• • ORIGIN3ASL(3 2:02-cv-73518-DAS-DAS Doc # 322 Filed 09/30/05 Pg 1 of 50 Pg ID 8644
IN THE UNITED STATES DlSTRICTCOURT FOR THE EASTERN DISTRICT OF MICHIGAN

UNITED STATES OF AMERICA, Plaintiff,
v. EDWARD ROSE & SONS, ct ai.,
Dcfcndants .

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FILE 0

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Case No: 02 CV 73518

SEP 30 2005

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CLERK.';', OFfiCE

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Judge Victoria A. Roberts U. S. DISTRICT COURT

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Magistrate Judge Sehecr EASTERN MICHIGAN

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CONSENT ORDER

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I. INTRODUCTION
I. This Consent Order is entered among the United States of America, the Rose
Companie~1 and the Architectural Dcfcndants,2 (collectively referred to herein a~ "the Parties,,)3 to
resolve two lawsuits brought by the United States to enforce the provisions of Title vm of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, ("Fair
I 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 Miehiganlimited partnership); Huron Development, LL.C., a Michigan limited liability company (formerly, Huron Development Limited Partnership, a Michigan-chartered limited partnership) .
2 For purposes of this Consent Order, "the Architectural Derendants" refers to: DorchenlMartin Associates, Inc.: Eckert/WQrdell Architects P.c.; Alexander V. Bogaerts & Associates P.C.; SSOB, Inc.; Gerald Peterson; and James R. Saule.
J For purposes of this Consent Order, "Defendants" refer:; to the Rose Companies and the Architectural Defendants.

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Housing Act"), 42 U.S .C. §§ 3601-3619, and Title UJ of the Americans with Disabilities Act

("ADA "), 42 U.S.c. §§ 12181-12189.

2. On January Ill, 2001, and September 3, 2002, the United States filed civil actions in

the United States Districl Courts for the Northern District of Indiana, Case No. 3:0 IcvOOO40 (N.D.

Ind.) (" Indiana Action") and the Eastern District of Michigan, Case No. 02-CV-73518 (B.D. Mich.)

("Michigan Action"), respectively (hereinafter "the civil actions" or "these actions" ). These

actions, as amended, allege thai the Rose Companies and the Architectural Defendants

discriminated against persons with disabilities by failing to design and construct covered

multifamily dwell ings and places of public accommodation in accordance with the features of

acccssibic and adaptahle design and construction required hy 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)(I). The United Stutes also alleges in the Michigan Action that certain of the Rose

Companie~: discriminated in the renlal of. or otherwise made unavailable or denied, dwellings to

persons because of handicap, in violation of 42 U.S.C. § 3604(f)(I); discriminated against persons

in lhe temls, 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); denied reasonable accommodations to persons with disahilities in violation of 42

U.S.c. § 3604(f)(3)(B); and misrepresented the availubility of dwellings for rental by persons with

disabilities, in violation of 42 U.S.C. § 3604(d). The United Slates alleges that the above conduct

on the part of the Defendants constituted a pauern or practice of discrimination against persons

with disabilities and a denial of rights to a group of persons with disahilities that raised an issue of

general public importance.

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3. On February 21 , 2003, the United States District Court for the Ea~tern District of

Michigan enjoined ceJ1ain of the Rose Companies from proceeding with the construction and

occupancy of nineteen (19) apaJ1ment buildings at two (2) complexes where the buildings, as

designed, would have had descending steps to the entrances to the covered dwelling units directly

across from the parking lot and the only accessible way into the covered dwelling units would have

been by way of a walk around the opposite side of the building and through the patio doors. See

United States v. Edward Rose & Sons, 246 F. Supp. 2d 744 (E.D. Mich. 2003).

4. On August. 25, 2004, the United States Court of Appeals for the Sixth Circuit

affinned the district court's entry of a preliminary injunction . See Unit.ed States v. Edward Rose &

Sons, 384 F.3d 258 (6th Cir. 2004). The Court of Appeals denied the Rose Companies' Petition for

Rehearing En Banc on December 7,2004.

5. The Defendants have answered the complaints in the Michigan Action and 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. The Defendants

continue to deny any and all liability in these actions and nothing in this Consent Order shall be

construed as an admission of liability by any of the Defendants.

6. Tn an effort to avoid further contested litigation, the Parties agree that the

controversy should be resolved without further proceedings and without an evidentiary hearing or

findings of fae!. This Consent Order constitutes a full and final resolution of all claims of violation

of the Fair Housing Act and the ADA that the United States alleged, or could have alleged, in these

actions relating to disabilities, mobility impairments, and/or handicaps arising out of the

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Defendants' design, construction, ownerShip and/or operation of the Subject Properties'

(collect.ively referred to as the "Claims"). The United States therefore irrevocably waives any

claims it may have to pursue relief against the Defendants, collectively and individually, and each

of their officers, employees, agents, directors, members, managers, shareh olders, parents,

subsidiaries, successors and assigns, and all other persons in active concert or participation with

them, relating to the Claims, except For matters referred by HUD pursuant to 42 U.S.c. § 3612(0)

and proceedings to enforce the provisions of this Consent Order. This Paragraph shall survive the

expiration of this Consent Order.

7.

Contemporaneou~ly with the submission of thi, Consent Order, the Parties have

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

Rose Companies and the Architectural Defendants (except for claims against Gary Weaver) in the Indiana Action to this Court. The Parties agree that this Court now ha~ jurisdiction over the subject

matter of both the Indiana and Michigan Actions pursuant to 28 U.S.C. §§ 1404(a) and 1345, and 42 U.S.c. § 36l4(a).~

8. The complaints in these cases (except for claims against Gary Weaver) are hereby

dismissed with prejudice. This Court, however, shall retain jurisdiction to enforce the terms of this

Consent Order for the term of this Consent Order. The provisions of Ihis Consent Order shall

supersede the terms of the Preliminary Injunction entered in the Michigan Action and, upon enlry

of this Order, stich injunction is no longer in effect.

4 For purposes of this Consent Order, the term "SUbject Properties" means each of the apartment complexes listed in Appendix A. 5 The United States' claims against Gary Weaver cannot be transferred pursuant to 28 U.S.C. § 1404(a) hecause this Court lacks personal jurisdiction over Gary Weaver. The claims against Gary Weaver shall be disposed of by separate proceedings or consent order in the Indiana Action.
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9. Accordingly, as indicated by the signatures appearing below, the Parties agree to
and request entry of this Consent Order. It is hereby ADJUDGED, ORDERED and DECREED th!lt: II. GENERAL INJUNCTION 10. Defendants, and each of their officers, employees, agents, and all other persons in
active concert or participation with them are enjoined from discriminating on the basis of disability, as prohibited by the Fair Housing Act, 42 U.S.c. §3604(t)(1 )-(3), and the ADA, 42 U.S.c. §§ 12182(a) and 12183(a)(I).
HI. I<'UTURE CONSTRUCTION II. Defendants shall take the actions set forth herein to ensure that that all future design and/or construction or covered multifamily dwellings by the Rose Companies and/or the Architectural Defendants shall comply with the design and construction requirements of the Fair Housing Act, 42 U.S.C . § 3604(1)( 1)-(3), and, where applicable, the ADA, 42 U.S.C. §§ l2182(a) and 12183(a)(I). 12. The Rose Companies will design and construct the buildings that were subject to the preliminary injunction entered in the Michigan Action (Buildings 7-10 at Westlake Apartments and Building 9-15 at Lake Pointe Apartments) with accessible at-grade entrances facing the parking lot of the buildings, except for Lake Pointe Buildings 4, 5, 6, 7 and 8 and Westlake Apartments Buildings II. 12 and J3, which shall be constructed in accordance with Appendix C-lS and Appendix C-41, respectively. 13. The Rose Companies will design and construct all other future covered multifamily dwelling units with accessible at-grade entrances facing the primary parking lot of the buildings, except where future site conditions render such construction impractical (see 56 Fed. Reg. 9503-

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9504 (Mar. 6, 1991 » , provided that the Rose Companies will inform tlll~ United States where they

intend to claim site impracticality within 30 days following the sitc impracticality analysis and

prior to start of construction, and will provide the United States with the non-privileged documentation supporting their analysis.~

14. The Rose Companies wiII maintain, and provide to the United States the following

information and statements regarding any covered multifamily dwellings intended to be developed,

huilt, and/or designed, in whole or in part, by any of them or hy any entities in which they have a

position of control as an officer, director, memher, manager, or have a t.en percent (10%) or larger

ownership share. The Rose Companies shall provide the following information/statements

pursuant to the reporting provisions of Section XU(e) of this Consent Order:

(a) The name and address of t.he project;

(b) A description of the project and the individual units;

(c) The namc, address, and telephone number of the architcct(s) involved with the

project.

In addition, the Rose Companies shall obtain a statement from the architect(s) involved with

the project acknowledging and describing his/her knowledge of and training in the requirements of

the Fair Housing Act and the ADA in the field of accessible building and housing design and

stating that he/she has reviewed the architectural plans for the project and that to the best of his/her

professional judgment, knowledge and belief, the design specifications therein comply with the

requirements of the Fair Housing Act, and, where applicable, the ADA and the ADA Standards for

Accessible Design. The Rose Companies can satisfy this requirement by including such a

statement in the contract with the architect, and by requiring that the architect execute that contract.

6 1n the case of The Enclave, the Rose Companies will provide all non-privileged documentation supporting their analysis within 30 days following the entry of t.his Consent Order.
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15. If the Architectural Defendants prepare any architectural plans, drawings or

blueprints for covered multifamily housing, they shall include on such plans, drawings or

blueprints a statement lhat to the best of his/her professional judgment, knowledge and belief the

design specifications therein comply with the Fair Housing Act, and, where applicable, the ADA

and the ADA Standards for Accessible Design. The Architectural Defendants shall. upon request,

provide to the United States a list of all such multifamily housing that they have designed during

the term of this Consent Order.

IV. MODIFICATIONS AND OTHER ACTIONS AT THE SUBJECT PROPERTIES

16. While denying liability, the Rose Companies agree to complete the actions

described in this Section IV 7 for buildings located within the Subject Properties that are covered by the Fair Housing Act or the ADA: 8

A. Public and Common Use Areas/Special Requests

17. In accordance with the schedule set forth in Appendix B, the Rose Companies shall complete the modifications to the public and common use area.~ at the Subject Properties as set

forth in Appendix C (Appendices Col through C-41, Parts I, nand nn .

18. Upon the request of a tenant with a mobility impairment who lives in a Covered

Dwelling Unit at one of the Subject Properties and who uses his or her patio door as the primary

7 Each of the Architectural Defendants designed one or more of the Subject Properties. The extent of each Architectural Defendants' involvement in the design of covered dwellings at the Subject Properties is set f0l1h in Appendix D. However, the Rose Companies shall be solely responsible for completing the modifications required by this Order and shall pay all expenses associated with modifications. Nothing in this Order shall preclude the Rose Companies from rccouping all or any portion of the expenses from one or more of the Architectural Defendants by separate agreement or by initiating separate actions.
8 The buildings within each of the Subject Properties that are covered by the Fair Housing Act or the ADA are those that are so identified in Appendices C-I through C-41 and in Appendix E. Hereinafter the phrase "Covered Dwelling Unit(s)"shall mean ground floor dwelling unit(s) covered by the FHA that are located within one of thc Suhject Properties.

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accessible entrance, the Rose Companies will replace the sliding gl~ss door with a swinging door at

no expense to the tenant. The Rose Companies will install the swinging door as promptly as is

practical, but in any event no later than thirty (30) days after receipt of such a request.

19. For those buildings covered by the FHA at the Subject Properties where the entrance

closest to the parking lot can be accessed only by going down steps and the patio door is at grade,

the Rose Companies and/or their employees, agents, contractors, or other persons in active concert

or participation with them will clear snow and/or ice from the routes to the patios on the same

schedule as the routes to the parking-lot-side entrances, with priority given to tenants with mobility

impairments who use their patio door as tbeir primary entrance.

20. In addition to the van-accessible parking spaces for properties identified in

Appendices C-l thmugh C-4l, and subject to the restrictions set forth therein, upon the request of

a tenant with a mobility impairment living in a Covered Dwelling Unit at one of the Subject

Properties who uses his or her p~tio door as the primary accessible entrance, the Rose Companies

will provide a reserved van-accessible p~rking space at no expense to the tenant; provided,

however, that (a) the tenant has a handicapped or disabled parking permit; (b) the Rose Companies

are not required to construct any additional ramps Or curh~cuts in granting the request; and (c) the

addition of the van-acce~~ible parking space wil1 not cause the Rose Companies to be in violation

of local or regional ordinances or other laws mandating a minimum numher of parking spaces;

provided, however that the Rose Companies advise counsel for the United States, in writing. of

such instances. The Rose Companies will provide the van-accessible parking space as promptly as

is practical, and, in any event, will provide the reserved parking space to the tenant no later than

thirty (30) days of' receipt of ,uch a request.

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21. Upon request of II tenant with a mobility impairment living in a Covered Dwelling

Unit at one of the Subject Properties who wishes to lease a carport space, the Rose Companies will

provide two carport spaces for the same cust as a single carport space so that the tenant has an

accessible parking space and access aisle, provided that the huilding in which the tenant lives has

carports available and that the tenant has a handicapped or disabled parking pemli!. If two carport

spaces are not availahleat the building in which the tenant lives, the Rose Companies will provide

two carport spaces for the tenant at the closest availahle huilding location for the same cost as a

single carport space. If two spaces arc not available at the property, the Rose Companies will

provide such spaces for the tenant a~ soon as two carport spaces become available. In such

circumstances, the Rose Companies shall make reasonable efforts to allocate available carport

spaces so that two arc adjacent to each uther and, in any event, will make two carport spaces

available to the tenant as soon as they become available at one building. In no circumstance will a

tenant with a mobility impairment living in a Covered Dwelling Unit at one of the Suhject

Properties lose his or her place !;lll a carport wailing list.

22. For Covered Dwelling Units at the Snbject Propel1ies, the Rose Companies will

provide accessible trash dumpsters on all accessible route, or, where such dumpsters are not

provided or where the parking lot side entrance is not at grade, will, upun request of a tenant with a

mobility impairment living in a Covered Dwelling Unit, pick up that tenant's trash from the unit at

reasonable intervals at no expense to the tenant.

23. Upon request of a tenant with a mobility impairment living in a Covered Dwelling

Unit at one of the Subject Properties who uses his or her patio dour as the primary accessible

entrance, the Rose Companies will, at their option and subject to the approval of the U.S. Postal

Service, either (i) install a mailbOX at an accessible location and make alternalc delivery

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arrangements with the U.S. Postal Service; or (ii) install a mail slot with a basket in the entrance

door. The United States and the Rose Companies anticipate that the U.S. Postal Service will

approve one of the two options listed above. However, in the event that the U.S. Postal Service

does not approve either of the options listed above, the United States and the Rose Companies will

endeavor in good faith to find a mutually agreeable alternate solution. If the United States and the

Rose Companies cannot reach an agreement, the matter will he resolved in accordance with the

dispute resolution procedure set forth in Section XTIT(C) of this Consent Order.

24. To the e~tent that the Rose Companies maintain one or more model units that is

representative of 11 unit type that is offered on the ground tloor at any of the SUhject Properties, at

least one model unit for that unit type shall be on the ground floor at each Subject Property.

B. Retrofit~ to Interiors of Covered Dwelling Units at the Snbject Properties

25. In accordance with the schedule set fmth in Appendix B, the Rose Companies shall

commence and finish the retrotits to the interior of the Covered Dwclling Units at the Subject Properties that are set forth in Appendices Col through C_41 9 Tn connection therewith, the Rose

Cqmpanies shall take each of the following actions:

(a) Within ninety (90) days after the entry of this Consent Order, the Rose Companies

shall send or deliver written notice (the template for which is set forth in Appendix

'The Rose Companies' obligations with respect to retrofitting dwelling interiors at each complex arc sct forth in Parts I and lV of each appendix . The modifications set fOlth in Appendices C-I through C-4l are based on measurements taken by experts retained by the Parties. The United States understands that the dwellings made available to the ex perts were representative of all Covered Dwellings Units at each particular complex. If it is lat.er determined that this understanding is not correct, and that other modifications are needed, the United States and the Rose Companies will endeavor in good faith to agree on what the additional modifications will be, consistent with the modifications the Parties have agreed to in Appendices C- I through C-41. If the United States and the Rose Companies cannot reach agrecment on the retrofits to be performed, the matter shall he resolved pursuant to the dispute resolution provisions set forth in Section Xm(Cl of this Consent Order.
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F) to current tenants living in Covered Dwelling Units that require retrofits

according to Appendices C·I through C-41. If the tenant chooses to have any of the

retrofits made, he/she must agree to have all the required retrofits performed at that

time. The retrofits shall be completed as promptly as practical, but in any event, not

later than sixty (60) days following the receipt of the wriuen request, subject to

documented circumstances outside the control of the Rose Companies.

(b) The Rose Companies shall include a provision in all new leases or lease renewals

specifying that the present owner of the Subject Properties will have the right to

modify the unit to hring it into compliance with the provisions of this Consent

Order.

(c) In the event that a tenalll living in a Covered Dwelling Unit that is scheduled to

undergo a modification incurs undue inconvenience or hardship (defined as a

required dislocation from the unit for more than 24 hours consecutively), the Rose

Companies shall pay such tenant the applicable government per diem rate for food

and lodging for the local area for each day of undue inconvenience or hardship.

Such payment shall be made prior to the commencement of any modification work

on the tenant's unit, so that the tenunt Cun use the money to ohtain alternative living

accommodations while dislocated. In the alternative, at their option, the Rose

Companies may provide the tenant with a furnished guest snite at the Subject

Property at which the tenant resides at no cost to the tenant.

(d) The Rose Companies may not charge any additillnal rent, deposit or other fee for a

unit solely because the modifications in Appendices C·I through C-41 or the

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acceSSibility enhancements specified in Sections IV(C) or IV(D) are contemplated

or completed.

26. Upon request of a tenant with a mobility impairment who lives in a Covered

Dwelling Unit at a Subject Property, who wishes to have grab bars installed in his or her unit, the

Rose Companies will install grab bars either (i) at locations set forth in the Fair Housing Act

Accessibility Guidelines. 56 Fed. Reg. 9511; or (ii) in an alternate location if so specified in writing

by the tenant making the request for grab bars. The Rose Companies will install such grab bars as

promptly as is practical, but in any event no later than thirty (30) days after receipt of such a

request. In bathrooms where the toilet is more than 20 inches from the side waH, the Rose

Companies will also, on reYlIest, add blocking to decrease the distance between the toilet and the

mounted grab bar.

