IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. JOSEPH EHMAN, KRISTIN McINTOSH AND WILLIAM JOE BEAVER,
Plaintiffs, v. THE HOME BUILDERS ASSOCIATION OF METROPOLITAN DENVER,
Defendant.
COMPLAINT
Plaintiffs Joseph Ehman, Kristin McIntosh, and William Joe Beaver, by and through their attorneys, Fox & Robertson, P.C., and Kevin W. Williams, hereby bring this Complaint against Defendant Home Builders Association of Metropolitan Denver (“Home Builders Association”) for violation of the Americans with Disabilities Act (“ADA”).
Introduction 1. On July 26, 1990, President George H. W. Bush signed the ADA, thereby establishing the most important civil rights law for persons with disabilities in our country’s history. One of the principal goals of the ADA was the integration of people with disabilities into our economic and social life. 2. Each year, Defendant Home Builders Association operates the Parade of Homes, an exhibition of custom houses that is open to the public for an admission fee. The Home Builders Association describes the 2001 Parade of Homes as “a tour of six custom homes featuring unique architecture, the latest home technologies, impeccable designs, lavish furnishings and

breathtaking views.” The Official Program of the 2001 Parade of Homes states, in a passage accompanying the name and photograph of the President of the Home Builders Association, that
Each year, the Parade of Homes is the premier showcase that our industry puts in front of the public. Even though the vast majority of people who will tour this year’s Parade will never be able to afford the type of homes they will be seeing, it is the chance for each of them to go back in time to when we were the small kid with our noses pressed up against the glass in the candy case. We will look, we will fantasize, and we will tell ourselves that some day we, too, will live in one of these palatial edifices.
Not only is the ownership of our very own individual home the Great American Dream, but this amazing example of the finest that our industry has to offer gives us all the opportunity to dream at a whole new level.
1. This year, like last year, a number of the houses on display at the Parade of Homes are inaccessible to people who use wheelchairs. This frustrates the purpose of the ADA and sends the message that the Home Builders Association does not welcome people with disabilities to view these custom houses. Far from embracing the universal design that would permit people who use wheelchairs full access to the Great American Dream, the Home Builders Association does not even permit them access to the candy case against which they might press their noses.
Jurisdiction 1. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343. 2. Venue is proper within this District pursuant to 28 U.S.C. § 1391. 3.
Parties 1. Plaintiff Joseph Ehman is and was at all times material hereto a resident of Colorado. As a result of muscular dystrophy and a spinal cord injury, Mr. Ehman is substantially impaired in several major life activities including but not limited to walking and requires manual a wheelchair for mobility.
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2. Plaintiff Kristin McIntosh is and was at all times material hereto a resident of Colorado. As a result of a spinal cord injury, Ms. McIntosh is substantially impaired in several major life activities including but not limited to walking and requires a manual wheelchair for mobility. 3. Plaintiff William Joe Beaver is and was at all times material hereto a resident of Colorado. As a result of post polio syndrome, Mr. Beaver is substantially impaired in several major life activities including but not limited to walking and requires a power wheelchair for mobility. 4. Defendant Home Builders Association is a nonprofit corporation incorporated in Colorado. It is a trade association serving contractors involved in residential construction. The Home Builders Association does business under the trade name “The Parade of Homes” and operates The Parade of Homes as more fully described below.
Facts 1. Each year, the Home Builders Association places on display an exhibition of newlyconstructed houses and charges admission to the general public to view the houses, their interior decor, exterior landscaping and other accouterments. This exhibition is called the Parade of Homes. 2. The 2001 Parade of Homes includes six houses on display in Parker, Colorado: “The Homecoming;” “Renaissance;” “Avalon;” “Prairie Hawk;” “Mount Tabeguache;” and “The Parade House.” 3. The Homecoming has steps at all of its entrances. 4. Renaissance has steps at its front entrance and a temporary portable ramp leading up to the door from the garage to the house. This portable ramp has a slope of approximately 14% and has no handrails. There is no directional signage at the inaccessible front entrance of the house indicating the door with the ramp. The door from the garage to the house -- through which people who use wheelchair must enter -- is marked “exit” on the inside. On the outside of this
