motion to Supplement its Summary Judgment Response filed by the United States. The parties shall have 10 days after being served with this Report and Recommendation to file objections with the Court. Signed by Judge Paul R Cherry on 12/6/04. (efc, ) (Entered: 12/07/2004)
242 TRANSCRIPT of Proceedings held on 10/8/04 before Judge Allen Sharp. Court Reporter: Joanne Hoffman. (sdf, ) (Entered: 12/09/2004)
243 Joint STIPULATION of Second Extension of Deadline by Defendant Gary Weaver. (Dimos, James) (Entered: 12/16/2004)
244 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose Construction Co, Occidental Development Co, Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC re 241 REPORT AND RECOMMENDATIONS re 221 MOTION for Leave to File Surreply, proposed surreply and form of order filed by Edward Rose Construction Co,, Occidental Development Co,, Edward Rose &Sons Inc,, Edward Rose of

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 28 of 30

12/28/2004
12/28/2004 02/03/2005 02/04/2005
02/07/2005 02/08/2005 02/08/2005 02/14/2005

Indiana,, Edward Rose &Asso (Maher, Timothy) (Entered: 12/21/2004)
245 MEMORANDUM AND ORDER: The Court now takes note fully of the 241 recommendations of the magistrate judge: GRANT IN PART AND DENY IN PART the Rose Defendants' Motion for Partial Summary Judgment 124 , granting the motion on the claims for civil damages as to Building 1 at Hurwich Farms Apartments, Building 8 at Indian Lakes Apartments, Building 1 at North Pointe Apartments and Building 14 at South Bridge Apartments as they are barred by the applicable statute of limitations and denying the motion on (a) the claims for equitable relief as to Building 1 at Hurwich Farms Apartments, Building 8 at Indian Lakes Apartments, Building 1 at North Pointe Apartments, and Building 14 at South Bridge Apartments;(b) the claims for compensatory damages as to Building 1 at Hurwich Farms Apartments, Building 8 at Indian Lakes Apartments, Building 1 at North Pointe Apartments and Buildng 14 at South Bridge Apartments; and (c) the issue of entrance accessibility under the FHA. DENY the Rose Defendants' Motion to Strike Counsel's Declaration and Exhibits 201 as to Exhibit EE and deny the motion as moot as to the remaining exhibits; GRANT IN PART AND DENY IN PART United States' Motion to Strike and in the Altenative to File a Surreply 208 ; granting the Motion to Strike the Cover Letter Submitted in Exhibit 2 to the Rose Defendant's Reply Brief; denying the Motion to Strike the draft Accessibility Guidelines Policy Interpretations ; and denying the Alternative Motion to File a Surreply; GRANT the Rose Defendants' Motion for Leave to File Surreply to the United States' Reply in Support of its Motion to Strike or for Leave to file a Surreply 221 ; CLERK OF THE COURT IS DIRECTED TO FILE THE SURREPLY AS OF THE DATE OF THE DISTRICT COURT'S ORDER; DENY AS MOOT the United States Motion to Supplement its Summary Judgment Response 224 Signed by Judge Allen Sharp on 12/28/04. (sdf, ) (Entered: 12/29/2004)
246 SURREPLY by the Rose Defendants to 202 Untied States' Reply in support of its motion to Strike or for Leave to file a Surreply. (sdf, ) (Entered: 12/29/2004)
247 ORDER dismissing without prejudice 152 Motion for Protective Order, 153 Motion for Protective Order . Signed by Judge Paul R Cherry on 2/03/05. (efc, ) (Entered: 02/03/2005)
248 Joint MOTION to Amend/Correct Set Deadlines/Hearings, 245 Memorandum &Opinion,,,,,,,, Terminate Motions,,,,,,, Pre−Trial Deadlines to facilitate settlement discussions by Defendants Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Edward Rose Construction Co, Occidental Development Co, Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Cross Claimants Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co. (Maher, Timothy) (Entered: 02/04/2005)
249 ORDER granting 248 Joint MOTION to Amend Pretrial Deadlines; vacating all pending pretrial deadlines, including deadlines for discovery and filing dispositive motions. Joint written Report due by 3/11/2005.Signed by Judge Paul R Cherry on 2/07/05. (efc, ) Additional attachment(s) added on 2/8/2005 (efc, ). (Entered: 02/07/2005)
Remark: Order 249 substituted for document entered on 2/07/05 (efc, ) (Entered: 02/08/2005)
250 NOTICE OF ENDORSEMENT of 248 Joint MOTION to Amend/Correct Set Deadlines/Hearings, 245 Memorandum &Opinion,,,,,,,, Terminate Motions,,,,,,, Pre−Trial Deadlines to facilitate settlement discussions by United States of America (Gaeta, Joseph) (Entered: 02/08/2005)
251 NOTICE OF ENDORSEMENT of 248 Joint MOTION to Amend/Correct Set Deadlines/Hearings, 245 Memorandum &Opinion,,,,,,,, Terminate Motions,,,,,,, Pre−Trial Deadlines to facilitate settlement discussions by Dorchen/Martin Associates Inc (Cataldo PHV, Sheri) (Entered: 02/14/2005)