C. Required Additional Accessibility I-eatures in Specified Covered Dwelling

27. In accordance with the limitations set forth in Appendices C-l through C-41 and the schedules set forth in Appendix B, the Rose Companies shall complete the modifications of the specified ground floor units at the Subject Properties so that they contain the additional accessible features listed below. The Rose Companies, in their sole discretion, shall ,elect which units are to be modified for each phase of the retrofit schedll.le in Appendix B, except that none of the selected units shall be those lhut are already designated as Michigan PH units. The additional accessible features reyuired in each specified unit (unless otherwise specified in the relevant appendix) are identified below. Where the accessibility enhancement can be achieved in alternative ways (i.e. subparagraphs (a), (b) , (g), and (1) below), the Rose Companies, in their sole discretion, shall select the alternative to be used in each unit.

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(a) Either removable cabinetry under the kitchen sink and/or bathroom lavatory or

installation of replacement fixtures or lavatories, such that a person using a

whcelchair can make a full forward approach to the sink or lavatory, or provide a 30

by 48 inch clear floor ,pace centered on the sink or lavatory for a parallel approach.

(Tn the case of units with two bathrooms, onc bathroom shall be modified or

constructed to meet the modifications set forth herein);

(b) Either removable oven units such that a person using a wheelchair can make a full

Forward approach to the cook top plus the provision of a separate oven appliance

(e.g., convection oven) or the alternative redesign of kitchen cabinetry placement or

removable cabinetry to allow a parallel approach to the range;

(e) At least one Specification "B" Accessible Bathroom complying with Fair Housing

Act Guidelines Req. 7(2)(b) will be provided;

(d) The installation of lever door hardware throughout the unit;

(e) The installation of lever controls on faucets;

(0 Cooktop and oven controls located at the front of the range;

(g) The installation of a wand showcr head on flexible tuhe or an adjustable height

shower head;

(h) The installation of a self-cleaning oven;

(i) The creation of a 30 inch kitcht:n work space and lowering counters at sink and

work space to 34 inches ahove finished l1oor, except for "U-shaped" and "L-shaped

kitchens";
Ul The installation of anti-scald valves in shower;

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(k) The installation of U-shaped pulls near hinges on exterior of door at parking lot side

of building, except where doors have self-closing hinges;

(I) Replace existing thermostats with electronic thermostats with large numbers and

push buttons to adjust and/or remote thermostat control;

(m) Install doors that are at least 36 inches wide Or, where any existing Covered

Dwelling Unit is being modified, orr-set or swing-clear hinges on one or more doors

in the units to allow more clear width (beyond the nominal 32 inches that is

provided in the absence of the swing-clear or orr-set hinges) for the passage of wide

wheelchairs or for other persons with mobility impairments who require additional

maneuvering space based upon hislher mobility impairment;

(n) Replace electric nip switch with rocker switch operable with push;

(0) Install strobe light alarms for smoke detector and visual doorbell indicator (where a

doorbell exists);

(p) Install additional lower hanging rods and shelves in the closet;

(q) Install full height mirror in bathroom or bedroom;

(r) Install pull-out shelves in the cabinets and/or closets; and

(s) Provide a refrigerator/freezer that complies with 1986 ANSI 4.32.5.8.

28. As the modifications to the units described in Paragraph 27, above, are completed,

the units ,hall be made available to current, future and prospective tenants on a First-come, first-

served basis. The Rose Companies shall notify current tenants of the availability of these units by

sending written information (the template for which is set forth in Appendix G) to current tenants

living in a Covered Dwelling Unit at one of the Subject Properties. If a tenant with a mobility

impairment expresses an interest in moving into a unit with additional accessibility features

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identified in Paragraph 27, above, the Rose Companies will pay any and all reasonable out-of-

pocket moving costs associated with or provide any and all moving services for that tenant'S move

from a Covered Dwelling Unit at one of the Subject Properties to a unit with additional

accessibility features located within the same property. The Rose Companies shall notify future

and prospective tenants of thc availability of these units by providing written information (the

templatc for which is set forth in Appendix H) to all prospective tenants inquiring about moving

into one of the Subject Properties if the prospective tenant asks for information about the dwelling

unit to be mailed to him or her, or if he or she appears in person at the Subject Property.

D. "On Request" Accessibility Features

29. The Rose Companies shall make, at their expense, any of the following accessibility

enhancements that are requested by a current, prospective 01' future tenant with a mobility

impairment living in, or moving into, a Covered Dwelling Unit at one of the Subject Properties,

subject to the limitations set forth in the relevant appendix and subject to the procedures set forth in

Paragraphs 30-31, below. Nothing in this Section shall be interpreted as requiring the Rose

Companie~ to make ~uch accessibility enhancements for any prospective tenants unless and until

that prospective tenant signs a lease with the Rose Companies.

(a) Removable cabinetry in kitchens and/or bathrooms (and finish flooring and insulate

pipes), or replacement of fixtures or lavatories, to increase maneuvering space and

allow a full forward approach or a parallel approach to kitchen sink, range, oven, or

bathroom lavatory;

(b) Provide range with cook top and oven controls located at front of the range;

(e) Install roll-in shower;

(d) Jnstall a taller accessible toilet or a raised toilet. seat;

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(e) Replace knob hardware with levered hardware;

(f) Install lever controls on faucets;

(g) Replace shower head with wand ,hower head on flex tube or adjustable shower

head;

(h) Install anti-scald valves in shower;
(i) Jnstall U-shaped pulls near hinges on exterior or door at parking side of building,

except where doors have self-closing hinges;
Ul Replace existing thermostats with electronic thermostats with large numbers and

push buttons to adjust and/or remote thermostat control;

(k) Install at parking side entrance door an additional "fish-eye peep hole" or "wide

view peephole" at tenant's preferred height;

(l) Install off-set or swing clear door hinges and/or remove trim or molding to increase

clear width at doors or doorways for doors with less than a nominal 32-ineh

clearance, or to allow more clear width (beyond the nominal 32 inches that is

provided in the absence of the swing-clear or off-set hinges) for the passage of wide

wheelchairs or for other persons with mobility impairments who require additional

maneuvering space based upon his/her mobility impairment;

(m) Replace electric flip switch with rocker switch operable with push or with a toggle

switch;

(n) Jnstall strobe light alarms for smoke detector and visual doorbell indicator (where a

doorbell exists);

(0) Install addilionallower hanging rods and shelves in the closet;

(p) Install full height mirror in bathroom or bedroom;

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Pg ID 8660

(q) Install pull-out shelves in the cabinets and/or closets;

(r) Pull out refrigerator from the wall and place it facing forward to improve access or

install smaller refrigerator to increase clearance between the refrigerator and the

opposing wall;

(s) Install a self-cleaning oven;

(t) Install URL extenders to improve access to outlets;

(u) Within the existing space for laundry facilities, rearrange or move washer/dryer to

inerea~e access through laundry/utility room and access to washer/dryer; provided,

however, that it does nOI require the relocation of existing infrastructure, installation

of new plumbing supplies, drains, electrical wiring, exhaust venting andlor

compromise any other code requirements for such installations, although it may

require replacing or updating existing hoses or other minor connections, to facilitate

moving the laundry equipment within the existing space;

(v) Install grab bars surrounding the bathing and toilet areas.

Where the aceessihility enhancements can be achieved in alternative ways (i.e., (a), (d), (g),

(j), (I), (m), and (r», the Rose Companies. in their sole discretion, shall select the alternative to be

used in each unit, unless a particular alternative or combination of alternatives is reasonably

necessary to accommodate the needs of the tenant hased upon his/her mobility impainnent.

30. The Rose Companies shall notify current tenants of the availability of these

accessibility enhancements by sending written information (the template for which is set forth in

Appendix I) to current tenants living in a Covered Dwelling Unit at one of the Subject Properties.

The Rose Companies shall notify future and prospective tenants of the availability of these

accessibility enhancements by providing written information (the template for which is set forth in

17

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• Filed 09/30/05 Pg 18 of 50

Pg ID 8661

Appendix H) to all prospective tenants inquiring about moving into one of the Subject Properties if

the prospective tenant asks for information about the dwelling unit to be mailed to him or her, or if

he or she appears in person at the Subject Property.

31 . Provided the individual qualifies for one or more enhancements based upon that

individual's mobility impairment or other relevant d.isability, the Rose Companies will grant the

request for enhancemcnt(s). The "on request" enhancements described in Paragraph 29 will be

completed as soon as is practical, but in any event, within sixty (60) days of the date the request is

received in writing, suhjcct to documented circumstances outside the control of the Rose

Companies.

E. Notification to Current Tenants

32. Within ninety (90) days after the entry of this Consent Order. the Rose Companies

will provide the wrincn information descrihed in Paragraph 3D, above, to current tenants in

Covered Dwelling Units_

F. Written Confirmation of Request~ for Accessibility Enhancement Features

33 . The Rose Companies may require the current or prospective tenant to make or

confirm requests fOf (he accessibility enhancement features described in Paragraph Nos. 18, 19,20,

21 , 22,23,26 and 29, in writing using a form appropriate for each complex, the template for whieh

is attached hereto as Appendix J, The Rose Companies may require the current or prospective tenant

to submit appropriate infOlmation and documentation under circumstances and in a manner that is

consistent with paragraphs 12-13 of the guidance set forth in the May 14,2004 Joint Statement of

the Department of Housing and Urban Development and the Department of Justice regarding

Reasonable Accommodations under the Fair Housing Act.

18

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• Filed 09/30/05 Pg 19 of 50

Pg ID 8662

V. INSPECTION AND CERTIFICATION OF COMPLETED RETROFITS

34. The Rose Companies shall arrange to have neutral inspectors ("Inspectors"')

approved by the United States, whose approval shall not be withheld unreasonably (provided that

Inspectors may be removed from future inspections upon mumal agreement. of the Rose Companies

and the United Statcs), to conduct on-site inspections of thc modifications that have been

performed under this COni;ent Order to determine if they have been completed in accordance with

the specifications set forth in Appendices C-l through C-41. The inspections shall take place

within thirty (30) days of the date that the Rose Companies advise the United States that they have

completed one or more of the required retrofits or modifications. The inspections shall be carried

out in accordance with a written protocol separately agreed to by the Rose Companies and the

United States (the "Inspection Protocol"') which shall be provided to the Inspector.

(a) The Inspectors shall set out the results of each inspection, including deficits, if any,

in writing and shall send that report to counsel for the United States and the Rose

Companies.

(b) Subsequent inspections will occur if the Inspector determines, in good faith, that not

all of the required modifications have been made as specified in Appendices C-J

thrOUgh C-41. The Rose Companies shall correct any deficiencies within a

reasonable period of time as determined by the Inspector, and shall pay for another

inspection by the same Inspector to certify that the dctkiencies have been corrected.

This process shall continue until the Inspector certifies that all of the required

modifications have been made. Upon cenirication by the Inspector that a

modification is satisfactory, the Rose Companies shall be released from any further

obligations under this Consent Order with respect to that modification. The Rose

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• Filed 09/30/05 Pg 20 of 50

Pg ID 8663

Companies shall pay all of the Inspectors' costs and fees associated with these

inspections, and such payments shall be made without regard to the Inspectors'

findings. Any disputes between the United States and the Rose Companies as to the

Inspectors' findings and what corrective actions are necessary shall be subject to the

dispute resolution procedure sct forth in Section XllI(C) below.

(cl Unless otherwise agreed between the Rose Companies and the United States, the

Rose Companies shall give thc United States at least three (3) weeks notice of

inspections in the first year and two (2) weeks nOlice thereafter, of the inspections

descrihed in this Section and shall give the United States an opportunity to have a

representative present for such inspections.

VI. SURVEYING OF COMPLEXES AND RUH_DINGS NOT INSPECTED BY THE UNITfW STATES

35 . The United States did not inspect seven (7) of the forty-nine (49) Subject Properties.

Additionally, the Rose Companies have constructed new buildings at certain of the remaining

Subject Properties since the United States' inspection. The Subject Properties or portions thereof

that the United States has not inspected are listed in Appendix E. The surveys ~hall be carried out

in accordance with the provisions of this Section and the Inspection Protocol referenced in Section
v.

36. The Rose Companies agree to take the following actions with regard to the Subject

Properties or portions thereof listed in Appendix E:

(a) Arrange to have one or more qualified architectural firms ("Surveyors"), approved

by the United States, whose approval shall 110t be withheld unreasonably, conduct

on-site surveys to determine whether the Suhject Properties or portions thereof listed

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• Filed 09/30/05 Pg 21 of 50

Pg ID 8664

in Appendix E comply with the Fair Housing Act, and, where applicable, the ADA,

within twelve (12) months of the date of entry of this Consent Order;

(b) The Surveyor will prepare a report specifying the scope, methodology and results of

the surveys, as well as recommended retrofits deemed necessary by the Surveyor for

compliance with the accessibility provisions of the Fair Housing Act, and, where

applicable, the ADA (hereinafter the "Report(s)");

(c) The Surveyor will send the Rcport(s) to counsel for the United States and the Rose

Companies as soon as practical following the survey but in any event no later than

ninety (90) days from the date of the survey;

(d) The United States and the Rose Companies shall have sixty (60) days following

receipt of a Surveyor's Report to reach agreement on the retrofits to he performed at

each surveyed property and the time frames for completing the retrofits, The

retrofits made shall be consistent with those made in Appendices C-I through C-41.

If the United States and the Rose Companies cannot reach agreement on the retrofits

to be perfon11ed, the matter shall be resolved in accordance with the dispute

resolution procedure set [olth in Section Xm(CJ below;

(e) The procedure for inspection and certification of the retrofits performed and the

procedure for compensating tenants dislocated by such retrofits to their units will be

consistent with those set forth in Sections IV and V of this Consent Order;

(f) Upon certification by an Inspector that a required modification has been

satisl'aclorily completed, the Rose Companies shall be released from any rurther

obligations under this Consent Order with respect to that modification; and

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Pg ID 8665

(g) For those buildings listed in Appendix E that the Rose Companies have any

ownership or management interest in at the time any agreed retrofits are made, they

may not charge any additional rent, deposit, or other fcc for a unit in which retrofits

are implemented solely because of the contemplated or eompletcd retrofits.

VII. SALE OR TRANSFER OF OWNERSHIP INTEREST

37. The sale or transfer of ownership, in whole or in patt, of any the Subject Properties,

shall not affect the Rose Companies' continuing obligation to modify the Subject Properties as

specified in thh Consent Order. Should the Rose Companies decide to sell or transfer any

ownership intercst in any of thc Suhject Propctties before completion of the retrofits specified in

this Consent Order with respect to the properly to be sold or transferred, the Rose Companies shall,

at their option, either (i) complete the retrotits (including the inspection proccdure set forth in Section V) for such property prior to completion of the sale or transfer; or (ii) at least thirty (30)

days prior to completion of the sale or transfer:

(al provide to each prospective buyer written notice t.hat the Subject Properties are

subject to this Consent Order, including specifically the Rose Companies' obligatiOTl~ to complete required retrofit work and [0 allow inspections, along with a copy of this Consent Order; and

(b) provide the United States, hy facsimile and first class U.S. mail, written notice of its

intent 10 sell or transfer ownership, along with a copy of the notice sent to eacb

buyer, and each buyer' s name, address, and telephone number.

22

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Pg ID 8666

VIII. SETTLEMENT FUNDS FOR ALLEGED AGGRIEVED PERSONS

A. Establishment of Settlement Fund

38. Within thirty (30) days after the date of entry of this Consent. Order, the Defendants

shall deposit in an interest-bearing escrow account administered by counsel for the Rose

Companies at Honigmun Miller Schwartz and Cohn LLP, the total sum of $950,000 for the purpose

of paying settlement amounts to individuals alleged by the United States to qualify as "aggrieved

persons." This money shall be referred to herein as "the Settlement Fund." Any interest accruing

in the Settlement Fund shall become a part of t.he Settlement Fund and shall be utilized as set forth

in this Consent Order. Nothing in this Consent Order, including the establishment of the

Settlement Fund, shall he construed as an admission of liability to any person or entity.

B. Notice to the Public of Settlement Fund

39. Within ninety (90) days following the entry of this Consent Order the Rose

Companies shall disseminate the notice attached hereto as Appendix K (Not.ice" ) in each

geographical rental market in which the Subject Properties are located. For each geographic rental

market, the Rose Companies shall disseminate the notice as follow s:

a. By sending the Notice, by first class mail, to each current tenant who lives in

a Covered Dwelling Unit at the Suhject Properties. Within thirty (30) days

of each such service of the Notice, the Rose Companies shall provide to

Counsel for the United Slales proof Ihat thc Notice has been sent along wjth

a list of the recipients. AND

b. By doing at least one of the follo wing, and informing the United States in

writing, of the dissemination in accordance with the provisions sel forth in

Paragraph 54(d) below:

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• 2:02-cv-73518-DAS-DAS Doc # 322

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Pg ID 8667

i. Disseminate the Notice to disability advocacy groups, selected by the Rose Companies and approved by the United States (whose approval shall not be unreasonably withheld) operating in a geographic rental market in which the Subject Property is located. The Rose Companies shall make reasonable cffotts to ensure that the Notices are distributed to each group's entire membership list in the rental market area and shall provide the necessary copies, mailing costs, and other fees associated with slIch membership dissemination. OR
II . Publish the Notice on three (3) occasions in the news section of the newspaper with the largest circulation in the relevant geographic market area. The Notice shall be no smaller than three columns by six inches. The publication dates shall be separated from one another by at least twenty-one (21) days, and at least two (2) of the publication dates shall be a Sunday. Within ten (10) days of each publication date, the Rose Companies shall provide the newspaper containing the Notice to counsel for the United States.
C. United States' Efforts to Locate Potential Aggrieved Persons 40. No provision in this Consent Order shall be construed to preclude or in any way limit any efforts the United States may make to locate aggrieved per~ons. D. Identification of Aggrieved Persons 41. Alleged aggrieved persons shall have one (I) year after the date of entry of this Consent Order to contact the United States in response to any Notice the person received. Upon the Rose Companies' request, the United States shall provide a copy of any responses it receives

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• Filed 09/30/05 Pg 25 of 50

Pg ID 8668

pursuant to the Notice, together with any supporting documentation the individual provides. The United States shall investigate the claims of alleged aggrieved persons, and, within fifteen (IS) months after the date of entry of this Consent Order, shall make a preliminary determination of which persons it recommends he allowed to participate in the Settlement Fund and an appropriate amount that should be paid to each such person from the Settlement Fund. The United States will inform the Rose Companies, in writing, of its preliminary determinations, together with a copy of a sworn declaration from each alleged aggrieved person setting forth the factual basis of his or her claim. The Rose Companies shall have sixty (60) days LO review the preliminary determinations and the declarations and, if they choose, provide to the United States any documents or infurmation that they believe should affect the claim.
E. Payments to Alleged Aggrieved Persons 42. After receiving and considering the Rose Companies' dOCllments and information, if any, the United States shall submit its final recommendations to the Court for approval, identifying the alleged aggrieved persons and an appropriate portion of the Settlement Fund that should be paid to each person, together with a copy of the declaration~_ Th~ Rose Companies may, likewise, submit any additional information they wish the Court to consider in determining whether any person who responded tu the Notice should he permitted to participate in the Settlement Fund and the amount the alleged aggrieved person should receive. Within twenty-one (2l) days afterthe entry of a final Order approving or changing the United States' proposed distribution of funds to alleged aggrieved persons, counsel fur the Rose Companies at Honigman Miller Schwartz and Cohn LLP shall deliver to the United States checks payable to the alleged aggrieved persons in the amounts approved. In no event shall the aggregate of all such checks exceed the sum of the Settlement Fund, including accrued interest. No alleged aggrieved person shall be paid until s!he

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• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 26 of 50

Pg ID 8669

has executed and delivered to counsel for the United States, the Rose Companies, and the Architectural Defendant for the Subject Property a fulll'eJease of the Rose Companies and the Architectural Defendant for the Subject Property in the form attached hereto as Appendix L.
F. Remainder 43. In the event that less than the total amount in the Settlement Fund, including accrued interest, is distributed to alleged aggrieved pcrsons, the Rose Companies shall make a proposal to the Court regarding distribution of thc remainder of the fund for the purpose of providing housing for disabled persons in areas where the Subject Properties are located. Once an Order concerning the proposed distrihution of funds is entered, the Rose Companies shall undcrtake to distribute the funds in a manner consistent with the Order as soon as reasonahly possible thereafter.
IX. CIVIL PENALTY 44. Without admitting liability, the Dcfendams shall pay the total sum of $11O,00Q 10 the United States as a civil penalty pursuant to 42 U.S.c. § 3614(d)( I )(C) and 42 U.S.C. § I 2188(b)(2)(C)(i). Said sum shall be paid within thirty (30) days after the date of entry of Ihis Consent Order by submitting a check made payable to the United States of America to Counsel for the United States.
X. ACKNOWLEDGMENTS AND TRAINING 45. Within one hundred eighty (180) days after the entry of this Order, the Rose Companies and each of the Architectural Defendants shall provide a summary of this Order, as set forth in Appendix M to all their managers and ~upervisors involved in the design, construction or the rental of Covered Dwelling Units at the Subject Properties, and secure a signed statement from each manager or supervisor acknowledging that he or she has recei ved, read and understands the summary of this Order.