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door, there is a sign that reads, “NO ENTRY. Only those who are working in the house will be allowed entry. Absolutely no muddy shoes allowed. If the shoes are muddy they must be removed. There will be a $200 fine for anyone tracking dirt through the house. Thank you for your cooperation. Orchard Homes, LLC.” The Renaissance has several doors on the main floor that are too narrow. The deck is one step down from the interior of the house. 5. Avalon has steps at all of its entrances. 6. The Prairie Hawk has steps at its front entrance and a ramp leading into the main level that is accessible through the garage. The door from the garage to the house -- through which people who use wheelchair must enter -- is marked “exit” on the inside. The deck is one step down from the interior of the house. 7. Mount Tabeguache has steps at all of its entrances. 8. The Parade House has steps at its front entrance and a ramp leading into the main level that is accessible through the garage. Inside the house, a sign reads, “please exit through garage.” The Parade House also has several interior doors on the main floor that are too narrow and a step down to the deck. 9. The individual houses exhibited at the Parade of Homes also offer sales literature on the houses themselves and other products and services on display. 10. The Parade of Homes provides parking for patrons. This includes a large gravel parking lot that does not have any accessible or van accessible spaces. This parking lot can accommodate at least 315 cars. 11. The path from this main parking area to the entrance of the Parade of Homes is steep and covered with loose gravel. 12. At a separate location near the entrance to the exhibition, there are approximately four parking spaces indicated as reserved for persons with disabilities. The signs for these parking
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spaces do not include the international symbol of accessibility. There is no indication of space for access aisles or for van accessible spaces. 13. There is no directional signage to these separate spaces indicated as reserved for persons with disabilities either from the road or from the main parking area. 14. The Parade of Homes is only accessible from the parking spaces that are marked as reserved for persons with disabilities by a bridge that has lips of at least one inch at either end or by a gravel path. 15. The Home Builders Association provides golf carts to drive patrons from the main parking lot to the entrance to the Parade of Homes and to and from various points within the Parade of Homes. These golf carts are not accessible to people who use wheelchairs. There is a sign at the bottom of the hill at the end of the road on which the houses are displayed that reads, “Transportation to Entrance Available at the Bottom of the Hill.” 16. The Parade of Homes also provides a refreshment area that sells food and beverages, free-standing tents displaying home-building and other products, and restrooms for the general public. 17. The portion of the Parade of Homes that sells food and beverages is only accessible across a gravel surface and its counters are too high. 18. The areas of the Parade of Homes displaying home-building and other products are mounted on platforms that are at approximately three inches in height. Some of these areas are accessible by a bridge that has lips of over one inch at either end. 19. Although the Parade of Homes has restrooms that have the international symbol of accessibility, they can only be accessed across surfaces that include steps, are uneven or are covered with loose gravel. 20. On or about July 31, 2001, Plaintiff Kristin McIntosh attempted to patronize the Parade of Homes.
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21. When she arrived at the Parade of Homes, she parked in the parking lot. That lot did not have any accessible spaces. There was no directional signage indicating any other accessible spaces. 22. It was difficult for Ms. McIntosh to push her wheelchair up the hill from the main parking area to the entrance to the Parade of Homes and she eventually had to ask for assistance from a passing stranger. Nondisabled patrons were able to ride a golf cart from the parking area to the entrance. The Parade of Homes did not have any golf carts that were accessible to people using wheelchairs. 23. Ms. McIntosh purchased a ticket and entered the exhibition but was unable to enter The Homecoming or Avalon. She was able to enter Mount Tabeguache by propelling her manual chair up one step at a side entrance. 