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 29 of 30

02/16/2005 03/10/2005 03/11/2005 04/27/2005 05/09/2005
08/23/2005 09/06/2005 09/30/2005 09/30/2005 10/03/2005 10/03/2005
10/13/2005 12/26/2005

252 NOTICE OF ENDORSEMENT of by Gary Weaver (Dimos, James) (Entered: 02/16/2005)
253 REPORT by Edward Rose &Associates on Status of Settlement Negotiations. (Attachments: # 1 Exhibit A, Order of the Hon. Victoria A. Roberts)(Fullenkamp, Joseph) (Entered: 03/10/2005)
254 ORDER VACTING MEETING REQUIREMENT AS REQUESTED IN REPORT ON STATUS OF SETTLEMENT NEGOTIATIONS: Written Status Report on the status of settlement negotiations due by 5/9/2005.. Signed by Judge Allen Sharp on 3/11/05. (sdf, ) (Entered: 03/11/2005)
255 Motions terminated: 231 Motion for Extension of Time to File Response/Reply re 243 see 234 Order. STIPULATION of Second Extension of Deadline, 231 finding moot. (smb) (Entered: 04/27/2005)
256 STATUS REPORT ON PARTIES' SETTLEMENT DISCUSSIONS by Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Occidental Development Co, Edward Rose &Associates, Edward Rose of Indiana, Edward Rose Construction Co, Occidental Development Co, Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC. (Maher, Timothy) (Entered: 05/09/2005)
257 ORDER: Plaintiff's Status Report due by 9/6/2005.. Signed by Judge Allen Sharp on 8/23/05. (sdf, ) (Entered: 08/24/2005)
258 STATUS REPORT by United States of America. (Meyer−Fong, Ming−Yuen) (Entered: 09/06/2005)
259 Consent MOTION for Settlement Entry of Consent Order by Plaintiff United States of America. (Attachments: # 1 Consent Order − proposed)(Meyer−Fong, Ming−Yuen) (Entered: 09/30/2005)
260 Joint MOTION to Transfer Case by Plaintiff United States of America. (Attachments: # 1 Order (Proposed))(Meyer−Fong, Ming−Yuen) (Entered: 09/30/2005)
261 CONSENT ORDER : This Consent Decree shall remain in effect for 5 years afterr the date of this entry. The Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of the Decree. Signed by Judge Allen Sharp on 10/3/05. (sdf, ) (Entered: 10/03/2005)
262 ORDER granting 260 Motion to Transfer Case: All claims against the Defendants other than those claims against Gary Weaver, that are currently pending before this Court, are transferred to the U.S. District Court for the Eastern District of Michigan to be consolidated with the related case, No. 02−73518 (E.D. Mich) . Signed by Judge Allen Sharp on 10/3/05. (sdf, ) (Entered: 10/03/2005)
264 RECEIPT from Eastern District of Michigan for transfered case. (sdf, ) (Entered: 10/14/2005)
265 STIPULATION to Dismiss cross claim against Gary Weaver by Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose Construction Co, Occidental Development Co, Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Edward Rose &Sons Inc, Edward Rose of Indiana, Edward Rose &Associates, Edward Rose Development Co LLC, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose &Associates, Edward Rose &Sons Inc, Edward Rose Construction Co, Edward Rose Development Co LLC, Edward Rose of Indiana, Occidental Development Co, Edward Rose Construction Co, Occidental Development Co, Edward Rose &Sons Inc, Edward Rose of

Case: 3:01-cv-40 As of: 08/31/2011 11:16 PM EDT 30 of 30

12/28/2005

Indiana, Edward Rose &Associates, Edward Rose Development Co LLC. (Maher, Timothy) (Entered: 12/26/2005)
266 ORDER granting 265 Stipulation to Dismiss Cross−Claim against Defendant Gary Weaver as to all Rose Companies. Signed by Judge Allen Sharp on 12/28/05. (sdf, ) (Entered: 12/29/2005)