26

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• Filed 09/30/05 Pg 27 of 50

Pg ID 8670

46. Within ninety (90) days after the date he or she commences an agency or employment with the Rose Companies and each of the Architectural Defendants, each new manager or supervisor involved in the design, construction or with the rental of Covered Dwelling Units at the Subject Properties shall be given a summary of this Order, as approved by the Parties, and be required to sign a statement acknowledging that he or she has received, read and understands the summary of this Order.
47 . Within two hundred ten (210) days after the entry of this Order, the Rose Companies and each of the Architectural Defendants shall provide fair housing training, with a focus on disability issues, to all their managers and supervisors involved in the design, construction or rental of Covered Dwelling Units at the Subject Properties. The training shall be conducted by a qualified person or organization approved by the United States. The Rose Companies and the Architectural Defcndants shall pay all fair housing training costs. Within two hundred forty (240) days after the entry of this Order, the Rose Companies and each of the Architectural Defendants shall secure and deliver to counsel for the Unitcd States a written ccrtification of each manager' s and supervisor's attendance at the fair housing training.
48. Each new manager or supervisor involved in the design or construction of covered dwelling or the rcntal of Covered Dwelling Units at the Subject Properties shall attend fair housing training, with a focus on disability issllcs within ninety (90) days after the date he or she commences an agency or employment relationship with the Rose Companies or ariy of Architectural Defendants, or as soon thereafter as such training may he available. The Rose Companies and thc Architectural Defendants shaH pay all fair hOllsing training costs for new managers or supervisors.

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• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 28 of 50

Pg ID 8671

49. Altuched at Appendix N is a list of positions/employees to which the provisions of

Paragraphs 45 -48 shall apply .

Xl. PUBLIC NOTICE OF NON-DISCRIMINATION POLICY

50. Within ten (10) days after the datc of entry of this Consent Order, the Rose

Companies shaJJ post and prominently display in the rental offices of aJJ covered multifamily

dwellings owned andlor operated by them , including the Subject Properties, a sign no smaJJer than

10 by 14 inches indicating that all dweJJings are available for rental on a nondiscriminatory basis.

A poster tbat comports with 24 C.F.R. Part 110 will satisfy this requirement.

51. In all future advertising in newspapers and on pamphlets, brochures and other

promotional literature regarding any existing or any new covered multifamily dweJJings that the

Rose Companies may develop or construct, the Rose Companies shaJJ place, in a conspicuous

location, a statement that the dwcJJing units include features for persons with disabilities required
of by the federal fair Housing Act or, if appropriate to the size the advel1ising, the universal

symbol of accessibility.

XII.

REPORTING AND DOCUMENT RETENTION REQUIREMENTS

A. Complaints

52. The Rose Companies shall advise the United States in writing within fifteen (15)

days after receipt of any written fair housing complaint (whe(her filed administratively with HUD

or another governmental agency or in court or suhmitted in writing to the Rose Companies) against

any property owned or managed, or against any employee or agent of the Rose Companies working

at or for any sLlch prope11y, regarding discrimination on the basis of disability in housing. Upon

rea~onable notice, the Rose Companies shall also provide the United States with all non-privileged

information it may request concerning any such complaint. The Rose Companies shall also advise

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Pg ID 8672

counsel for the United States, in writing, within fifteen (15) days after the resolution of any complaint.
B. Records 53. The Defendants shall preserve all records related to the inspections, modifications (including requests for additional accessibility features in specified units, pursuant to IV(C) of this Consent Order, or "on request" accessibility enhancements, and responses thereto, pursuant to Section IV(D) of this Consent Order, or where required by Appendices Cl -C41), acknowledgments, and training ordered by this Consent Order for all covered multifamily dwellings designed, constructed, owned, operated, or acquired by them, including the Subject Properties. Upon reasonable notice to Defendants and their attorneys, representatives of the United States shall be permitted to inspect and copy any non-privileged records of Defendants related to tbis Consent Order. C. Reporting 54. Within six (6) months following the date of entry of this Consent Order, where applicable, tbe Defendants 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 X of this Consent Order; (b) Copies of c.;ertification of attendance for fair housing educational programs pursuant
[0 Section X of this Consent Order (to the extent such training has been completed); and (c) Information and/or statements related to current construction pursuant to Section IIJ of this Consent Order

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• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 30 of 50

Pg ID 8673

(d) Copies of all Notices disseminated pursuant to Section VITICB) of this Consent Order.
55. Thereafter, the Defendants shall, where applicable, on the anniversary of the date of entry of this Con~ent 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 re·port containing:
(a) Copies of the acknowledgment fomls signed by any and all new employees and agents pursuant to Section X of this Consent Order;
(b) Copies of certification of attendance for fair hOllsing educational programs for any and all new employees and agents pursuant to Section X of this Consent Order;
(c) Information and/or statements related to current construction pursuant to Section 1lI
of thb Coment Order. ,n XIII. MISCELLANEOUS
A. Duration and Scope of Consent Order 56. This Consent Order shall remain in effect for five (5) years after the date of its entry. 57. Except as othcrwise expressly stated in Paragraph 6, no obligations set forth in this Consent Order shall extend beyond the date that the Consent Order ceases to be effective. The Rose Companies, however, shall be required to comply with any requests made pursuant to Paragraphs 18,20,21,23,26 and 29, or pursuant to one of the "on request" items in Appendices C(l) to C(41), that are submitted 10 them prior to the date that the Consent Order ceases to be effective even jf the modifications requested have not been completed by such date.

JO The reporting requirements of paragraphs 54 and 55 of this Consent Order shall apply 10 DcfendanL' Saulc and Peterson only to the extent that they engage or psrticipar,e, in any way , in the design or c{lnslrUClion of covered multifamily dwellings.
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Pg ID 8674

B. Retained Jurisdiction to Enforce Consent Order SH. This Court shall retain jurisdiction for the duration of this Consent Order to enforce the terms of this Order in accordance with Paragraphs 59 and 60 below. Any party may move the Court to extend the duration of this Order in the interests of justice. C. Dispute Resolution 59. The Parties shall endeavor in good faith to resolve informally any differenoes 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 shull be titled "Motion to Compel Performance Under Consent Order." Nothing in this Paragraph shall prevent a part.y, 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. 60. Pursuant to and subject to the provisions of f·ed . R. Civ. P. 73, 28 U.S.C. § 636(c), and Local Rule 73.1 , the Court hereby refers all mallers and proceedings regurding enforcement of this Consent Order to Magistrate Judge Donald A. Scheer. An executcd Notice of Consent to have the Magistrate Judge conduct all proceedings is attached hereto as Appendix O. In the event that Magistrate Scheer is unable to perfonn the duties rererred undcr this Paragraph, the parties consent to, and the Court shall refer al.l matters and proceedings regarding enforcement of this Consent Order to another Magistrat.e Judge to be selected by the random selection process established by the United States District Court for the Eastern District of Michigan.

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Pg ID 8675

D. Time for Performance 61. Any time limits for performance imposed by this Consent Order may be extended by the mutual wrinen agreement of the United States and the relevant Defendants. Any party may move the Court to extend the time limits for performance in the interests of justice. E. Costs of Litigation 62. Each party to these actions will bear its own costs and attorneys' fees associated with this litigation. F. Limitation of Liability 63. Nothing in this Consent Order shall be read as an admission of liability by the Defendants under t.he fair Housing Act or the ADA .
G. Notice
64. Unless otherwise specificd 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 he 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., Wa~hington, D.C. 20530. Attn: DJ No. 175-37-302, except that notice of inspections pursuant to Sections V and VI shall also he sent by fax or email to counsel of record for the United States.
65 . Unless otherwise specified in this Consent Ordcr, and until further notice, all documents or other communications required by this Consent Order to be sent to the Rose Companies or counsel for the Rose Companies shall he sent via first class U.S. mail to: (a) Patrick Duerr, Honigman Miller Schwartz and Cohn LLP, 2290 first National Building, 660 Woodward

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Pg ID 8676

Avenue, Detroit, MI 4R226 and (b) John O'Hara, 30057 Orchard Lake Road, Suite 100, Farmington

Hill~, MI 48334 .

H. Return of Confidential Information

66. In accordance with the Amended Protective Order Related to Tenant Information,

within six (6) months following the entry of the Court Order distributing Settlement Funds in

accordance with Section VrrI(E), above, all Pal1ies shall either return to the Rose Companies or

destroy or otherwise dispose of all confidential tenant information as well as any copies,

compilations, or summaries of such confidential infonnation ("Confidential Tenant Information").

Any party electing to destroy or otherwise dispose of Confidential Tenant Information shall

provide certification to the Rose Companies that such dcstmction is complete within thirty (30)

days of the date of destruction.

67. In accordance with the PrOtective Order Related to Financial Information, within six

(6) months of the date of entry of this Consent Order all confidential financial information

produced by the Rose Companies to the United States shall be returned to the Rose Companies, by

forwarding same to gencral counsel for Rose , John O' Hara, 30057 Orchard Lake Road, Suite 100,

Fannington Hills, MI 48334. In addition, the United States shall destroy any copies, compilations,

or summaries of such confidential financial informalion, including, but not limited, to copies of the

transcript of the deposition of Rodney Lome Crawford, C.P.A. and any confidential financial

infomlalion the United States provided to Mr. Crawford, and any opinions or reports drafted by Mr.

Crawford (whether in draft or final fonn ). The United States shall provide certification to the Rose

Companies that such destruction is complete within (30) days of the date of destruction.

lhi/i~y SO ORDERED

of .

,2005. .

")y (I T i:.;! ! ;-: : ,''; I"" ,

, ' I"II.

~ ~ .: ' .... / . " "" \ .... / ':"'" j ( '..

!TED STATES DISTRICT COURT JUDGE

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Pg ID 8677

The undersigJUld hereby apply for and consent to the entry of this Consent Order:

For the United States

BRADLEY J. SCHLOZMAN

0';\ Acting Assistant Attorney General
Civil Rights Division

~M~

;
I·

1' J~4 /k#9~ . f.~.~~ teven ICROSbaum, chief

i
i
I

Timothy J. Moran, Deplity 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

STEPHEN J. MtJru>HY, III
United States Attorney Eastern District ofMichigan
- :£ '

Ju tn . Levy

sist t United Staies Attorney

2 1 We t Fort Street, Suite 2001

tro· ,MI 48226

j.

Tel: (313) 226-9100

Fax: (313) 226·2311

For the Rose Companies

John O'Hara General Counsel Edward Rose & Sons 30057 Orchard Lake Road, Suite 100 Fannington Hills, MI 48334 Tel: (248) 539-2255 Fax: (248) 539-2135

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Pg ID 8678

The undersigned hereby apply for and consent to the entry of this Consent Order:
FOT the United States BRADLEY .T. 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: (102) 514·1116
STEPHEN .r. MURPHY, III
United States Attorney Eastern District of Michigan
Judith E. Levy Assistant United States Attorney 211 West Fort Street, Suite 200] Detroit, MI 48226 Tel: (313) 226·9100 Fax: (3\3) 226-2311
7£ O· - For the Rose Compa . 's
To O'Hara neral Counsel
Edward Rose & Sons 30057 Orchard Lake Road, Suite 100 FanniDgton Hills, MI 48334 Tel : (248) 539·2255 Fax: (248) 539-2135
34

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 36 of 50

Pg ID 8679

NanDIO/\ C. Anktn
Ann L. Artdnow.
Brl.elwn C. Smith
lWnigmon Maler SchwiIrt>. ""d
Calm ll.P 2290 &t National B\lililing
660 W<»dwri Avenue
Detroit. Ml4S2Z6 Tel: (313) 46S-7000 fIlA: (313) *5-8000

Andl'I!W L. Sandler

1enuifet L. SpazlinO

:

.

S~. Arpc. Slate. Me.a~ &: f10m UJ>

1440 New Yotk A'Ve4I1e, N.i'N" WlllhilllllOn, D.C. 2000S-.11~ ~

Tel: (202) 371-7000

Fax: ('202) 393-5760

JQ~ph it. Fulle:nk.amp
Timothy 1. MIIbet
B=Oi &: Thomburg LUI
600 Fat! SOQJ'C8 Blink c..nter 100 No:tlI Michigan S~
SQllm BeM.IN 4600 1 Tel: (574) 233.1171
F~:(S14)23?112S
Por ~n Associ"","" Ino. lIl)d Ale,.."dI!r V. '8o&...rl$ &. A..oci.a:r P.C.

QuI''''p/lQ'II. Hanback

Holland &; Knisht LLP

;

l099 Pe!msl'ivlDla AYelI~ 'N.W.

Slli~ 100

i

Wo.oh.in,gton, D.C. 2()()()S..6SOL

T~!: (202) 955-3000

.

Fax: (202) 955-5564

Kevin QICOIIOIl
Sheri II. Cataldo SullivOUl. Wid, AdlCI' 8::. PittOD, P.C.
1000 1\4ac~ c..nrer
Z5800 Nortbwestem JDghl>.P.l)'
~.Id. MI 4807S-1000
Tol: (248) 746-0700
!,,,,,: (2411) 745-Z16C

OllTY 1.. Walton

229 EI!t Micb.i.pn Av:nllC

Sult~ 44'
~..,._

Ml4Qf1J7

W! (269) 3!13-l4l4 Fu.: (UP) 3B3..m7

3S

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 37 of 50

Pg ID 8680

Patrick T. Duerr Nonnan C. Ankers Ann L. Andrews Brigham C. Smith Honigman Miller Schwartz and
CohnLLP 2290 FirstNationaJ Building 660 Woodward Avenue Detroit, MI 48226 Tel: (313) 465-7000 Fax: (313) 465-8000

Andrew L. Sandler ] cnnifcr L. Spaziano Skadden, Arps, Slate, Meagher & Flam LLI' 1440 New York Avenue, N.W. Washington, D.C. 20005-2111 Tel: (202) 371-7000 Fax: (202) 393-5760

Joseph R. Fullenkamp Timothy J. Maher Barnes & Thornburg LLP 600 First Source Bank Center 100 North Michigan Street South Bend, IN 46601 Tel: (574) 233-1171 Fax: (574) 237-1125
FOT DorchenIMartin Associates, Inc. and Alexander V. Bogaerts & Associates P.C.

Christopher B. Hanback Holland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006-6801 Tel: (202) 955-3000 Fax: (202) 955-5564
For EckertlWordell Architects P.C.

Kevin Gleeson Sheri B. Cataldo Sullivan, Ward, Asher & Patton, P.C. 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075-1000 Tel: (248) 746-0700 Fax: (248) 746-2760

Gany L. Walton 229 East Michigan Avenue Suite 445 Kalamazoo, MI 49007 Tel: (269) 383-3434 Fax: (269) 383-2997

35

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 38 of 50

Pg ID 8681

Patrick T. Duerr
Nonnan C. Ankers Ann L. Andrews Brigham C. Srni th Honigman Miller Schwartz ami
CohnLLP
2290 First National Building 660 Woodward Avenue Detroit, MI 48226 '
Tel: (313) 465·7000
Fax: (313) 465·8000
::----,-,::-:::-:-:---:-- - - : -- - - ., _ . -
Joseph R. Fullenkamp ' Timothy J. Maher Bames & Thornburg LLP 600 First Source Bank Center 100 North Michigan Street South Bend, IN 4660 I
Tel: (574) 233· 1171 Fax: (574) 237- 1125
For DorchcnIMartin Associatt:s, Inc. and
Alexander V. Bogaerts & Associates P.C.

Andrew L. Sandler JeMifer L. Spaziano
Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Avenue, N.W . Washington, D.C. 20005·2111
Tel: (202) 371·7000
Fax : (202) 393·5760
~':D IUA---
~Hanback Holland & Knight LLP 2099 Pennsylvania Avenue, N.W.
Suite 100
Washington, D.C. 20006· 6801 Tel: (202) 955-3000
Fax: (202) 955·5564
For Eckert/Wordell Architects P.C.

Kevin Gleeson Sheri B. Cataldo Sullivan, Ward, Asher & Patton, P.C. 1000 Maccabees Center
25800 Northwestern Highway Southfield, Ml48075·j 000 Tel: (248) 746·0700
Fax: (248) 746·2760

Garry t. Walton 229 East Michigan Avenue
Suite 445 Kalamazoo, MI 49007 Tel: (269) 383-3434
Fax: (269) 383·2997

35

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 39 of 50

Pg ID 8682

Patrick T. Duerr Nonnan C. Ankers
Ann L. Andrews Brighmn C. Smith
Honigman Miller Schwartz and
Cohn LLP 2290 First National Building
660 Woodward Avenue Detroit, MI48226
Tel: (313) 465-7000 Fax: (3lJ) 465-8000

Andrew L. Sandler Jennifer L. Spaziano Skadden, Arps, Slate, Meagher & Flam LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111 Tel: (202) 371 -7000
Fax: (202) 393-5760

Joseph R. Full Timothy J. M ler Barnes & Thornburg LLP 600 First Source Bank Center
100 North Michigan Street
South Bend, IN 46601
Tel: (574) 233-\\71 Fax : (574) 237-1125
For DorchcnlMartin Associates, Inc. and Alexander V. Bogaerts & Associates P.c.