24. Renaissance has a ramp in the garage but the slope of the ramp is steep. Ms. McIntosh required the assistance of a passing stranger to get up the ramp. In addition, she was forced to go in the garage entrance of Renaissance, Prairie Hawk and The Parade House while nondisabled patrons entered through the front door. 25. The slope of the road from the Prairie House to the rest of the exhibition was very steep and Ms. McIntosh required assistance to climb it. Nondisabled patrons were able to ride a golf cart from the Prairie House to the rest of the exhibition. The Parade of Homes did not have any golf carts that were accessible to people using wheelchairs. 26. On or about August 2, 2001, Plaintiff Joseph Ehman attempted to patronize the Parade of Homes. 27. When he arrived at the Parade of Homes, he parked in the parking lot. That lot did not have any accessible spaces. There was no directional signage indicating any other accessible spaces.
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28. It was difficult for Mr. Ehman to push his wheelchair up the hill from the parking area to the entrance to the Parade of Homes and he eventually had to ask for assistance from a companion. Nondisabled patrons were able to ride a golf cart from the parking area to the entrance. The Parade of Homes did not have any golf carts that were accessible to people using wheelchairs. 29. Near the entrance, Mr. Ehman asked a representative of the Parade of Homes about parking for people who use wheelchairs. He was told that the person using a wheelchair could be dropped off at the entrance to the Parade of Homes. He was not told about allegedly accessible parking spaces near the entrance to the Parade of Homes and there was no directional signage suggesting the existence of such spaces. 30. Mr. Ehman purchased a ticket and entered the exhibition but was unable to enter The Homecoming, Mount Tabeguache or Avalon. 31. Mr. Ehman was able to get into Renaissance, Prairie Hawk and The Parade House but was unable to access the entire main floor of those facilities. In addition, he was forced to go in the garage entrance while nondisabled patrons entered through the front door. In one case, at Prairie Hawk, the flow of foot traffic coming out the door from the house into the garage was so great that he had to back down the ramp in his wheelchair to permit the nondisabled patrons to pass and then wheel back up the ramp to get in the house. 32. Mr. Ehman was unable to use the restrooms at the Parade of Homes because he was unable to get to them. 33. Mr. Ehman was unable to patronize the food and beverage sales area at the Parade of Homes because he was unable to traverse the gravel surface on which it was situated. Had he been able to traverse this surface, he would have encountered sales counters that were too high. 34. On or about August 5, 2001, Plaintiff William Joe Beaver attempted to patronize the Parade of Homes.
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35. Because there was no directional signage, Mr. Beaver drove to the main parking lot searching for a parking space. When he learned that there was parking for people with disabilities near the front entrance, he had to drive back through the main parking lot and back up the hill to that entrance. He parked his lift-equipped van in the spaces marked for parking for people with disabilities. However, because there was no indication of a van accessible space or access aisle, he was concerned that another car might park too close and block his lift. 36. Mr. Beaver purchased a ticket and entered the exhibition but was unable to enter The Homecoming, Mount Tabeguache or Avalon. 37. Mr. Beaver was able to get into Renaissance, Prairie Hawk and The Parade House but was unable to access the entire main floor of those facilities. In addition, he was forced to go in the garage entrance while nondisabled patrons entered through the front door. 38. Mr. Beaver was unable to access the vendors’ displays because they were mounted on platforms. 39. In the garage of The Homecoming, he was unable to access all of the tables displaying merchandise and sales literature because the aisles were too narrow. 40. The 2000 Parade of Homes included eight houses, only one of which had an accessible entrance. The remainder were completely inaccessible to people who use wheelchairs. The one accessible house had only a ramp in the garage; its front entrance was inaccessible. 41. The Parade of Homes is put on annually by the Home Builders Association. Plaintiffs would like to attend the Parade of Homes in 2001 if it is made accessible to them. They intend to patronize the Parade of Homes in future years.
Claim For Relief: Violation of The Americans With Disabilities Act 1. The Parade of Homes is a place of public exhibition or entertainment, a place of recreation, a place of public display or collection and/or other place of public accommodation as defined in 42 U.S.C. § 12181(7).
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2. Defendant Home Builders Association operates the Parade of Homes.