 
 United States v. Edward Rose & Sons, et al. (E.D. Mich.)
On September 30, 2005, the Court entered the Consent Order (pdf) resolving United States v. Edward Rose and Sons, et al. (E.D. Mich.) which, will settle all claims the United States has against Edward Rose and Associates, and related companies, the architectural firms of Dorchen/Martin Associates, Inc., Eckert/Wordell Architects P.C., Alexander V. Bogaerts & Associates P.C., SSOE, Inc., and architects Gerald Peterson and James R. Saule. Also on September 30, in the Northern District of Indiana, the United States will file a Joint Motion for Entry of Stipulated Order transferring all claims in that court, except those against architect Gary Weaver, to the Eastern District of Michigan, and will file a Consent Order settling all claims in this litigation against Gary Weaver. Under the Consent Order the former Defendants will retrofit 49 apartment complexes in Michigan, Indiana, Illinois, Ohio, Wisconsin, Virginia, and Nebraska to enhance their accessibility to individuals with physical disabilities. The agreement will affect over 5,400 ground floor apartments. The consent decree also requires the above defendants to pay $1,060,000 to a fund for those who may have been harmed by the lack of accessibility features at the complexes. The consent order will remain in effect for five years.
The initial complaints were filed on January 18, 2001 (N.D. Ind.), and September 3, 2002 (E.D. Mich.), and later amended, August 31, 2002 (N.D. Ind.) and June 29, 2004 (E.D. Mich.), respectively. The complaints alleged Edward Rose & Sons, several affiliate companies, as well as individual architects and architectural firms, have engaged in a pattern or practice of discrimination against persons with disabilities by failing to include accessible features required the Fair Housing Act and the Americans with Disabilities Act in a number of apartment complexes it developed in Indiana, Michigan, Ohio, Wisconsin, Illinois and Virginia. The United States alleged that approximately 4050 ground floor units in 42 apartment complexes developed and managed by Edward Rose & Sons did have accessible entrances, had kitchens and bathrooms that are not accessible to persons with disabilities, have doors that are too narrow to allow passage by persons using wheelchairs, lack reinforcement in bathrooms for the later installation of grab bars, and have thermostats and environmental controls that are not in accessible locations. The complaints also alleged that the public and common use areas, such as parking, the rental office and club house, and the recreational facilities, were not accessible to persons with disabilities as required by the Fair Housing Act and, in the

with disabilities as required by the Fair Housing Act and, in the case of public use facilities such as the rental office, the Americans with Disabilities Act.
On February 21, 2003, the Court issued a order granting the United States' for a preliminary injunction to enjoin the defendants from occupying or further constructing 19 apartment buildings at Westlake Apartments in Belleville, Michigan and Lake Pointe Apartments in Batavia, Ohio, until they could be redesigned or retrofitted to be brought into compliance with the Fair Housing Act (United States v. Edward Rose & Sons (E.D. Mich.) The Court found that the complexes violated the accessibility provisions of the Fair Housing Act because the primary entrances directly across from the parking lot could be accessed only be going down at least a half flight of steps and were, therefore, not accessible to people with disabilities. Instead, persons who used wheelchairs would, at best, be required to take a circuitous and much longer route around the back of the building to enter their unit through their back door patio. The Court held that this design violated the Fair Housing Act. The Court also granted the United States' Motion for Leave to File a First Amended Complaint and denied the Defendants' Motion to Transfer the action to the Northern District of Indiana, where an action against some of the same defendants was pending. On February 24, 2003, the Court in the Northern District of Indiana, sua sponte, issued an order transferring its case to the Court in the Eastern District of Michigan.
On August 25, 2004, the Sixth Circuit Court of Appeals affirmed the decision of the district court granting the United States' motion for a preliminary injunction. The Circuit affirmed that the Fair Housing Act requires the common landing area between two covered dwellings to be accessible to persons with disabilities. The defendants' split-level design only provides access by way of a halfflight of stairs.

 
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  United States of America v. Edward Rose & Sons, Inc, et al. In February 2003, the Court issued an order granting the United States a preliminary injunction to enjoin the defendants from occupying or further constructing 19 apartment buildings at Westlake Apartments in Belleville, Michigan and Lake Point Apartments in Batavia, Ohio, until they could be redesigned or retrofitted to be brought into compliance with the Fair Housing Act.
The two complaints filed alleged Edward Rose & Sons, several affiliate companies, as well as individual architects and architectural firms, have engaged in a pattern or practice of discrimination against persons with disabilities. They have failed to included accessible features required by the Fair Housing Act and the Americans with Disabilities Act in a number of apartment complexes it developed in Indiana, Michigan, Ohio, Wisconsin, Illinois and Virginia.
The United States alleges that approximately 4,050 ground floor units in 42 apartment complexes do not have accessible entrances, kitchens and bathrooms, along with other building features. Edward Rose & Sons is one of the largest multifamily developers in the nation. Fifteen of the 42 apartment complexes sited in this case are located in Indiana.
On August 25, 2004, the Sixth Circuit Court of Appeals affirmed the decision of the district court granting the Untied States’ motion for a preliminary injunction. The Circuit affirmed that the Fair Housing Act requries the common landing area between two covered dwellings to be accessible to persons with disabilities. The defendants’ split-level design only provides access by way of a half-flight of stairs.