Christopher B. Hanback
Hotland & Knigbt LLP 2099 Pennsylvania Avenue, N. W. Suite 100 Washington, D.C. 20006·6801
Tel; (202) 955-3000 Fax: (202) 955-5564
For Eckert/Wordell Architects P.C.

Kevin Gleeson Sheri B. Cataldo Sullivan, Ward, Asher & Patton, P.c. 1000 Maccabees Center 25800 Northwestern Highway Soutbfield, MI 48075-1000 Tel: (248) 746-0700 Fax: (248) 746-2760

Garry L. Walton 229 East Michigan Avenue Suite 445 Kalamazoo. MI 49007 Tel: (269) 383-3434 Fax: (269) 383-2997

35

4It 2:02-cv-73518-DAS-DAS Doc # 322 Filed 09/30/05 Pg 40 of 50 Pg ID 8683

09/30/ 2805 15:03 1

GARRY L WALTON

PAGE 02/02

Patri.ck T. Duerr
Nonnan C. Ankers Ann L. Andrews Brigham C. Smith Honigman Miller Schwartz and
CohnLLP 2290 First National Building 660 Woodward Avenue
. Detroit, l'vfl 48225 Tel: (313) 465-7000 Fax: (313) 465-8000

Andrew L. Sandler Jeonifer L. Spaziano Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Avenue, N.W. Washington, D.C. 20005-2 J11 Tel: (202) 371·7000 Fax: (202) 393-5760

Joseph R. Fullenkamp Timothy J. Maher
Bames & Thornburg LJ.P
600 First Source Bank Center 100 North Michigan Street South Bend, IN 46601 Tel: (574) 233-1171 Fax: (574) 237.1,125
For DorchenlMartin Associates, Inc. and
Alexander V. Bogaerts & Associate~ p.e.

Christopher B. Hanback Holland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006·6801 Tel: (202) 955·3000 Fax: (202) 955·5564

Kevin Gleeson Sheri B. Cataldo Sullivan, Ward, Asher & Patton, P.e. 1000 Maccabees Center 25800 Northwestern Highway Southfield, MI 48075·1000 Tel: (248) 746-0700 Fax: (248) 746-2760

arry L. Walto 229 East Michigan AvenUE: Suite 445 Kalamazoo, MI 49007 Tel: (269) 383-3434 Fax: (269) 383-2997

For SSOE, Inc., James R. SauIe, and Gerald Peterson

Drew F. Seaman
35

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 41 of 50

Pg ID 8684

Patrick T. Duerr NOlman C. Ankcrs
Ann L. Andrews Brigham e. Smith
Honigman Miller Schwartz ami
Calm LLP
2290 First National Building
660 Woodward Avenue
Detroit, MI 48226
Tel: (313)465-7000 Fax : (313) 465-8000

Andrew L Sandler Jennifer L Spaziano
Skaddcn, Arps, Slate, Meagher & Flam LLP )440 New York Avenue, N,W.
Washington, D.C. 20005-2111 Tel: (202) 371-7000 Fax: (202) 393-5760

Joseph R. Fullenkamp
Timothy J. Maher
flames & Thornburg LLP
600 First Source Bank Center 100 North Michigan Street South Bend, IN 46601 Tel: (574) 233-1171 Fax: (574) 237-1125
For Dorchen/Martin Associates, Inc. and Alexander V. Bogaerts & Associates P.C.
OL3.r:~--I -(")".....- --
Kevin Gleeson Sheri S, Cataldo Sullivan, Ward, Asher & Patton, P.C, 1000 Maccabees Center 25800 Northwestern Highway
Southfield, MI 48075-1000
Tel: (248) 746-0700 Fax: (248) 746·2760

Christopher B. Hanback Holland & Knight LL1' 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D,C. 2000G-6801 Tel: (202) 955-3000 Fax : (202) 955-5564
For EckertlWordell Architects P.e.
Garry L. Walton
229 East Michigan Avenue
Suite 445 Kalamazoo, Ml 49007 Tel: (269) 383-3434 Fax: (269) 383-2997

35

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 42 of 50

Pg ID 8685

For SSOE, Inc., James"R::::.;S~a......~d Gerald Peterson

Drew F. Seaman
Straub, Seaman & Allen, p.e.
1014 Main Street
SI. Joseph, Ml49085
Tel: (269) 982-1600
Fax: (269) 982-1694

36

2:02-cv-73518-DAS-DAS Doc # 322 Filed 09/30/05 Pg 43 of 50 Pg ID 8686
•
•
• • •

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 44 of 50

Pg ID 8687

APPENDIX A
Subject Properties
(l) Arbor Lakes Apartments, located at 22538 Pine Arbor Drive, Elkhart, Indiana 46516.
(2) Autumn Lakes Apartments, located at 1109 Hidden Lakes Drive, Mishawaka, Indiana 46544.
(3) Brentwood Park Apartments, located at 10736 Brentwood Drive, LaVista, Nebraska 68128 .
(4) Byron Lakes Apartments, locatcd at 7000 Byron Lakes Drive, Byron Center, Michigan 49315.
(5) Canal Club Apartments, located at 7715 Streamwood Drive, Lansing, Michigan 48917.
(6) Canal 2, 7606 Briarbrook Drive, Lansing, Michigan 48917.
(7) The Crossings Apartments, located at 1414 Eastport Drive, S.E., Grand Rapids, Michigan 49508.
(8) Dupont Lakes Apartments, located at 3302 Vantage Point Drive, Ft. Wayne, Indiana 46825.
(9) Foxwood Apartments, located at 4805 Fox Valley Drive, Portage, Michigan 49024.
(10) Glenn Valley Apartments, located at 5255 Glenn Vallcy Drive, Battle Creek, Michigan 49015.
(11) Green Ridge Apartments, located at 3359 Ridgeview Drive, Grand Rapids, Michigan 49544.
(12) Gull Prairie Apartments, located at 4350 Gull Prairie Drive, Kalamazoo, Michigan 49048.
(13) Gull Rltn Apartments, located at 4495 Gull Run Drive, Kalamazoo, Michigan 49048.
(14) The Harbours Apartments, located at 44530 Bayview Avenue, Clinton Township, Michigan 48038.
(15) Hcathcrwood Apartments, locatcd at 1275 Hcathcrwood Drivc, Grand Blanc, Michigan 48439.
(16) The Hermitage, located at 4805 Fox Vallcy Drive, Portage, Michigan 49025.
(17) The Highlands Apartments, located at 2641 Muirficld Drive, Elkhart, Indiana 46514.

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 45 of 50

Pg ID 8688

(I 8) Huntington Cove Apartments, located at 2040 East 84th Street, Merrillville, Indiana 46410.
(19) Hurwich Farms Apartments, located at 2701 Appaloosa Lane, South Bend, Indiana 46628.
(20) Indian Lakes Apartments, located at 5726 Seneca Drive, Mishawaka, Indiana 46545. (21) Lake Pointe Apartments, located at 4396 Long Lake Road, Batavia, Ohio 45103. (22) Latitudes Apartments, located at 8940 Latitudes Drive, Indianapolis, Indiana 46237. (23) Liberty Mills Apartments, located at 6101 Cornwallis Drive, Ft. Wayne, Indiana 46804. (24) Mallard Bay Apartments, located at 9310 Monroe Street, Crown Point, Indiana 46307.
(25) North Pointe Apartments, located at 3330 North Pointe Blvd., Elkhart, Indiana 46514. (26) Northport Apartments, located at 45081 Northport Drive, Macomb, Michigan 48044. (27) Oak Shore Apartments, located at 2325 West Briar Lake Way, Oak Creek, Wisconsin
53154. (28) Orchard Lakes Apartments, located at 2161 Orchard Lakes Place East, Toledo, Ohio
43615. (29) Pheasant Run Apartments, located at 3090 Pheasant Run Drive, Lafayette, Indiana
47909.
(30) Pine Knoll Apartments, located at 115 Pine Knoll Drive, Battle Creek, Michigan 49014. (31) Polo Run Apartments, located at 800 Kings Mill Road, Greenwood, Indiana 46142. (32) Portsmoutb Apartments, located at 31170 Wellington Drive, Novi, Michigan 48377. (33) Prairie Lakes Apartments, located at 1500 W. Blue Sage Drive, Peoria, Illinois 61615. (34) South Bridge Apartments, located at 8310 Bridgeway Blvd., Ft. Wayne, Indiana 46816. (35) Southport Apartments, located at 10830 Oak Lane, Bellville, Michigan 48111. (36) The Springs II Apartments, located at 30995 Springlake Blvd., Novi, Michigan 48377. (37) Sundance at the Crossings Apartments, located at 7213 Sundance Drive, Indianapolis,
Indiana 46237.
(38) Sunscape Apartments, located at 3635 Sunscape Drive, Roanoke, Virginia 24018.

2

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 46 of 50

Pg ID 8689

(39) Swiss Valley Apartments, located at 3001 Burlingame Avenue, S.W., Wyoming, Michigan 49509.
(40) Tanglewood Apartments, located at 9200 South Meyer Lane, Oak Creek, Wisconsin 53154.
(41) Thornridgc Apartments, located at 1000 Thornridge Drive, Grand Blanc, Michigan 48439.
(42) Timbcrlane Apartments, located at 5901 North War Memorial Drive, Peoria, Illinois 61615.
(43) Towne Lakes Apartments, located at 4033 Towne Lakes Ave., Grand Chute, Wisconsin 54913 .
(44) Tracy Creek Apartments, located at 7043 Tracy Creek Dri ve #IA, Perrysburg, Ohio 43551.
(45) Trophy Club at Bellgrade Apartments, located at 2301 Thoroughbred Circle, Midlothian, Virginia 231!3.
(46) Waterfront Apartments, located at 1431 8ayhead Drive, Virginia Beach, Virginia 23453.
(47) West Hampton Park Apartments, located at 19205 Costanzo Plaza #IA, Elkhorn, Nebraska 68022.
(48) Westlake Apartments, located at 1102 Westlake Circle, Belleville, Michigan 48111.
(49) Windmill Lakes Apartments, located at 2900 Millpond Drive, West Holland, Michigan 49424 .

3

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 47 of 50

Pg ID 8690

APPENDIXB

Retrolit Schedule
The Rose Companies shall ~omp\cte public and common usc area retrofIts , interior retrofits, and additionally accessible units according to the following schedule, provided however that the time for completion may be extended pursuant to Section Xlll.D of the Consent Order.

PUBLIC AND COMMON USE AREAS (Parts II aod III of Appendices C-I through C-42)
Farmington Hills Office: Community buildings to be 100% complete within 6 months after the date of entry of the Consent Order. Dual walkways and all other public and common use areas other than slopes to be completed within 17 months of entry of the Consent Order. Slopes to be completed on the following schedule: (1) 50% complete within 20 months after the date of entry of the Consent Order, (2) 100% complete within 28 months. Rose Companies to provide United States with planned schedule in advance for comment. Such schedule shall ensure that the corrections perfomled are rcasonably distributed throughout the complexes managed by the office.

Indianapolis Office: Community huildings to be 100% complete within 12 months after the date of entry of the Consent Order. Dual walkways and all other public and common use areas other than slopes to be completed within 15 months of entry ofthe Consent Order. Slopes to be completed on the following schedule: (I) 50% complele within 21 months after the date of entry of the Consent Order, (2) 100% complete within 30 months. Rose Companies to provide United Stat.es with planned schedule in advance for comment. Such schedule shall ensure t.hat the corrections perfonned are rcasonably distributed throughout the complexes managed by the oJTtce.

Kalamazoo and Flint Offices: Community buildings to be 100% complete within 15 months aftcr the date of entry of the Consent Order. Dual walkways and all other public and common use areas other than slopes to be completed within 30 months of entry of the Consent Order. Slopes to be completed on the fotlowing schedule: (I) 50% complete with 18 months after the date of entry of the Consent Order, (2) 100% complete within 30 months. Rose Companies to provide United States with planned schedule in advance for comment. Such schedule shall ensure that the corrections performed arc reasonably distributed throughout the complexes managed by the two offices.

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 48 of 50

Pg ID 8691

INTERIOR RETROFITS (Part IV of Appendices C-) through C-42)
Farmington Hills Office: RetTofits to be completed on the following schedule: (1) 50% of units complete within 12 months after the date of entry of the Consent Order, (2) 75% or units complete within 21 months, (3) 100% of units complete within 28 months, Rose Companies to provide United States with planned schedule in advance for comment. Such schedule shall ensure that the corrections perfonned are reasonably distributed throughout the complexes managed by the office,
Indianapolis Office: Retrofits to be completed on the following schedule: (1) 30% of units complete within 12 months aller the dllte of entry of the Consent Order, (2) 55% of units complete within 24 months, (3) 80% of units complete within 36 months, (4) 100% of units complete within 48 months. Rose Companies to provide United States with plalllled schedule in advance for comment. Such schedule shall ensure that the corrections performed are reasonably distributed throughout the complexes managed by the office.
Kalamazoo and Flint Offices: Retrofits to be completed on the following schedule (l) 20% of units complete within 12 months after the date of entry of the Consent Order, (2) 40% of units complete within 24 months, (3) 60% of units complete within 36 months, (4) 80% of units complete within 48 months, (5) 100% of units complete within 58 months , Rose Companies to provide United States with planned sehcdule in advance for commcnt. Such schedule shall ensure that the corrcctions perfom1ed are reasonably distributed throughout the complexes managed by the office.
ADDITIONALLY ACCESSIBLE UNITS (Part V of Appendices C-I through C-42)
,,'armington Hills Office: Rctrollts of 100% of the additionally accessible units to be complete within 12 months after the date of entry of the Consent Order, except lOT Buildings 6, 7 and 8 at Lake Pointe, which will be completed as the construction of the buildings are completed.
Indianapolis Office: Additionally accessible units to be retrofitted OT constructed on following schedule: (1) 40% of additionally accessible units to be complete within 12 months after thc date of entry of the Consent Order, (2) 75% of additionally accessible units to bc compl ete within 24 months, (3) 100% of additionally accessible units (0 be complete within 36 months,
Kalamazoo Office: Additionally accessible units to be retrofitted or constructed on following schedule: (I) 40% of additionally accessible units to bc complete within 12 months after the date of cntry of the Consent Order, (2) 667\% of additionally accessible units to be complete within 24 months, (3) 100% of additionally accessible units to be complete within 36 months.

2

• 2:02-cv-73518-DAS-DAS Doc # 322

• Filed 09/30/05 Pg 49 of 50

Pg ID 8692

Flint Office: Retrofits of additionally accessible units to be 100% complete within 15 months al1er the date of entry of the Consent Order.

3

2:02-cv-73518-DAS-DAS Doc # 322 Filed 09/30/05 Pg 50 of 50 Pg ID 8693
•
•
• • •

 
 Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 1 of 40
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:02−cv−73518−DAS−DAS

CLOSED

USA v. Edward Rose Sons, et al Assigned to: Magistrate Judge Donald A Scheer − INACTIVE Referred to: Magistrate Judge Donald A Scheer − INACTIVE Demand: $0
Plaintiff

Date Filed: 09/03/2002 Date Terminated: 09/30/2005 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Erin M. Richmond U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. 7th Floor Washington, DC 20530 202−305−1311 Email: erin.richmond@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harvey L. Handley U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 Fax: 202−305−1311 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey G. Collins Collins &Collins, P.C. 1323 Broadway Suite 800 Detroit, MI 48226 313.963−2303 Fax: 313.963−2312 Email: jcollins@phiferwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith E. Levy U.S. Attorney's Office 211 W. Fort Street Suite 2001 Detroit, MI 48226 313−226−9100 Email: judith.levy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin M. Cremin U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 Fax: 202−305−1311 TERMINATED: 08/27/2004

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 2 of 40
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ming−Yuen Meyer−Fong − INACTIVE U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pamela J. Thompson U.S. Attorney's Office 211 W. Fort Street Suite 2001 Detroit, MI 48226 313−226−9100 Email: Pamela.Thompson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven H. Rosenbaum U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 Fax: 202−305−1311 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J. Moran U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 Fax: 202−305−1311 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph R. Gaeta U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. − G Street Washington, DC 20530 212−353−9062 Email: joe.gaeta@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant Edward Rose and Sons

represented by Alan J. Kriegel Skadden, Arps, 1440 New York Avenue, N.W. Washington, DC 20005 202−371−7400 Fax: 202−371−7400 TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 3 of 40
Andrew Sandler Skadden, Arps, 1440 New York Avenue, N.W. Washington, DC 20005 202−371−7400 Fax: 202−371−7400 TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher B. Hanback Holland &Knight 2099 Pennslvania Avenue NW Suite 100 Washington, DC 20006−6801 202−955−3000 Fax: 202−955−3000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederick M. Baker − INACTIVE , Jr. Honigman, Miller, (Lansing) 222 N. Washington Square Suite 400 Lansing, MI 48933−1800 517−377−0710 Fax: 517−484−8115 TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer L. Spaziano Skadden, Arps, 300 S. Grand Avenue 34th floor Los Angeles, CA 90071−3144 213−687−5697 Fax: 213−687−5697 TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M. O'Hara Edward Rose &Sons, L.L.C. 30057 Orchard Lake Road Suite 100 Farmington Hills, MI 48333−9070 248−539−2255 Fax: 248−539−2255 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kishka−Kamari M. Ford Skadden, Arps, 1440 New York Avenue, N.W. Washington, DC 20005 202−371−7400 Fax: 202−371−7400 TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norman C. Ankers Honigman, Miller,

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 4 of 40

660 Woodward Avenue Suite 2290 Detroit, MI 48226−3506 313−465−7000 Fax: 313−465−7307 Email: nankers@honigman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick T. Duerr Honigman, Miller, (Detroit) 660 Woodward Avenue Suite 2290 Detroit, MI 48226−3583 313−465−7000 Fax: 313−465−7000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert M. Jackson Honigman, Miller, 660 Woodward Avenue Suite 2290 Detroit, MI 48226−3506 313−465−7000 Email: rjackson@honigman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown Honigman, Miller, 222 N. Washington Square Suite 400 Lansing, MI 48933−1800 517−377−0710 Email: abrown@honigman.com ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE Honigman, Miller, (Lansing) 222 N. Washington Square Suite 400 Lansing, MI 48933−1800 517−377−0710 ATTORNEY TO BE NOTICED

Brigham C. Smith Lansing City Attorney's Office 124 W. Michigan Avenue 5th Floor, City Hall Lansing, MI 48933 517−483−4320 Email: Bsmith@ci.lansing.mi.us ATTORNEY TO BE NOTICED

Defendant Edward Rose and Sons, Incorporated

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 5 of 40

TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant
Edward Rose Association, Incorporated

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 6 of 40
ATTORNEY TO BE NOTICED
Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher B. Hanback (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M. O'Hara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Norman C. Ankers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick T. Duerr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED
Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED
Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED
Defendant

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 7 of 40

Edward Rose and Associates, L. L. C.