3. On information and belief, the facilities at the Parade of Homes were constructed after

January 26, 1993.

4. The facilities at the Parade of Homes are in violation of the ADA and its implementing

regulations as described more fully above.

5. As such, the Home Builders Association discriminates and, in the absence of the

injunction requested herein, will continue in the future to discriminate against Plaintiffs on the

basis of their disability in the full and equal enjoyment of the goods, services, facilities,

privileges, advantages, or accommodations of the Parade of Homes in violation of 42 U.S.C.

§§ 12182 and 12183.

6. Plaintiffs have been damaged and will continue to be damaged by this discrimination.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray:

1. That this Court assume jurisdiction;

2. That this Court issue an order declaring the Home Builders Association to be in violation

of the Americans with Disabilities Act;

3. That this Court issue an injunction ordering the Home Builders Association to bring the

Parade of Homes into compliance with the Americans with Disabilities Act this year and in

future years;

4. That this Court award Plaintiffs their reasonable attorneys’ fees and costs; and

5. That this Court award such additional or alternative relief as may be just, proper and

equitable.

Respectfully submitted,

FOX & ROBERTSON, P.C.

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Dated: August 6, 2001

Amy F. Robertson Timothy P. Fox Michael W. Breeskin 910 - 16th Street Suite 610 Denver, CO 80202 303.595.9700
Kevin W. Williams General Counsel Colorado Cross Disability Coalition 655 Broadway, Suite 775 Denver, CO 80203 303.839.1775
Attorneys for Plaintiffs

Address of Plaintiff Joseph Ehman
1615 W. 85th Avenue Apt. 108 Denver, CO 80221
Address of Plaintiff Kristin McIntosh
1531 Stout Street Apt. 401 Denver, CO 80202
Address of Plaintiff William Joe Beaver
11021 W. 72nd Avenue Arvada, CO 80005

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 01-N-1522 (BNB)
JOSEPH EHMAN, KRISTIN McINTOSH and WILLIAM JOE BEAVER, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
THE HOME BUILDERS ASSOCIATION OF METROPOLITAN DENVER,
Defendant.
CONSENT DECREE
I. INTRODUCTION
A. Parties and the Lawsuit. This Consent Decree is entered into between Kristin McIntosh (“McIntosh”), William Joe Beaver (“Beaver”) (collectively “Named Plaintiffs”), on behalf of themselves individually and the Settlement Class (as defined below), and the Home Builders Association of Metropolitan Denver, Inc. (“HBA”) (collectively, “the Parties”). Named Plaintiffs are Plaintiffs in, and HBA is the Defendant in, Joseph Ehman, Kristin McIntosh, and William Joe Beaver v. The Home Builders Association of Metropolitan Denver, Inc., Civil Action No. 01-N-1522 (D. Colo.), a civil action pending in the U.S. District Court for the District of Colorado ("Lawsuit").
1. Claims. In the Lawsuit, Named Plaintiffs have alleged that the Parade of Homes (“Parade”), an annual event organized, partially sponsored, advertised, and promoted by HBA, is subject to, and has, in the past, been in violation of, Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. (“Title III” or “the ADA”).
2. Denial of Liability or Wrongdoing. HBA has denied and continues to deny any and all liability or wrongdoing to Named Plaintiffs and to the Settlement Class. By entering into this Consent Decree, the HBA does not admit any impropriety, wrongdoing or liability of any kind whatsoever, including any as to the claims raised in the Lawsuit, and on the contrary,