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 8 of 40

ATTORNEY TO BE NOTICED

Defendant
Edward Rose Development Company, L. L. C.

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 9 of 40

ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant Edward Rose Realty, Incorporated

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 10 of 40

ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant Edward Rose Properties, Incorporated

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Frederick M. Baker − INACTIVE , Jr. (See above for address) TERMINATED: 01/06/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

Robert M. Jackson (See above for address) LEAD ATTORNEY

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 11 of 40

ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant
Occidental Development Company, L. L. C.

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 12 of 40

ATTORNEY TO BE NOTICED

Defendant Occidental Development Limited

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant Huron Development, L. P.

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 13 of 40

LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant Green Ridge, L. P.

represented by Alan J. Kriegel (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrew Sandler (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Jennifer L. Spaziano (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 14 of 40

ATTORNEY TO BE NOTICED

Kishka−Kamari M. Ford (See above for address) TERMINATED: 01/15/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert M. Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant
Dorchen/Martin Associates, Incorported

represented by Kevin J. Gleeson Sullivan, Ward, 25800 Northwestern Highway Suite 1000 Southfield, MI 48075−1000 248−746−0700 Email: kgleeson@swappc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sheri B. Cataldo Sullivan, Ward, 25800 Northwestern Highway Suite 1000 Southfield, MI 48075−1000 248−746−0700 Email: scataldo@swappc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Eckert/Wordell Architects, P. C.

represented by Garry L. Walton 229 E. Michigan Avenue Suite 445 Kalamazoo, MI 49007 616−383−3434 Fax: 616−383−3434 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Gerald Peterson

represented by

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 15 of 40

Drew F. Seaman Straub, Seamon, 1014 Main Street P.O. Box 318 St. Joseph, MI 49085 616−982−1600 Email: dseaman@lawssa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
James R. Saule Architect

represented by Drew F. Seaman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant SSOE, Incorporated

represented by Drew F. Seaman (See above for address) ATTORNEY TO BE NOTICED

Defendant Manifold Services, Incorporated

represented by Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Ann L. Andrews − INACTIVE (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

Defendant Personnel Management, Incorporated

represented by Angela M. Brown (See above for address) ATTORNEY TO BE NOTICED

Brigham C. Smith (See above for address) ATTORNEY TO BE NOTICED

V. Movant Verleen Darnell Defendant Gerald Peterson
Defendant Alexander V. Bogaerts and Associates, P. C.

represented by Drew F. Seaman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin J. Gleeson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 16 of 40
Sheri B. Cataldo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/03/2002 09/30/2002 10/02/2002 10/15/2002 10/15/2002 10/16/2002 10/16/2002 10/16/2002
10/16/2002 10/16/2002
10/16/2002 10/16/2002 10/16/2002 10/16/2002 10/16/2002 10/16/2002 10/17/2002
10/17/2002 10/22/2002
10/24/2002

# Docket Text
1 COMPLAINT (dh) (Entered: 09/09/2002)
2 APPEARANCE for Gerald Peterson, James R. Saule of attorney Drew F. Seaman with notice and proof of service (kb) (Entered: 10/01/2002)
3 APPEARANCE for Dorchen Martin Assoc of attorney Kevin J. Gleeson, Sheri B. Cataldo with notice and proof of service (kb) (Entered: 10/03/2002)
4 ANSWER by defendant James R. Saule, defendant Gerald Peterson to complaint [1−1] with proof of service. (RH) (Entered: 10/16/2002)
4 AFFIRMATIVE defenses by defendant James R. Saule, defendant Gerald Peterson (RH) (Entered: 10/16/2002)
5 WAIVER of service sent on 9/6/02 and signed by attorney for defendant Green Ridge L P − answer due 11/5/02 for Green Ridge L P (DT) (Entered: 10/17/2002)
6 WAIVER of service sent on 9/6/02 and signed by attorney for defendant Huron Dev L P − answer due 11/5/02 for Huron Dev L P (DT) (Entered: 10/17/2002)
7 WAIVER of service sent on 9/6/02 and signed by attorney for defendant Occidental Dev Ltd − answer due 11/5/02 for Occidental Dev Ltd (DT) (Entered: 10/17/2002)
8 WAIVER of service sent on 9/6/02 and signed by defendant Occidental Dev Co − answer due 11/5/02 for Occidental Dev Co (DT) (Entered: 10/17/2002)
9 WAIVER of service sent on 10/16/02 and signed by attorney for defendant Edward Rose Realty − answer due 12/15/02 for Edward Rose Realty (DT) (Entered: 10/17/2002)
10 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Prop Inc − answer due 11/5/02 for Edward Rose Prop Inc (DT) (Entered: 10/17/2002)
11 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Dev Co − answer due 11/5/02 for Edward Rose Dev Co (DT) (Entered: 10/17/2002)
12 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Assoc − answer due 11/5/02 for Edward Rose Assoc (DT) (Entered: 10/17/2002)
13 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Assoc − answer due 11/5/02 for Edward Rose Assoc LLC (DT) (Entered: 10/17/2002)
14 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Sons − answer due 11/5/02 for Edward Rose Sons (DT) (Entered: 10/17/2002)
15 WAIVER of service sent on 9/6/02 and signed by defendant Edward Rose Sons Inc − answer due 11/5/02 for Edward Rose Sons Inc (DT) (Entered: 10/17/2002)
16 (STRICKEN 10/22/02) MOTION by defendant Dorchen Martin Assoc for more definite statement with notice, brief, exhibit A and proof of service (DT) Modified on 10/22/2002 (Entered: 10/17/2002)
17 MOTION by defendant Dorchen Martin Assoc to transfer venue with brief, exhibits A−C and proof of service (DT) (Entered: 10/17/2002)
18 ORDER by Judge Victoria A. Roberts, striking motion for more definite statement by Dorchen Martin Assoc [16−1] [EOD Date 10/22/02] (RH) (Entered: 10/22/2002)
19 APPEARANCE for defendant Eckert Wordell of attorney Garry L. Walton, with proof of service. (RH) (Entered: 10/25/2002)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 17 of 40

11/05/2002 11/05/2002 11/05/2002 11/05/2002 11/05/2002 11/06/2002 12/02/2002 12/02/2002 12/02/2002 12/30/2002 01/07/2003 01/14/2003 01/21/2003
01/27/2003
01/29/2003 01/29/2003
01/30/2003
01/31/2003
02/03/2003
02/03/2003

Text not available. (Entered: 11/07/2002)
20 ANSWER by Rose defendants to complaint [1−1] with proof of service (ew) Modified on 11/07/2002 (Entered: 11/07/2002)
20 AFFIRMATIVE defenses by Rose defendants (ew) (Entered: 11/07/2002)
21 ANSWER by defendant Eckert Wordell to complaint [1−1] with proof of service (ew) (Entered: 11/07/2002)
21 AFFIRMATIVE defenses by defendant Eckert Wordell (ew) (Entered: 11/07/2002)
22 NOTICE of FRCP 16(b) status and scheduling conference for 3:00 1/31/03 (ew) (Entered: 11/07/2002)
23 STATEMENT of disclosure of corporate affiliations and financial interests by defendant Dorchen Martin Assoc (DT) (Entered: 12/03/2002)
24 ANSWER by defendant Dorchen Martin Assoc to complaint [1−1] with proof of service (DT) (Entered: 12/03/2002)
24 AFFIRMATIVE defenses by defendant Dorchen Martin Assoc (DT) (Entered: 12/03/2002)
25 DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f) (dh) (Entered: 12/31/2002)
116 MOTION by Rose defendants' for protective order , with brief, exhibits A−G and proof of service. (RH) (Entered: 01/07/2004)
26 NOTICE by Judge Roberts chambers of setting telephone conference for 3:30 1/17/03 with proof of service. (PP) (Entered: 01/15/2003)
27 MOTION by plaintiff USA to amend complaint [1−1] , for preliminary injunction with brief, attachments 1−8,7,1−3,8,A−D,9−11, proof of service (dh) Modified on 01/23/2003 (Entered: 01/22/2003)
28 EMERGENCY MOTION by defendants' to modify briefing and motion schedule , with brief, exhibits A−E, notice of hearing and proof of service. (RH) Modified on 01/28/2003 (Entered: 01/28/2003)
29 SUPPLEMENTAL EXHIBITS filed by defendants' in support of motion to modify briefing and motion schedule by defendants [28−1] (RH) (Entered: 01/30/2003)
30 RESPONSE by plaintiff USA to motion to modify briefing and motion schedule by defendants [28−1] with exhibits 1−4 and proof of service. (RH) (Entered: 01/30/2003)
31 ORDER by Judge Victoria A. Roberts denying motion to modify briefing and motion schedule by defendants [28−1] and setting hearing on motion for preliminary injunction by USA [27−2] for 2:00 2/18/03 [EOD Date 1/31/03] (RH) (Entered: 01/31/2003)
32 NOTICE (letter) by court confirming hearing on motion for preliminary injunction by USA [27−2] for 2/6/03 and allowing the filing of amicus brief by 2/6/03 (lh) (Entered: 02/04/2003)
33 MOTION by Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Occidental Dev Ltd, Occidental Dev Co, Green Ridge L P, Huron Dev L P to transfer case to the Northern District of Indiana with joint brief, attachments "1" thru "14" and proof of service (lh) Modified on 02/04/2003 (Entered: 02/04/2003)
33 BRIEF in response by Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Occidental Dev Ltd, Occidental Dev Co, Green Ridge L P, Huron Dev L P to motion for leave to amend complaint [1−1] by USA [27−1] and for entry of a preliminary injunction by USA [27−2] with attachments "1" thru "14" and proof of service (lh) (Entered: 02/04/2003)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 18 of 40

02/03/2003
02/03/2003 02/06/2003 02/07/2003 02/07/2003 02/12/2003 02/12/2003 02/13/2003 02/13/2003
02/20/2003 02/21/2003
02/21/2003 02/21/2003 02/25/2003 03/07/2003 03/10/2003 03/11/2003

34 APPENDIX of authorities by Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Occidental Dev Ltd, Occidental Dev Co, Green Ridge L P, Huron Dev L P to to transfer case to the Northern District of Indiana by defendants [33−1] and in opppsotion to plaintiffs motion for leave to file an amended complaint and for entry of a preliminary injunction [33−1] with attachments "1" thru "18" (lh) (Entered: 02/04/2003)
35 CORRECTED proof of service by plaintiff USA of [30−1] (lh) Modified on 02/04/2003 (Entered: 02/04/2003)
36 AMICUS curiae brief by the National Multi Housing Counsil and the National Apartment Association in support of defendants with proof of service (lh) (Entered: 02/07/2003)
37 REPLY by USA to defendants' response to motion to amend complaint [1−1] [27−1] and motion for preliminary injunction [27−2] with exhibits 1−7 and proof of service (DT) (Entered: 02/10/2003)
37 RESPONSE by USA to motion to transfer case to the Northern District of Indiana by defendants [33−1] with exhibits 1−7 and proof of service (DT) (Entered: 02/10/2003)
38 REPLY by defendants to response to motion to transfer case to the Northern District of Indiana by defendants [33−1] with attachments (ew) (Entered: 02/13/2003)
39 MOTION by plaintiff for leave to file a response to the brief of the National Multi−Housing Council and the National Apartment Association as Amici Curiae (ew) (Entered: 02/13/2003)
40 ANSWER by plaintiff USA to brief of the National Multi−Housing Council and the National Apartment Association as Amici Curiae [36−1] with attachments (ew) (Entered: 02/14/2003)
41 ORDER by Judge Victoria A. Roberts granting motion for leave to file a response to the brief of the National Multi−Housing Council and the National Apartment Association as Amici Curiae by USA [39−1] [EOD Date 2/14/03] (ew) (Entered: 02/14/2003)
42 APPLICATION by plaintiff USA for leave to file a supplemental brief (dh) (Entered: 02/21/2003)
43 MEMORANDUM opinion and order by Judge Victoria A. Roberts denying motion to transfer case to the Northern District of Indiana by defendants [33−1], granting motion to amend complaint [1−1] by USA [27−1], denying motion for preliminary injunction by USA [27−2] with proof of service [EOD Date: 2/24/03] (dh) (Entered: 02/24/2003)
44 DECLARATION of William B. Milzarski with notice of filing (dh) (Entered: 02/24/2003)
45 ORDER by Judge Victoria A. Roberts, designating Frederick Bank and Andrew Sandler as lead counsel of the Rose defendants with proof of service [EOD Date 2/24/03] (dh) (Entered: 02/24/2003)
46 MOTION by plaintiff USA to compel the Rose defendants to permit inspections and respond to the United States' first sets of interrogatories and document requests with brief, attachments 1−12, proof of service (dh) (Entered: 02/26/2003)
47 NOTICE filing affidavits of Gerald Peterson and James Saule , with proof of service. (RH) (Entered: 03/10/2003)
53 AMENDED complaint 1 by plaintiff USA adding Gerald Peterson, Alexander V Bogaerts (RH) (Entered: 03/14/2003)
48 ORDER by Judge Victoria A. Roberts with stipulation dismissing without prejudice motion to compel the Rose defendants to permit inspections and respond to the United States' first sets of interrogatories and document requests by USA

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 19 of 40

03/12/2003 03/12/2003 03/14/2003 03/14/2003 03/14/2003 03/24/2003 03/24/2003
03/24/2003
03/28/2003 03/28/2003 03/28/2003
03/31/2003 03/31/2003 04/01/2003
04/01/2003
04/01/2003
04/01/2003

[46−1] [EOD Date: 3/12/03] (RH) (Entered: 03/12/2003)
49 EXHIBITS A and filed by defendant Dorchen Martin Assoc, with proof of service. (RH) (Entered: 03/13/2003)
50 APPEAL by defendants of order [43−1] to USCA − FEE: PAID − Receipt #: 484149 (do) (Entered: 03/14/2003)
51 PROOF of service of appeal notice [50−1] to USCA and counsel of record (do) (Entered: 03/14/2003)
52 CERTIFIED copy of appeal notice by defendants [50−1] and docket transmitted to USCA (do) (Entered: 03/14/2003)
54 NOTICE by the Court setting civil status conference for 2:30 5/15/03 (RH) (Entered: 03/17/2003)
55 ACKNOWLEDGMENT from USCA of receipt of appeal notice of appeal &docket [52−1] (ew) (Entered: 03/25/2003)
56 ANSWER by Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to amended complaint by USA [53−1] (ew) (Entered: 03/25/2003)
56 AFFIRMATIVE defenses by Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons (ew) (Entered: 03/25/2003)
57 ANSWER by defendant Dorchen Martin Assoc to amended complaint by USA [53−1] with proof of service (dh) (Entered: 03/31/2003)
57 AFFIRMATIVE defenses by defendant Dorchen Martin Assoc (dh) (Entered: 03/31/2003)
58 MOTION by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons for leave to exceed page limitation and to expedite briefing and hearing on motion to stay, modify, dissolve, or suspend preliminary injunction (dh) (Entered: 03/31/2003)
59 TRANSCRIPT taken on 02/18/03 of motion for entry of preliminary injunction (dh) (Entered: 03/31/2003)
65 JOINT APPEAL by defendants Gerald Peterson, James R. Saule, Eckert Wordell and Dorchen Martin Assoc of order [43−1] to USCA − FEE: PAID − Receipt 34782AA (do) (Entered: 04/02/2003)
60 ORDER by Judge Victoria A. Roberts granting motion for leave to exceed page limitation by defendants [58−1], denying motion to expedite briefing and hearing on motion to stay, modify, dissolve, or suspend preliminary injunction by defendants [58−2] [EOD Date 4/2/03] (dh) (Entered: 04/02/2003)
61 MOTION by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal with brief (dh) (Entered: 04/02/2003)
62 EXHIBITS filed by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons in support of motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by defendantssssss [61−1] (dh) (Entered: 04/02/2003)
63 APPENDIX by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by defendants [61−1] (dh) (Entered:

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 20 of 40

04/01/2003 04/02/2003 04/02/2003 04/02/2003
04/02/2003 04/08/2003 04/08/2003 04/08/2003 04/08/2003 04/08/2003 04/09/2003 04/14/2003 04/18/2003 04/28/2003 04/28/2003 04/28/2003
04/29/2003
05/01/2003 05/21/2003

04/02/2003)
64 PROOF of service by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of [63−1], [62−1], [61−1] (dh) (Entered: 04/02/2003)
66 PROOF of service of joint appeal notice [65−1] to USCA and counsel of record (do) (Entered: 04/02/2003)
67 CERTIFIED copy of joint appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Gerald Peterson [65−1] and docket transmitted to USCA (do) (Entered: 04/02/2003)
68 TRANSCRIPT order form by Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons regarding appeal notice by defendants [50−1] requesting transcript(s) of: 02/18/03 −appeal case # 03−1316 (dh) (Entered: 04/03/2003)
69 WAIVER of service sent on 3/11/03 and signed by defendant Alexander V Bogaerts − answer due 5/10/03 for Alexander V Bogaerts (dh) (Entered: 04/03/2003)
70 ANSWER by Gerald Peterson, James R. Saule to amended complaint by USA [53−1] with proof of service (kb) (Entered: 04/09/2003)
70 AFFIRMATIVE defenses by Gerald Peterson, James R. Saule (kb) (Entered: 04/09/2003)
71 ANSWER by Eckert Wordell to amended complaint by USA [53−1] with proof of service (kb) (Entered: 04/09/2003)
71 AFFIRMATIVE defenses by Eckert Wordell (kb) (Entered: 04/09/2003)
72 PROOF of service of [56−1], [60−1] (kb) (Entered: 04/09/2003)
73 NOTICE by defendant Dorchen Martin Assoc of filing correspondence dated 02/19/03 including exhibits with proof of service (dh) (Entered: 04/11/2003)
74 RESPONSE by USA to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending by defendants [61−1] with proof of service and attachments (ew) (Entered: 04/16/2003)
75 ACKNOWLEDGMENT from USCA of receipt of appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Peterson [65−1] − appeal case # 03−1418 (lh) (Entered: 04/21/2003)
76 ANSWER by defendant Alexander V Bogaerts to first amended complaint by USA [53−1] with proof of service (lh) (Entered: 04/29/2003)
76 AFFIRMATIVE defenses by defendant Alexander V Bogaerts with proof of service (lh) (Entered: 04/29/2003)
77 TRANSCRIPT order form by counsel for defendant Eckert Wordell regarding appeal notice by Dorchen Martin Assoc, Eckert Wordell, James R. Saule, Gerald Peterson [65−1] requesting transcript(s) of: (already on file) −appeal case # 03−1418 (lh) (Entered: 04/29/2003)
78 SUPPLEMENT by plaintiff USA based on newly discovered evidence to response in opposition by USA [74−1] to motion to modify, stay, dissolve, or suspend enforcement of preliminary injunction pending appeal by Rose defendants [61−1] with attachments "A" and "B" and proof of service (lh) (Entered: 04/30/2003)
79 DISCOVERY plan jointly filed pursuant to Fed. R. Civ. P. 26(f), with proof of service. (PP) (Entered: 05/02/2003)
80 ORDER by Judge Victoria A. Roberts regarding discovery; with proof of service [EOD Date 5/22/03] (kb) (Entered: 05/22/2003)

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05/21/2003 05/21/2003 05/28/2003 05/29/2003
06/10/2003 06/10/2003 06/10/2003 06/10/2003 07/24/2003 09/30/2003 10/08/2003 10/09/2003
10/09/2003

81 ORDER by Judge Victoria A. Roberts, referring all pretrial proceedings to Magistrate Judge Donald A. Scheer with proof of service [EOD Date 5/22/03] (kb) (Entered: 05/22/2003)
82 APPEARANCE for Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney John M. O'Hara (kb) (Entered: 05/22/2003)
83 APPEARANCE for defendants' Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Christopher B. Hanback, with proof of service. (PP) (Entered: 05/29/2003)
84 PRETRIAL scheduling order by Judge Victoria A. Roberts − setting deadline for expert witness list for 11/21/03 , setting deadline for witness list for 12/15/03 , setting deadline for discovery for 3/15/04 , setting deadline for filing motions for 2/15/04 , setting deadline for filing dispositive motions for 5/15/04 , setting settlement conference for 2:00 8/26/04 , setting deadline for final pretrial order for 9/16/04 , setting final pretrial conference for 10:00 10/7/04 , setting civil non−jury trial for 9:00 10/19/04 (PP) (Entered: 05/30/2003)
85 APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Andrew Sandler with proof of service (lh) (Entered: 06/12/2003)
86 APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Alan J. Kriegel with proof of service (lh) Modified on 06/12/2003 (Entered: 06/12/2003)
87 APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Kishka−Kamari M. Ford with proof of service (lh) (Entered: 06/12/2003)
88 APPEARANCE for Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of attorney Jennifer L. Spaziano with proof of service (lh) (Entered: 06/12/2003)
89 APPEARANCE for plaintiff USA of attorney Kevin M. Cremin, J. Michael Wiggins, Steven H. Rosenbaum,Timothy J. Moran, Harvey L. Handley, Ming−Yuen Meyer−Fong, Erin M. Richmond, Jeffrey G. Collins with proof of service (lh) (Entered: 07/25/2003)
90 NOTICE by USA of filing supplemental authority (ew) (Entered: 10/01/2003)
91 NOTICE by plaintiff USA of filing supplemental unpublished authority with attachment and proof of service (lh) (Entered: 10/09/2003)
92 STIPULATED amended scheduling order by Judge Victoria A. Roberts − setting deadline for amended pleadings for 5/15/04 , setting deadline for expert witness list for 5/21/04 , setting deadline for witness list for 6/15/04 , setting deadline for filing discovery motions for 8/15/04 , setting deadline for discovery for 9/15/04 , setting deadline for filing dispositive motions for 11/15/04 and deadline for filing motions in limine to exclude expert testimony by 11/15/04 (lh) Modified on 10/14/2003 (Entered: 10/14/2003)
93 AMENDED scheduling order by Judge Victoria A. Roberts − setting deadline for amended pleadings for 5/15/04 , setting deadline for expert witness list for 5/21/04 , setting deadline for witness list for 6/15/04 , setting deadline for filing discovery motions by 8/15/04 , setting deadline for discovery for 9/15/03 , setting deadline for filing dispositive motions for 11/15/04 and deadline for filing motions in limine

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 22 of 40

10/24/2003 11/06/2003
11/13/2003 11/21/2003 11/25/2003 11/26/2003 12/02/2003 12/02/2003 12/02/2003
12/05/2003 12/11/2003 12/11/2003 12/11/2003 12/15/2003
12/16/2003 12/17/2003 12/22/2003

to exclude expert testimony by 11/15/04 (lh) (Entered: 10/14/2003)
94 AMENDED PRETRIAL scheduling order by Judge Victoria A. Roberts − setting civil jury trial for 9:00 5/15/05 (RH) (Entered: 10/31/2003)
95 MOTION by defendants Edward Rose Sons, Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Green Ridge L P, Huron Dev L P, Occidental Dev Ltd, Occidental Dev Co and Occidental Dev Ltd for bifurcation of liability and damages issues with brief and proof of service (lh) Modified on 12/17/2003 (Entered: 11/10/2003)
96 ORDER by Judge Victoria A. Roberts with stipulation, setting deadline for discovery responses for 11/21/03 [EOD Date: 11/13/03] (lh) (Entered: 11/13/2003)
97 MOTION by plaintiff to compel discovery from Rose defendants with memorandum, exhibits 1−19, and proof of service. (PP) (Entered: 11/24/2003)
98 PROTECTIVE order by Judge Victoria A. Roberts related to financial information of defendant Eckert/Wordell Architects, P.C.[EOD Date: 11/26/03] (PP) (Entered: 11/26/2003)
99 NOTICE by the Court setting hearing on motion to compel discovery from Rose defendants by USA [97−1] for 2:00 1/20/04, motion for bifurcation of liability and damages issues by defendants [95−1] for 2:00 1/20/04 (RH) (Entered: 12/02/2003)
100 PROTECTIVE order by Judge Victoria A. Roberts regarding related to financial information of defendant Dorchen/Martin Associates, Inc. [EOD Date: 12/3/03] (RH) (Entered: 12/03/2003)
101 PROTECTIVE order by Judge Victoria A. Roberts related to financial information of defendant Alexander V. Bogaerts &Associates, P.C. [EOD Date: 12/3/03] (RH) (Entered: 12/03/2003)
102 ORDER by Judge Victoria A. Roberts with stipulation, setting deadline for response to motion for bifurcation of liability and damages issues by defendantss [95−1] for 12/5/03 ; setting deadline for reply to response to motion for bifurcation of liability and damages issues by defendants [95−1] for 12/19/03 ; setting deadline for response to motion to compel discovery from Rose defendants by USA [97−1] for 12/19/04 [EOD Date: 12/5/03] (RH) (Entered: 12/05/2003)
103 RESPONSE by plaintiff to motion for bifurcation of liability and damages issues by defendants [95−1] with proof of service (ew) (Entered: 12/08/2003)
104 NOTICE of filing proposed order (ew) (Entered: 12/12/2003)
105 PROTECTIVE order by Judge Victoria A. Roberts regarding Financial Information [EOD Date: 12/12/03] (ew) (Entered: 12/12/2003)
106 PROTECTIVE order by Judge Victoria A. Roberts regarding tenant information [EOD Date: 12/15/03] (DT) (Entered: 12/15/2003)
107 REPLY memorandum by Edward Rose Sons, Edward Rose Sons Inc, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Dev Co, Edward Rose Realty, Edward Rose Prop Inc, Occidental Dev Co, Occidental Dev Ltd, Huron Dev L P in support of motion for bifurcation of liability and damages issues by defendants [95−1] with attachment "A" and proof of service (lh) Modified on 12/17/2003 (Entered: 12/17/2003)
108 AMENDED notice by court of setting hearing on motion for bifurcation of liability and damages issues by defendants [95−1] and motion to compel discovery from Rose defendants by USA [97−1] for 2:00 2/3/04 (lh) (Entered: 12/17/2003)
109 ORDER by Magistrate Judge Donald A. Scheer granting motion for bifurcation of liability and damages issues by defendants [95−1] with proof of service [EOD Date 12/18/03] (lh) (Entered: 12/18/2003)
110 RESPONSE by Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons to motion to compel discovery from Rose defendants by USA [97−1]

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12/29/2003 12/30/2003 12/31/2003 01/05/2004 01/05/2004 01/08/2004 01/09/2004 01/15/2004
01/15/2004 01/15/2004 01/20/2004 01/22/2004 01/22/2004 01/23/2004 01/26/2004 01/27/2004

with attachments A−K, proof of service (dh) (Entered: 12/23/2003)
111 MOTION by defendant Dorchen Martin Assoc for protective order regarding deposition of Dorchen Martin, Assoc, Inc pursuant to Rule 30(B)(6) with with brief, exhibits A−E, notice of hearing, and proof of service. (PP) (Entered: 12/30/2003)
112 PROOF of service by Rose Company Defendants' Architect and Engineer Invoices, Bates Numbers ROAEAthrough ROSEA(PP) (Entered: 12/30/2003)
113 PROOF of service by defendants' Edward Rose Prop Inc, Edward Rose Realty, Edward Rose Dev Co, Edward Rose Assoc, Edward Rose Assoc, Edward Rose Sons Inc, Edward Rose Sons of Architect and Engineer Invoices, Bates Numbers ROSEAthrough ROSEA(PP) (Entered: 01/05/2004)
114 RESPONSE by USA to motion for protective order regarding deposition of Dorchen Martin, Assoc, Inc pursuant to Rule 30(B)(6) by Dorchen Martin Assoc [111−1] with attachment 1, and proof of service. (PP) (Entered: 01/05/2004)
115 ORDER by Magistrate Judge Donald A. Scheer denying motion for protective order regarding deposition of Dorchen Martin, Assoc, Inc pursuant to Rule 30(B)(6) by Dorchen Martin Assoc [111−1] [EOD Date 1/6/04], with proof of service. (PP) (Entered: 01/06/2004)
117 NOTICE by the Court setting hearing on motion for protective order regarding deposition of Dorchen Martin, Assoc, Inc pursuant to Rule 30(B)(6) by Dorchen Martin Assoc [111−1] for 2:00 2/3/04 (RH) (Entered: 01/09/2004)
118 REPLY by USA to response to motion to compel discovery from Rose defendants by USA [97−1] with exhibits (ew) (Entered: 01/12/2004)
119 MOTION to Bifurcate by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Exhibit 1−2)(LSel, ) (Entered: 01/29/2004)
120 STIPULATION AND ORDER for withdrawal of attorney Andrew Sandler; Jennifer L. Spaziano; Kishka−Kamari M. Ford and Alan J. Kriegel terminated. Signed by Judge Victoria A Roberts. (LSel, ) (Entered: 01/29/2004)
122 SUPPLEMENTAL re 118 Reply to Response to Motion to compel discovery filed by United States of America. (Attachments: # 1 Exhibit 1−6)(LSel, ) (Entered: 01/31/2004)
121 CERTIFICATE OF SERVICE re 120 Stipulation and Order for withdraw of counsel (LSel, ) (Entered: 01/29/2004)
123 NOTICE of Hearing on Motion 119 MOTION to Bifurcate: Motion Hearing set for 2/3/2004 02:00 PM before Honorable Donald A Scheer. (LSel, ) (Entered: 02/05/2004)
124 RESPONSE to 116 Motion for Protective Order filed by United States of America. (Attachments: # 1 Exhibit A−E)(LSel, ) (Entered: 02/05/2004)
125 RESPONSE by Rose defendants to plaintiffs "supplement based on newly discovered evidence" (Attachments: # 1 Exhibit A−H# 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation # 6 Document Continuation)(LSel, ) (Entered: 02/05/2004)
127 MOTION for limited intervention to protect nonparty personal and confidential information by Verleen Darnell. (Attachments: # 1 Exhibit A−F# 2 Document Continuation # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(LSel, ) (Entered: 02/18/2004)
128 NOTICE of hearing on 127 MOTION for limited intervention to protect nonparty tenants personal and confidential information. Motion Hearing set for 2/3/2004 02:00 PM before Magistrate Judge Donald Scheer (LSel, ) (Entered: 02/18/2004)

Case: 2:02-cv-73518 As of: 09/28/2011 12:41 AM EDT 24 of 40

01/30/2004 01/30/2004
01/30/2004
02/02/2004 02/02/2004 02/03/2004 02/03/2004 02/03/2004 02/03/2004
02/04/2004 02/09/2004 02/09/2004 02/10/2004 02/10/2004 02/10/2004 02/12/2004 02/18/2004
02/19/2004

126 RESPONSE to 95 Motion to Bifurcate, filed by United States of America. (Attachments: # 1 Exhibit A)(LSel, ) (Entered: 02/17/2004)
129 RESPONSE to 127 Motion for limited intervention filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit A)(LSel, ) (Entered: 02/18/2004)
130 REPLY to Response re 116 Motion for Protective Order filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit H−K)(LSel, ) (Entered: 02/18/2004)
131 CERTIFICATE OF SERVICE by Rose defendants re 129 Response to Motion,, 130 Reply to Response to Motion,. (LSel, ) (Entered: 02/18/2004)
132 SUPPLEMENTAL to exhibit B re 127 MOTION for limited intervention to protect nonparty tenants filed by Verleen Darnell. (Attachments: # 1 Exhibit 1# 2 Document Continuation)(LSel, ) (Entered: 02/18/2004)
133 REPLY to Response re 119 and in support of MOTION to Bifurcate filed by Rose Defendants(LSel, ) (Entered: 02/18/2004)
134 CERTIFICATE OF SERVICE of supplement to modification documents Bates label numbers by Rose Defemdamts (LSel, ) (Entered: 02/18/2004)
135 RESPONSE to 127 Motion for limited intervention to protect personal information filed by United States of America. (Attachments: # 1 Exhibit 1−11# 2 Document Continuation)(LSel, ) (Entered: 02/18/2004)
Minute Entry:Motion Hearing held on 2/3/2004 re 127 MOTION for limited intervention to protect filed by Verleen Darnell before Honorable Donald A Scheer. Disposition: GRANTED IN PART (Tape #DAS−04−010) (VSim, ) (Entered: 02/18/2004)
136 ORDER denying 116 Motion for Protective Order . Signed by Judge Donald A Scheer. (LSel, ) (Entered: 02/18/2004)
138 TRANSCRIPT of Proceedings held on 2/03/2004 of Ruling of the Court on Tenants' Motion to Intervene and Government's Motion to Compel Discovery. (NHoll, ) (DWor). (Entered: 02/26/2004)
139 CERTIFICATE OF SERVICE by Rose Defendants of discovery information. (LSel, ) (Entered: 03/02/2004)
140 ORDER granting 127 Motion for limited intervention . Signed by Judge Donald A Scheer. (LSel, ) (Entered: 03/02/2004)
141 ORDER regarding discovey of financial information during liability phase and granting in part and denying in part 97 Motion to Compel 119 and Motion to Bifurcate . Signed by Judge Donald A Scheer. (LSel, ) (Entered: 03/02/2004)
142 AMENDED PROTECTIVE ORDER related to tenant information. Signed by Judge Donald A Scheer. (LSel, ) (Entered: 03/02/2004)
137 TRANSCRIPT of Proceedings held on 2/3/2004 of motion hearing. (LSel, ) (Additional attachment(s) added on 3/5/2010: # 1 Document Continuation, # 2 Document Continuation) (DWor). (Entered: 02/24/2004)
143 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (BThe, ) (Entered: 03/04/2004)
144 OBJECTION to 136 Order on Motion for Protective Order by Rose defendants. (Attachments: # 1 Exhibit A−K# 2 Document Continuation # 3 # 4 # 5 (LSel, ) (Entered: 03/06/2004)

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02/23/2004
02/24/2004 02/24/2004 02/24/2004
02/25/2004 02/26/2004 02/27/2004 03/01/2004 03/02/2004
03/05/2004
03/05/2004 03/08/2004 03/09/2004

146 MOTION to Compel Discovery by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit A−E# 2 Document Continuation # 3 Document Continuation)(NHoll, ) (Entered: 03/09/2004)
145 NOTICE of Attorney Appearance of Sean R. Keveney by United States of America. (NHoll, ) (Entered: 03/08/2004)
147 RESPONSE to 144 Objections to Order by United States of America. (Attachments: # 1 Exhibit A−B)(NHoll, ). (Entered: 03/10/2004)
148 OBJECTION to 136 Order on Motion for Protective Order, 142 Amended Protective Order by Verleen Darnell. (Attachments: # 1 Exhibit 1−10# 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation # 6 Document Continuation # 7 Document Continuation # 8 Document Continuation # 9 Document Continuation # 10 Document Continuation # 11 Document Continuation # 12 Document Continuation)(NHoll, ) (Entered: 03/10/2004)
149 BRIEF in Support re 74 Response to Motion filed by United States of America. (Attachments: # 1 Exhibit A−D)(NHoll, ) (Entered: 03/10/2004)
151 ORDER re 144 Objection filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated. Signed by Judge Victoria A Roberts. (JBro, ) (Entered: 03/16/2004)
150 MOTION for Protective Order by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit 1−12# 2 Document Continuation)(NHoll, ) (Entered: 03/10/2004)
153 RESPONSE to 150 Motion for Protective Order filed by United States of America. (Attachments: # 1 Exhibit A−H)(NHoll, ) (Entered: 03/18/2004)
Minute Entry −Motion Hearing held on 3/2/2004 re 116 Motion for Protective Order filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated before Honorable Donald A Scheer. Disposition: GRANTED (Tape #04−022) (VSim, ) (Entered: 03/05/2004)
154 MOTION to Compel and MOTION for Sanctions by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit 1−9# 2 Document Continuation)(NHoll, ) (Entered: 03/25/2004)
156 PROTECTIVE ORDER regarding Resident Manager Depositions. Signed by Magistrate Judge Donald A Scheer. (NHoll, ) Additional attachment(s) added on 3/29/2004 (NHoll, ). (Entered: 03/29/2004)
159 NOTICE of hearing on 154 MOTION to Compel MOTION for Sanctions MOTION for Sanctions. Motion Hearing set for 4/8/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 03/31/2004)
Minute Entry −Motions terminated: 61 Motion to Amend/Correct filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated. before Honorable Victoria A Roberts Disposition: DENIED (CPin, ) (Entered: 03/09/2004)

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03/09/2004
03/12/2004 03/12/2004
03/17/2004 03/17/2004 03/18/2004 03/22/2004 03/23/2004 03/26/2004 03/29/2004 04/01/2004
04/02/2004 04/05/2004 04/08/2004
04/15/2004 04/19/2004 04/20/2004

155 ORDER re 61 Motion to Modify, Stay, Dissolve or Suspend Enforcement filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated. Signed by Judge Victoria A Roberts. (NHoll, ) (Entered: 03/29/2004)
157 RESPONSE to 148 Objections by United States of America. (Attachments: # 1 Exhibit 1)(NHoll, ) (Entered: 03/30/2004)
158 BRIEF in Support re 144 Objection filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated. (Attachments: # 1 Exhibit A−H# 2 Document Continuation)(NHoll, ) (Entered: 03/30/2004)
160 CERTIFICATE OF SERVICE of Financial Disclosures. (NHoll, ) (Entered: 04/01/2004)
161 RESPONSE to 146 Motion to Compel Discovery filed by United States of America. (NHoll, ) (Entered: 04/01/2004)
152 NOTICE of hearing on 146 MOTION to Compel. Motion Hearing set for 4/8/2004 02:00 PM before Honorable Donald A. Scheer. (VSim, ) Modified on 3/18/2004 (VSim, ). (Entered: 03/18/2004)
162 RESPONSE to 154 Motion to compel filed by United States of America. (DPer, ) (Entered: 04/09/2004)
164 TRANSCRIPT of proceedings held on March 2, 2004 of motion hearing. (DPer, ) (DWor). (Entered: 04/09/2004)
165 SUPPLEMETNAL DECLARATIONS by Candi Marie Roberson, Mark Welch, Jeffrey Graham, Ronda K. Didier, and Kelly Mallord in support of response brief 158 filed by Rose defendants.(DPer, ) (Entered: 04/13/2004)
166 REPLY to response to 146 Motion to compel discovery by Rose defendants; with attachments A−B. (DPer, ) (Entered: 04/13/2004)
167 MOTION for protective order by United States of America; with exhibits A−F. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation)(DPer, ) (Entered: 04/16/2004)
168 REPLY to response to 154 Motion to compel and for sanctions filed by Rose defendants; with attachments A−B.. (DPer, ) (Entered: 04/16/2004)
163 NOTICE OF HEARING: Plaintiff's Motion for Protective Order, filed 4/1/04− Hearing set for 5/13/04 at 2:00 p.m, before Magistrate Judge Donald A. Scheer (VSim, ) (Entered: 04/09/2004)
Minute Entry −Motion Hearing held on 4/8/2004 re 154 MOTION to Compel MOTION for Sanctions MOTION for Sanctions filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated before Honorable Donald A Scheer. Disposition: GRANTED &DENIED IN PART (Tape #04−036 &037 &038) (VSim, ) (Entered: 04/13/2004)
169 CERTIFICATE OF SERVICE of proposed order compelling discovery. (DPer, ) (Entered: 04/24/2004)
170 ORDER granting in part and denying in part Motions to compel discovery 146 and 154 . Signed by Magistrate Judge Donald A Scheer. (DPer, ) (Entered: 04/26/2004)
171 TRANSCRIPT of proceedings held on 4/08/04 of motion to compel discovery. (DPer, ) (Additional attachment(s) added on 3/5/2010: # 1 Document Continuation, # 2 Document Continuation) (DWor). (Entered: 04/26/2004)

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04/20/2004 04/21/2004 04/29/2004 05/07/2004
05/07/2004
05/07/2004
05/07/2004
05/10/2004 05/11/2004 05/11/2004 05/13/2004 05/17/2004 05/17/2004
05/20/2004

172 STIPULATION AND ORDER holding in abeyance 167 Motion for protective order. Signed by Magistrate Judge Donald A Scheer. (DPer, ) (Entered: 04/27/2004)
173 CERTIFICATE OF SERVICE of 170 Order compelling discovery. (DPer, ) (Entered: 04/27/2004)
174 OBJECTIONS to 170 Order by United States of America ; with attachments 1−3. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation)(DPer, ) (Entered: 05/04/2004)
175 MOTION to expedite decision and to modify scheduling order's expert opinion report disclosure provisions by by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, and Edward Rose and Sons, Incorporated. (DPer, ) (Entered: 05/11/2004)
176 BRIEF in support of 175 Motion to expedite decision and to modify scheduling order's expert opinion report disclosure provisions filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, and Edward Rose and Sons, Incorporated; with attachments A−K. (Attachments: # 1 Document Continuation # 2 Document Continuation)(DPer, ) (Entered: 05/11/2004)
177 CONTROLLING AUTHORITIES in support of 176 Brief by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated and Edward Rose Properties, Incorporated; with attachments 1−5.(DPer, ) (Entered: 05/11/2004)
178 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons and Edward Rose and Sons, Incorporated of documents 175 , 176 and 177 .(DPer, ) (Entered: 05/11/2004)
179 NOTICE of concurrence by Alexander V. Bogaerts and Associates, P. C., Dorchen/Martin Associates, Incorported, Eckert/Wordell Architects, P. C., Gerald Peterson, James R. Saule re 175 MOTION to Expedite MOTION MOTION (CMul, ) (Entered: 05/12/2004)
180 ORDER RE: 167 Motion for Protective Order− Signed by JudgeVictoria A Roberts (MOre, ) (Entered: 05/13/2004)
181 NOTICE of hearing on 175 MOTION to Expedite MOTION MOTION. Motion Hearing set for 6/17/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 05/14/2004)
182 ORDER granting 175 Motion to modify scheduling order− Signed by Judge Victoria A Roberts. (DPer, ) (Entered: 05/17/2004)
183 (STRICKEN PER ORDER ON 5/26/04) MOTION for Leave to File Second Amended Complaint by United States of America. (LHack, ) Additional attachment(s) added on 7/23/2004 (ATee, ). Modified on 7/23/2004 (ATee, ). (Entered: 05/19/2004)
184 ANSWER to 174 Objections by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, and Edward Rose and Sons, Incorporated; with exhibits A−K. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation)(DPer, ) (Entered: 05/20/2004)
185 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward

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05/25/2004 05/26/2004 05/27/2004 05/28/2004 06/02/2004 06/02/2004 06/15/2004 06/15/2004 06/15/2004 06/16/2004 06/21/2004 06/21/2004 06/23/2004 06/24/2004 06/28/2004 06/29/2004 06/29/2004
07/07/2004

Rose and Sons and Edward Rose and Sons, Incorporated of supplement to their responses regarding modifications for properties managed at their Indianapolis Office. (DPer, ) (Entered: 05/21/2004)
186 NOTICE of hearing on 183 MOTION to Amend/Correct. Motion Hearing set for 6/24/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 05/25/2004)
187 ORDER striking 183 Motion for leave to file second amended complaint.Signed by Honorable Victoria A Roberts (DPer, ) (Entered: 05/28/2004)
188 REPLY to 184 Answer to objections by United States of America; with exhibits A−F. (Attachments: # 1 Document Continuation # 2 Document Continuation)(DPer, ) (Entered: 05/28/2004)
189 STIPULATION AND ORDER modifying scheduling order's expert and expert report disclosure deadline. Signed by Magistrate Judge Donald A Scheer. (DPer, ) (Entered: 06/02/2004)
190 CORRECTED memorandum of law in support of Motion for leave to file second amended complaint filed by United States of America. (DPer, ) (Entered: 06/03/2004)
191 CERTIFICATE OF SERVICE of 189 Stipulation and order. (DPer, ) (Entered: 06/03/2004)
192 WITNESS LIST by United States of America (Levy, Judith) (Entered: 06/15/2004)
193 WITNESS LIST by Alexander V. Bogaerts and Associates, P. C. and Dorchen/Martin Associates, Incorported.(DPer, ) (Entered: 06/16/2004)
194 WITNESS LIST by Rose defendants.(DPer, ) (Entered: 06/16/2004)
195 WITNESS LIST by Eckert/Wordell Architects, P. C. (DPer, ) (Entered: 06/17/2004)
196 RESPONSE to Motion for leave to file second amended complaint filed by Rose defendants. (DPer, ) (Entered: 06/22/2004)
197 WITNESS LIST by Gerald Peterson and James R. Saule.(DPer, ) (Entered: 06/22/2004)
198 REPLY to Response re MOTION to Amend/Correct filed by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit Kitchen dep# 3 Exhibit Pleune dep)(Levy, Judith) (Entered: 06/23/2004)
Minute Entry −Motion Hearing held on 6/24/2004 re MOTION to Amend/Correct filed by United States of America before Honorable Donald A Scheer. Disposition: GRANTED (Tape #04−083) (VSim, ) (Entered: 06/24/2004)
199 NOTICE of expert witness report by Gerald Peterson and James R. Saule. (DPer, ) (Entered: 06/29/2004)
200 ORDER granting plaintiff's Motion for leave to file second amended complaint. Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 06/30/2004)
210 SECOND AMENDED COMPLAINT filed by United States of America against SSOE, Incorporated, Manifold Services, Incorporated, Personnel Management, Incorporated, Alexander V. Bogaerts and Associates, P. C., Dorchen/Martin Associates, Incorported, Eckert/Wordell Architects, P. C., Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited, Gerald Peterson, James R. Saule.(DPer, ) (Entered: 07/22/2004)
201 MOTION to Strike Plaintiff's Witness List or, In the Alternative, to Compel Immediate Supplementation of Plaintiff's Responses to Interrogatories 1, 2, 8, and

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07/12/2004 07/14/2004
07/16/2004
07/16/2004
07/19/2004 07/21/2004 07/21/2004 07/21/2004

9 by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N)(Baker, Frederick) (Entered: 07/07/2004)
202 TRANSCRIPT of motion hearing held on 06/24/04. (DPer, ) (DWor). (Entered: 07/13/2004)
203 MOTION TO EXTEND Time To Disclose Expert Reports by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K)(Baker, Frederick) (Entered: 07/14/2004)
204 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited re 203 MOTION TO EXTEND Time To Disclose Expert Reports certifying that copies were served of exhibits to the Follow Up Report of Alison Vredenburgh, Exhibit C. (Baker, Frederick) (Entered: 07/16/2004)
205 MOTION to Set Aside Magistrate Judge's Order Dated June 30, 2004 by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Brown, Angela) (Entered: 07/16/2004)
206 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited Notices of Taking Depositions Duces Tecum and Subpoenas Decues Tecum. (Baker, Frederick) (Entered: 07/19/2004)
207 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Occidental Development Company, L. L. C., Occidental Development Limited Amended as to Notices of Taking Depositions Duces Tecum and Subpoenas Duces Tecum. (Baker, Frederick) (Entered: 07/21/2004)
208 NOTICE of hearing on 201 MOTION to Strike Plaintiff's Witness List or, In the Alternative, to Compel Immediate Supplementation of Plaintiff's Responses to Interrogatories 1, 2, 8, and 9. Motion Hearing set for 8/19/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 07/22/2004)
209 NOTICE of hearing on 203 MOTION TO EXTEND Time To Disclose Expert Reports. Motion Hearing set for 8/19/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 07/22/2004)

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07/26/2004
07/28/2004 07/29/2004
07/29/2004
08/02/2004 08/02/2004 08/03/2004 08/04/2004 08/04/2004 08/05/2004
08/05/2004 08/06/2004

211 RESPONSE to 201 Motion to Strike,,, Plaintiff's Witness List filed by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit Amended Response to Plaintiff's First Set Of Interrogatories# 3 Exhibit Plaintiff's 1/10/03 First Set of Interrogatories# 4 Exhibit Plaintiff's 1/10/03 First Set of Requests for Production of Documents# 5 Exhibit Magistrate Scheer's Order# 6 Exhibit Correspondence from Fredrick Baker to Timothy Moran# 7 Exhibit Plaintiff's Supplemental Responses to Defendant's First Set of Interrogatories)(McCullough, Regina) (Entered: 07/26/2004)
212 ANSWER to second amended complaint by Eckert/Wordell Architects, P. C..(DPer, ) (Entered: 07/29/2004)
213 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated Notices of Taking Depositions Duces Tecum and Subpoenas Duces Tecum and Amended Notices of Taking Depositions Duces Tecum and Subpoenas Duces Tecum. (Baker, Frederick) (Entered: 07/29/2004)
214 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated Amended Notices of Taking Depositions Duces Tecum and Subpoenas Duces Tecum. (Baker, Frederick) (Entered: 07/29/2004)
215 ANSWER to second amended complaint by Dorchen/Martin Associates, Incorported; with affirmative defenses.(DPer, ) (Entered: 08/04/2004)
216 ANSWER to amended complaint by Alexander V. Bogaerts and Associates, P. C.; with affirmative defenses.(DPer, ) (Entered: 08/04/2004)
218 RESPONSE to 203 Motion to extend time to disclose expert reports filed by United States of America; with exhibits 1−5. (Attachments: # 1 Document Continuation)(DPer, ) (Entered: 08/05/2004)
217 RESPONSE to 205 Motion to Set Aside,, filed by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D)(Levy, Judith) (Entered: 08/04/2004)
221 SEALED MATTER. (DPer, ) (Entered: 08/06/2004)
219 REPLY to Response re 201 MOTION to Strike Plaintiff's Witness List or, In the Alternative, to Compel Immediate Supplementation of Plaintiff's Responses to Interrogatories 1, 2, 8, and 9 and POS filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P.. (Attachments: # 1 Index of Exhibits # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit)(Andrews, Ann) (Entered: 08/05/2004)
220 ANSWER to second amended complaint with affirmative defenses by Gerald Peterson and James R. Saule.(DPer, ) (Entered: 08/06/2004)
222 STIPULATION To Extend Discovery Deadline by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited (Baker, Frederick) (Entered: 08/06/2004)

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08/09/2004 08/12/2004 08/12/2004 08/13/2004 08/16/2004 08/16/2004 08/16/2004
08/16/2004

223 MOTION Determine Sufficiency of Answers to Fourth Requests for Admission Brief In Support and Proof of Service by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Index of Exhibits Index of Exhibits)(Andrews, Ann) (Entered: 08/09/2004)
224 NOTICE of hearing on 223 MOTION Determine Sufficiency of Answers to Fourth Requests for Admission Brief In Support and Proof of Service. Motion Hearing set for 8/31/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 08/13/2004)
AMENDED NOTICE OF HEARING Minute Entry −Set Motion and RRDeadlines/Hearings as to 201 MOTION to Strike Plaintiff's Witness List or, In the Alternative, to Compel Immediate Supplementation of Plaintiff's Responses to Interrogatories 1, 2, 8, and 9, 203 MOTION TO EXTEND Time To Disclose Expert Reports: before Honorable Donald A Scheer. Motion Hearing set for 8/31/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 08/17/2004)
225 REPLY to Response re 203 MOTION TO EXTEND Time To Disclose Expert Reports filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit L# 3 Exhibit M# 4 Exhibit N# 5 Exhibit O# 6 Exhibit P)(Baker, Frederick) (Entered: 08/13/2004)
226 REPLY to Response re 205 MOTION to Set Aside Magistrate Judge's Order Dated June 30, 2004 Reply Brief In Support of Objections to Magistrate Scheer's Order filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Manifold Services, Incorporated, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Brown, Angela) (Entered: 08/16/2004)
227 MOTION to Compel Answers to Discovery and for Sanctions, Brief in Support, and Proof of Service by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P.. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E)(Andrews, Ann) (Entered: 08/16/2004)
228 MOTION to Compel Documents Identified on Plaintiff's Privilege Logs and Supplemental HUD Documents by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Manifold Services, Incorporated, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits # 2 Exhibit 2# 3 Exhibit 1# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15)(Brown, Angela) (Entered: 08/16/2004)
229 Renewed MOTION to Compel Discovery and for Sanctions, Brief in Support and Proof of Service by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P.. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit Exhibit

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08/17/2004
08/20/2004
08/20/2004 08/24/2004 08/24/2004 08/24/2004 08/24/2004 08/27/2004
08/27/2004 08/30/2004 08/30/2004 08/30/2004 08/31/2004

A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit J# 12 Exhibit Exhibit K# 13 Exhibit Exhibit L# 14 Exhibit Exhibit M# 15 Exhibit Exhibit N# 16 Exhibit Exhibit O)(Baker, Frederick) (Entered: 08/16/2004)
230 STIPULATION for Disclosure of Tenant Identities by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P. (Baker, Frederick) (Entered: 08/17/2004)
231 NOTICE of hearing on 229 Renewed MOTION to Compel Discovery and for Sanctions, Brief in Support and Proof of Service, 227 MOTION to Compel Answers to Discovery and for Sanctions, Brief in Support, and Proof of Service, 228 MOTION to Compel Documents Identified on Plaintiff's Privilege Logs and Supplemental HUD Documents. Motion Hearing set for 9/21/2004 02:00 PM before Honorable Donald A Scheer. (VSim, ) (Entered: 08/23/2004)
232 ORDER for disclosure of tenant identities. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 08/24/2004)
233 STIPULATION to Extend Time to Respond by United States of America. (Levy, Judith) (Entered: 08/24/2004)
234 STIPULATION Withdrawal for filing by United States of America. (Levy, Judith) (Entered: 08/24/2004)
235 ORDER to extend discovery deadline. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 08/25/2004)
236 CERTIFICATE OF SERVICE by Rose defendants of supplemental expert report disclosure. (DPer, ) (Entered: 08/25/2004)
237 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited re 232 Order Rose Defendants' Disclosure of Tenant Identities Pursuant to the August 20, 2004 Stipulated Order For Disclosure of Tenant Identities. (Baker, Frederick) (Entered: 08/27/2004)
242 ORDER re 234 Stipulation filed by United States of America., Attorney Kevin M. Cremin terminated. Signed by Honorable Victoria A Roberts. (KGeha, ) (Entered: 09/01/2004)
238 STIPULATION Regarding In Camera Review by United States of America. (Levy, Judith) (Entered: 08/30/2004)
239 CERTIFICATE OF SERVICE by United States of America re 238 Stipulation. (Levy, Judith) (Entered: 08/30/2004)
240 MEMORANDUM in Response to Rose Defendants' Motion For In Camera Inspection To Determine Privilege and For Immediate Correction Or Modification Of The Record by United States of America. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Gaeta, Joseph) (Entered: 08/30/2004)
Minute Entry −Motion Hearing held on 8/31/2004 re 201 MOTION to Strike Plaintiff's Witness List or, In the Alternative, to Compel Immediate Supplementation of Plaintiff's Responses to Interrogatories 1, 2, 8, and 9 filed by Occidental Development Limited, Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Occidental Development Company, L. L. C., Huron Development, L. P., Green Ridge, L. P.,

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08/31/2004 08/31/2004 09/01/2004 09/01/2004 09/01/2004 09/02/2004 09/02/2004 09/02/2004 09/10/2004 09/13/2004
09/13/2004 09/14/2004

203 MOTION TO EXTEND Time To Disclose Expert Reports filed by Occidental Development Limited, Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Occidental Development Company, L. L. C., Huron Development, L. P., Green Ridge, L. P., 223 MOTION Determine Sufficiency of Answers to Fourth Requests for Admission Brief In Support and Proof of Service filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Huron Development, L. P., Green Ridge, L. P. before Honorable Donald A Scheer. Disposition: PARTIES TO FILE STIPULATION AND ORDER #203 GRANTED (Tape #04−110) (SJef, ) (Entered: 08/31/2004)
241 APPEAL JUDGMENT from USCA as to Notices of Appeal 50 and 65 − affirmed. [Appeal Case Number 03−1316, 03−1418] (LBeh, ) (Entered: 09/01/2004)
243 ORDER granting 203 Motion for Extension of Time to Disclose Expert Reports. Serve Plaintiff and Parties on or before 8/20/04− Signed by Honorable Donald A Scheer. (LHack, ) (Entered: 09/02/2004)
247 ORDER deeming withdrawn 223 Motion to determine sufficiency of the answers to Rose Defendants' fourth set of requests for admission.Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 09/07/2004)
248 PROTECTIVE ORDER regarding United States' response to Rose defendants' motion, under seal, for in camera inspection to determine privilege and for immediate correction or modification of the record. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 09/07/2004)
249 ORDER re−setting dispositive motion deadline for 12/15/2004 and setting status conference for 11/5/2004 at 3:00 PM before Honorable Victoria A Roberts. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 09/07/2004)
244 RESPONSE to 228 MOTION to Compel Documents Identified on Plaintiff's Privilege Logs and Supplemental HUD Documents filed by United States of America. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9)(Gaeta, Joseph) (Entered: 09/02/2004)
245 RESPONSE to 229 Renewed MOTION to Compel Discovery and for Sanctions, Brief in Support and Proof of Service filed by United States of America. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Gaeta, Joseph) (Entered: 09/02/2004)
246 RESPONSE to 227 MOTION to Compel Answers to Discovery and for Sanctions, Brief in Support, and Proof of Service filed by United States of America. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Gaeta, Joseph) (Entered: 09/02/2004)
250 NOTICE of Appearance by Joseph R. Gaeta on behalf of United States of America. (Gaeta, Joseph) (Entered: 09/10/2004)
251 ANSWER Reply Brief to Response to Motion for In Camera Inspection by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit Exhibit A)(Smith, Brigham) (Entered: 09/13/2004)
252 CERTIFICATE OF SERVICE of stipulated order resolving defendants' motion to strike plaintiff's June 15, 2004 witness list or to compel supplementation. (DPer, ) (Entered: 09/14/2004)
253 REPLY to Response re 229 Renewed MOTION to Compel Discovery and for Sanctions, Brief in Support and Proof of Service filed by Edward Rose Association,

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09/15/2004 09/15/2004 09/15/2004 09/15/2004 09/15/2004 09/16/2004

Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit O# 3 Exhibit P# 4 Exhibit Q# 5 Exhibit R# 6 Exhibit S# 7 Exhibit T# 8 Exhibit U# 9 Exhibit V)(Baker, Frederick) (Entered: 09/14/2004)
254 BRIEF in Support re 227 MOTION to Compel Answers to Discovery and for Sanctions, Brief in Support, and Proof of Service filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated. (Brown, Angela) (Entered: 09/15/2004)
255 BRIEF in Support re 228 MOTION to Compel Documents Identified on Plaintiff's Privilege Logs and Supplemental HUD Documents filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A)(Brown, Angela) (Entered: 09/15/2004)
256 (ERROR: Wrong Image, See document 258) MOTION to Expedite Hearing And To File A Discovery Motion Out Of Time by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Andrews, Ann) Modified on 9/16/2004 (CMul, ). (Entered: 09/15/2004)
257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Andrews, Ann) (Entered: 09/15/2004)
258 MOTION to Expedite Hearing And To File A Discovery Motion Out Of Time by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Andrews, Ann) (Entered: 09/15/2004)
259 (ERROR: Duplicate filing, See document 258) MOTION to Expedite Hearing And To File A Discovery Motion Out Of Time by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited.

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09/17/2004
09/20/2004
09/20/2004 09/20/2004 09/21/2004 09/21/2004 09/22/2004 09/30/2004
10/01/2004 10/05/2004 10/06/2004

(Andrews, Ann) Modified on 9/16/2004 (CMul, ). (Entered: 09/16/2004)
260 RESPONSE to 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties filed by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10)(Richmond, Erin) (Entered: 09/17/2004)
261 REPLY to Response re 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties and in Opposition to the Government's Motion for A Protective Order filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B)(Baker, Frederick) (Entered: 09/20/2004)
262 TRANSCRIPT of motion hearing held on 08/31/04. (DPer, ) (DWor). (Entered: 09/21/2004)
263 ORDER prohibiting parties from filing further motions without authorization from the Court. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 09/21/2004)
264 REPLY to Response re 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties filed by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit A# 3 Exhibit Exhibit B)(Levy, Judith) (Entered: 09/21/2004)
266 ORDER with stipulation resolving 201 Motion to strike plaintiff's June 15, 2004 witness list or to compel supplementation.Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 09/23/2004)
265 RESPONSE to 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties filed by United States of America. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Meyer−Fong, Ming−Yuen) (Entered: 09/22/2004)
267 REPLY to Response re 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties and Response Brief In Opposition To The Government's Cross−Motion For A Protective Order filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Andrews, Ann) (Entered: 09/30/2004)
268 TRANSCRIPT of motion hearings held on 09/21/04. (DPer, ) (Additional attachment(s) added on 3/5/2010: # 1 Document Continuation, # 2 Document Continuation) (DWor). (Entered: 10/04/2004)
269 STATEMENT of Certification by United States of America.(Gaeta, Joseph) (Entered: 10/05/2004)
Minute Entry −Motion Hearing held on 10/6/2004 re 229 Renewed MOTION to Compel Discovery and for Sanctions, Brief in Support and Proof of Service filed by Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Huron Development, L. P., Green Ridge, L. P.,DENIED 227 MOTION to Compel Answers to Discovery and for Sanctions, Brief in Support, and Proof of Service filed by Edward Rose Association, Incorporated,

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10/06/2004
10/08/2004 10/08/2004 10/13/2004
10/13/2004 10/18/2004
10/18/2004

Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Huron Development, L. P., Green Ridge, L. P., DENIED AND GRANTED IN PART 257 MOTION to Compel Plaintiff To Produce Witnesses For Deposition And To Restrain Plaintiff From Interfering Depositions Of Third Parties filed by Occidental Development Limited, Edward Rose Association, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Occidental Development Company, L. L. C., Huron Development, L. P., Green Ridge, L. P., Manifold Services, Incorporated, GRANTED 228 MOTION to Compel Documents Identified on Plaintiff's Privilege Logs and Supplemental HUD Documents filed by Edward Rose Association, Incorporated, Personnel Management, Incorporated, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated, Manifold Services, Incorporated before Honorable Donald A Scheer. Disposition: Priviledge Logs will be Amended (Tape #04−122−A (VSim, ) (Entered: 10/06/2004)
270 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited Proposed Orders For Rose Defendants' Motion For In Camera Inspection To Determine Privilege and For Immediate Correction Of The Record, and Rose Defendants' Renewed Motion to Compel Discovery. (Baker, Frederick) (Entered: 10/06/2004)
271 ORDER granting in part and denying in part 229 Renewed motion to compel discovery. Motion for sanctions is denied.Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 10/12/2004)
272 ORDER granting in part and denying in part Motion for in camera inspection to determine privilege and for immediate correction of the record. Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 10/12/2004)
273 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited Proposed Order For Rose Defendants' Motion to Compel Relating to Harvey Handley. (Baker, Frederick) (Entered: 10/13/2004)
274 ORDER granting 257 Motion to compel plaintiff to produce witnesses for deposition and to restrain plaintiff from interfering depositions of third parties.Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 10/14/2004)
275 STIPULATION Regarding Marcy Trice by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited.(Baker, Frederick) (Entered: 10/18/2004)
276 CERTIFICATE OF SERVICE by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited re 275 Stipulation, Proposed Order Regarding Marcy Trice. (Baker, Frederick) (Entered: 10/18/2004)

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10/18/2004 10/19/2004 10/21/2004 10/26/2004 10/28/2004 11/01/2004 11/05/2004 11/08/2004
11/08/2004
11/09/2004 11/12/2004
11/12/2004 11/12/2004 11/12/2004 11/12/2004

277 ORDER granting in part 257 Motion to compel relating to Harvey Handley by Rose Defendants. Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 10/20/2004)
278 ORDER granting in part and denying in part 228 Motion to compel documents identified on plaintiff's privilege log and supplemental HUD documents. Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 10/20/2004)
279 STIPULATION AND ORDER regarding Marcy Trice. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 10/22/2004)
280 APPEAL OF MAGISTRATE JUDGE DECISION by United States of America re 272 Order. (Attachments: # 1 Index of Exhibits # 2 Exhibit Supplemental Exhibit A# 3 Exhibit Supplemental Exhibit B# 4 Exhibit Supplemental Exhibit C# 5 Exhibit Supplemental Exhibit D)(Gaeta, Joseph) (Entered: 10/26/2004)
281 APPEAL OF MAGISTRATE JUDGE DECISION by United States of America re 274 Order on Motion to Compel. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Gaeta, Joseph) (Entered: 10/28/2004)
282 ORDER granting in part and denying in part 227 Motion to compel answers to the Rose Defendants' discovery requests and for sanctions. Signed by Honorable Donald A Scheer. (DPer, ) (Entered: 11/02/2004)
Minute Entry −Status Conference held on 11/5/2004 before Honorable Victoria A Roberts. (CPin, ) (Entered: 11/05/2004)
283 ORDER SETTING DATES: In Person Status Conference set for 12/15/2004 10:00 AM before Honorable Victoria A Roberts; telephone status conf set for 1/5/05 at 4:00 PM; Dispositive Motion and Daubert Motion Cut−off extended to 1/14/2005 Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(CPin, ) (Entered: 11/08/2004)
284 APPEAL OF MAGISTRATE JUDGE DECISION by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated re 278 Order on Motion to Compel. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 6A# 9 Exhibit 6B# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14)(Brown, Angela) (Entered: 11/08/2004)
285 NOTICE of Disclosure of Expert with Report, by Dorchen/Martin Associates, Incorported, Eckert/Wordell Architects, P. C. and Alexander V. Bogaerts &Associates, P.C. (Cataldo, Sheri) (Entered: 11/09/2004)
286 RESPONSE to 280 Objections to and appeal of Magistrate Judge's 10/08/04 order regarding motion for in camera inspection to determine privilege by Rose Defendants; with exhibits A−S. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation)(DPer, ) (Entered: 11/15/2004)
287 EXHIBIT A in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
288 EXHIBIT I in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
289 EXHIBIT L in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
290 EXHIBIT N in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)

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11/12/2004 11/12/2004 11/12/2004 11/15/2004
11/16/2004 11/19/2004
11/19/2004
11/22/2004 11/22/2004 11/22/2004 12/02/2004 12/06/2004 12/06/2004 12/06/2004

291 EXHIBIT O in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
292 EXHIBIT P in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
293 EXHIBIT O in support of 286 Response by Rose Defendants. (filed under seal)(DPer, ) (Entered: 11/15/2004)
294 BRIEF in Support re 281 Appeal of Magistrate Judge Decision, Rose Defendants' Brief In Opposition To The U.S.A. filed by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Andrews, Ann) (Entered: 11/15/2004)
295 TRANSCRIPT of motion hearing held on 10/06/04. (DPer, ) (Entered: 11/17/2004)
296 (STRIKEN PER ORDER 12/02/04) MEMORANDUM re 284 Appeal of Magistrate Judge Decision,,, Response to Rose Defendants' Appeal by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Gaeta, Joseph) Modified on 12/6/2004 (DPer, ). (Entered: 11/19/2004)
297 (STRIKEN PER ORDER 12/02/04) APPEAL OF MAGISTRATE JUDGE DECISION by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated re 282 Order on Motion to Compel. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S)(Brown, Angela) Modified on 12/6/2004 (DPer, ). (Entered: 11/19/2004)
298 (STRIKEN PER ORDER 12/02/04) RESPONSE to 294 Brief in Support of Response,, Reply Brief by United States of America. (Gaeta, Joseph) Modified on 12/6/2004 (DPer, ). (Entered: 11/22/2004)
299 (STRIKEN PER ORDER 12/02/04) RESPONSE to 286 Response (Free), Response (Free) Reply Brief by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Gaeta, Joseph) Modified on 12/6/2004 (DPer, ). (Entered: 11/22/2004)
300 ANSWER to second amended complaint with affirmative defenses by Gerald Peterson, SSOE, Incorporated, and James R. Saule.(DPer, ) (Entered: 11/23/2004)
301 ORDER striking documents 296 , 297 , 298 and 299 . Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 12/06/2004)
302 RESPONSE to 284 Appeal of Magistrate Judge Decision,,, Corrected by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Gaeta, Joseph) (Entered: 12/06/2004)
303 RESPONSE to 286 Response (Free), Response (Free) Corrected Reply by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Gaeta, Joseph) (Entered: 12/06/2004)
304 RESPONSE to 294 Brief in Support of Response,, Corrected Reply by United States of America. (Gaeta, Joseph) (Entered: 12/06/2004)

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12/06/2004 12/06/2004
12/07/2004
12/16/2004
12/16/2004 12/20/2004 01/04/2005 01/06/2005 01/19/2005 01/25/2005 01/26/2005 02/24/2005

305 RESPONSE to 297 Appeal of Magistrate Judge Decision,,, by United States of America. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H)(Gaeta, Joseph) (Entered: 12/06/2004)
306 ANSWER to 284 Appeal of Magistrate Judge Decision,,, Reply Brief In Support of Objections to Magistrate's Order Regarding Documents Identified on Plaintiff's July 16th Privilege Log, as Supplemented By the October 29th Privilege Log by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits Index# 2 Exhibit A)(Brown, Angela) (Entered: 12/06/2004)
307 APPEAL OF MAGISTRATE JUDGE DECISION by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated re 282 Order on Motion to Compel. (Attachments: # 1 Index of Exhibits # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Index of Exhibits I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T)(Brown, Angela) (Entered: 12/07/2004)
308 ANSWER to 307 Appeal of Magistrate Judge Decision,,, Rose Defendants' Reply Brief In Support of Objections to Magistrate's November 1, 2004 Order by Edward Rose Association, Incorporated, Edward Rose Development Company, L. L. C., Edward Rose Properties, Incorporated, Edward Rose Realty, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose and Sons, Edward Rose and Sons, Incorporated, Green Ridge, L. P., Huron Development, L. P., Manifold Services, Incorporated, Occidental Development Company, L. L. C., Occidental Development Limited, Personnel Management, Incorporated. (Attachments: # 1 Index of Exhibits index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D − FILED UNDER SEAL IN TRADITIONAL MANNER# 6 Exhibit E)(Brown, Angela) (Entered: 12/16/2004)
309 ORDER: Status Conference by phone set for 1/14/2005 02:30 PM before Honorable Victoria A Roberts. Dispositive Motion Cut−off set for 2/18/2005 Signed by Honorable Victoria A Roberts. (Refer to image for additional dates)(CPin, ) (Entered: 12/16/2004)
310 MANDATE of USCA as to Notices of Appeal 50 and 65 − affirmed. [Appeal Case Number 03−1316, 03−1418] (LBeh, ) (Entered: 12/20/2004)
311 NOTICE by United States of America of withdrawal of 280 Appeal of Magistrate Judge Decision,. (Attachments: # 1 Exhibit A)(Gaeta, Joseph) (Entered: 01/04/2005)
312 STIPULATION AND ORDER substituting Attorneys Norman C. Ankers and Ann L. Andrews for Attorney Frederick M. Baker, Jr., as counsel for Rose Defendants. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 01/07/2005)
313 ORDER: Status Conference, by telephone, set for 1/24/2005 01:30 PM before Honorable Victoria A Roberts. (LVer, ) (Entered: 01/19/2005)
314 ORDER: Status Conference by telephone set for 3/4/2005 10:00 AM before Honorable Victoria A Roberts. (LVer, ) (Entered: 01/25/2005)
315 ORDER − Adjourning all motion dates. Signed by Honorable Victoria A Roberts. (CPin, ) (Entered: 01/26/2005)
316 STIPULATION AND ORDER lifting in part 02/21/03 preliminary injunction. Signed by Honorable Victoria A Roberts. (DPer, ) (Entered: 02/28/2005)

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03/07/2005 05/06/2005 05/27/2005 09/21/2005 09/28/2005 09/29/2005
09/30/2005
02/02/2006 12/12/2007 07/23/2008 07/23/2008 07/24/2008
07/25/2008

317 ORDER setting status conference on May 5, 2005 at 3:00 p.m. Signed by Honorable Victoria A Roberts. (LVer, ) (Entered: 03/07/2005)
318 NOTICE TO APPEAR: Status Conference − via telephone set for 5/26/2005 at 03:30 PM before Honorable Victoria A Roberts. (LVer, ) (Entered: 05/06/2005)
319 NOTICE TO APPEAR: Status Conference−Via Telephone set for 6/23/2005 at 03:30 PM before Honorable Victoria A Roberts. (LVer, ) (Entered: 05/27/2005)
320 NOTICE TO APPEAR: Settlement Conference set for 9/28/2005 at 10:30 AM before Honorable Victoria A Roberts. (LVer, ) (Entered: 09/21/2005)
Minute Entry −Settlement Conference held on 9/28/2005 before Honorable Victoria A Roberts. (CPin, ) (Entered: 10/06/2005)
321 ORDER finding as moot 205 MOTION to Set Aside Magistrate Judge's Order Dated June 30, 2004 and 258 MOTION to Expedite Hearing And To File A Discovery Motion Out Of Time − Signed by Honorable Victoria A Roberts. (KGri, ) (Entered: 09/29/2005)
322 (DATE FILED MODIFIED TO 9/30/05) CONSENT ORDER. Signed by Honorable Victoria A Roberts. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation # 6 Document Continuation # 7 Document Continuation)(NHoll, ) Modified on 10/6/2005 (KGri, ). (Entered: 10/04/2005)
323 CONSENT with order to the exercise of jurisdiction by United States Magistrate Judge. Case referred to Magistrate Judge Donald A Scheer. Signed by Honorable Victoria A Roberts. (SSchoe, ) (Entered: 02/06/2006)
324 STIPULATION AND ORDER re: distribution of money damages. Signed by Honorable Donald A Scheer. (MLan) (Entered: 12/12/2007)
325 STIPULATED ORDER TO DISTRIBUTE FUNDS Signed by District Judge Victoria A Roberts. (CPin) (Entered: 07/23/2008)
326 Notice of Failure to Comply with ECF Policies and Procedures as to attorney Angela M. Brown. (DHam) (Entered: 07/23/2008)
327 EXHIBIT A re 325 Stipulation and Order by United States of America, Edward Rose and Sons, Edward Rose and Sons, Incorporated, Edward Rose Association, Incorporated, Edward Rose and Associates, L. L. C., Edward Rose Development Company, L. L. C., Edward Rose Realty, Incorporated, Edward Rose Properties, Incorporated (Andrews, Ann) (Entered: 07/24/2008)
328 Notice of Failure to Comply with ECF Policies and Procedures as to attorney Angela M. Brown. (DHam) (Entered: 07/25/2008)