expressly denies the same. The HBA has entered into this Consent Decree solely for the purpose of avoiding the expense, inconvenience, distraction and delay of the Lawsuit, without admitting any wrongdoing or liability whatsoever.
B. No Third-Party Beneficiaries. By entering into this Consent Decree, the Parties do not intend to create third-party beneficiaries. No individual, organization or combination thereof shall have any right to bring any action or commence any proceeding for any alleged violation of this Consent Decree. Only Class Counsel and the HBA shall have the authority to enforce this Consent Decree.
II. CONDITIONS PRECEDENT TO THIS CONSENT DECREE This Consent Decree shall be conditioned upon and shall be effective only upon, the occurrence of all of the following events:
A. Preliminary Approval. Class Counsel and HBA move jointly by stipulation for an Order Granting Preliminary Approval of this Consent Decree and Issuance of Notice in accordance with Paragraph X of this Consent Decree and such motion is granted by the Court.
B. Notice. Notice is provided to the Settlement Class in accordance with Paragraph XI of this Consent Decree.
C. Fairness Hearing. A Fairness Hearing is held in accordance with Paragraph XII of this Consent Decree.
D. Final Approval. The Court grants final approval of this Consent Decree and enters Judgment in accordance with the terms set forth herein after a Fairness Hearing has been conducted. The Judgment shall finally resolve all issues raised in this proceeding.
III. DEFINITIONS. The following terms, as used in this Consent Decree, shall have the meaning ascribed to them below:
A. Accessible Parking Space: A parking space that is at least eight feet wide, that is adjacent on either side to a Parking Access Aisle that is at least five feet wide and that is indicated by a sign that complies with Standards § 4.6.4.
B. Accessible Route: A route that complies with the following provisions of the Standards: §§ 4.3.3, 4.3.6, 4.3.7, 4.3.8, and any provisions referenced by these provisions.
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C. Class Counsel: Amy F. Robertson and Timothy P. Fox of the law firm of Fox & Robertson, P.C. and Kevin Williams of the Colorado Cross-Disability Coalition, and any attorneys practicing with those attorneys, or any attorney who may be substituted for one of these attorneys upon motion to the Court.
D. Concession Stand: Any stand, booth or other feature used to sell food or merchandise.
E. Exhibit Booth: Any stand, booth or other feature used to display or promote merchandise or services.
F. Parade Home: Any home on the grounds of the Parade of Homes to which members of the public are admitted, including the home’s interior.
G. Parking Access Aisle: The aisle adjacent to an Accessible Parking Space or Van Accessible Parking Space.
H. Settlement Class: All persons with disabilities who are currently or have been in the past four years residents of the State of Colorado who use wheelchairs or scooters for mobility who, within four years of the filing of the complaint in this Lawsuit have been denied, or are being or will be denied, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any Parade of Homes primarily sponsored or coordinated by the Home Builders Association of Metropolitan Denver, Inc.
I. Structurally Impracticable and Structural Impracticability: The meaning set forth in 28 C.F.R. § 36.401(c).
J. Standards: The Department of Justice Standards for Accessible Design, 28 U.S.C. pt 36, app. A.
K. Van Accessible Parking Space: A parking space that is at least eight feet wide, that is adjacent on either side to a Parking Access Aisle that is at least eight feet wide and that is indicated by a sign that complies with Standards § 4.6.4.
IV. TERM OF CONSENT DECREE
The term of this Consent Decree shall commence from the date of entry by the Court and continue until the earlier of: (a) the five year anniversary of the said date of entry; or (b) the time at which HBA is no longer the primary coordinator and sponsor of the Parade of Homes.
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V. CONDITIONS OF THE PARADE
A. Common Area Conditions. HBA shall provide the following at the Parade:
1. Accessible Route:
a. At least one entrance to the Parade site shall be wheelchair accessible and shall be on an Accessible Route. Each such entrance shall be referred to herein as an “Accessible Entrance.”
b. There shall be at least one Accessible Route from Accessible Parking Spaces and Van Accessible Parking Spaces to an Accessible Entrance.
c. At least one Accessible Route shall connect Accessible Entrances with all accessible spaces at the Parade site and to a wheelchair accessible entrance to each Parade Home.
d. In complying with Paragraph V.A.1.c above, the HBA will, if reasonably possible, select a site that permits such Accessible Routes. If HBA is considering more than one proposed site, the greater accessibility of a given site to persons in wheelchairs and scooters will be a factor (but not the determining factor) in favor of the selection of that site. In the event that two or more proposed sites are otherwise equally suitable for a Parade of Homes, in HBA’s judgment, the most accessible site to persons in wheelchairs and scooters will be selected by HBA.
e. If it is Structurally Impracticable to provide Accessible Routes to all required locations at a Parade of Homes site, HBA will use the following methods to ensure wheelchair access to each of the accessible spaces at the Parade and to a wheelchair accessible entrance to each Parade Home:
(1) Installing or extending sidewalks or other paths that constitute Accessible Routes; or
(2) Providing wheelchair-accessible transportation to those accessible spaces and wheelchair accessible entrances to Parade Homes that it is not able to locate on an Accessible Route.
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2. Restrooms:
a. At each cluster of toilet units, at least five percent of the said units in a cluster, but no fewer than one such unit, shall
(1) be located on an Accessible Route;
(2) have a doorway with a minimum clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop;
(3) have a doorway with a threshold no greater than ½ inch;
(4) have a doorway with a raised threshold and floor level changes of no greater than 1:2;
(5) have a door with a handle, pull, latch, lock or other operating device with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate;
(6) have a door with hardware required for accessible door passage mounted no higher than 46 inches above the finished floor; and
(7) have clear floor space, grab bars, toilet paper dispenser and commode that comply with Figures 30(a), 30(c) and 30(d) of the Standards, provided that, if no temporary toilet unit is available for rent within one hundred (100) miles of the location of the Parade, the HBA will be required only to rent the most accessible temporary toilet available.
b. The path or trail to each portable toilet unit that complies with Paragraph V.A.2.a above shall be paved with asphalt.
c. Each toilet unit that complies with Paragraph V.A.2.a above shall be identified by the International Symbol of Accessibility.
d. If lavatories, sinks, paper towels or other amenities are provided, they shall comply with the Standards with respect to clear floor space, operating controls, hardware, and reach ranges.
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3. Concession Stands and Seating:

a. The line for any Concession Stand shall have a minimum clear width of 36 inches. If a turn around an obstruction is required, it shall have a clear width of 42 inches on each side of the obstruction and 48 inches at the point of the obstruction. In the alternative, a 60-inch turning radius may be provided.

b. At any Concession Stand, at least 36 inches of the counter shall be no more than 36 inches above the ground. This area of the Concession Stand shall be on an Accessible Route and shall be maintained free and clear of obstructions.

c. If table seating is provided for the general public, at least five percent but no fewer than one of the tables provided in each such seating area shall be on an Accessible Route and shall have nonfixed seating to permit access by individuals in wheelchairs. Such accessible tables shall be designated by the International Symbol of Accessibility.

4. Parking:

a. The minimum number of Accessible Parking Spaces shall be set according to the total number of parking spaces at the Parade, as follows:

Total Number of Spaces

Minimum Number of Accessible Parking Spaces

25 or less 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1000 1001 and above

1 2 3 4 5 6 7 8 9 2% of total spaces 20 + one for each 100 spaces over 1000

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b. One in every eight Accessible Parking Spaces, but not less than one, shall be a Van Accessible Parking Space.
c. Accessible Parking Spaces and Van Accessible Parking Spaces shall be located on the shortest accessible route of travel from adjacent parking to an Accessible Entrance.
d. Parking Access Aisles shall be part of an Accessible Route to wheelchair Accessible Entrances to the Parade site.
e. Directional signs advising motorists of the location of designated Accessible Parking Spaces and Van Accessible Parking Spaces shall be posted. At least one such sign shall be posted at each entrance to each parking area and at other locations as necessary to direct people with disabilities to Accessible Parking Spaces and Van Accessible Parking Spaces.
5. Exhibit Booths:
a. At least one Accessible Route (or alternative methods, as provided in Paragraph V.A.1.e above) shall connect Accessible Entrances with all Exhibit Booths outside the Parade Homes.
b. At least one Accessible Route (or alternative methods, as provided in Paragraph V.A.1.e above) shall connect Accessible Entrances with all exhibits and displays in the garages of the Parade Homes.
c. Any part of any Exhibit Booth that is open to the general public shall be on an Accessible Route.
6. Miscellaneous Elements and Spaces
a. At least one ticket booth or office shall be on an Accessible Route. This ticket booth or office shall have a counter that is no more than 36 inches above grade (if outdoors) or above the finished floor (if indoors).
b. Any area of the Parade that is made available for recreation or entertainment, including but not limited to play areas, amusement
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areas, and concert or other performance areas, shall comply with the Standards.
B. Conditions in Parade Homes. HBA shall ensure that the following conditions obtain in all Parade Homes:
1. Physical access to first floor of each home.
a. At least one of the following – the front door, garage door, and/or other doors – of a Parade Home shall provide access into the first floor to persons in wheelchairs.
b. HBA shall issue a written policy statement to the builders of the Parade Homes, encouraging them to make the front doors of the Parade Homes wheelchair accessible.
c. If a wheelchair accessible entrance to a Parade Home is a door other than the front door, directional signs regarding the entrance shall be posted in a visible place at the closest accessible space to the front of the home site.
d. If a wheelchair accessible entrance is provided at any location other than the front door of a given Parade Home, a sign “Wheelchair and Stroller Access - Please Yield” shall be posted on both sides of such door and all Parade patrons, regardless of disability, shall be permitted to enter and exit through any door to that Parade Home.
e. Persons who use a wheelchair accessible entrance other than the front door shall be, to the extent reasonably practical, through the use of greeters, hosts, hostesses, signs, or otherwise, directed toward the front door of the home such that the persons in wheelchairs are generally moving in the same direction as those visitors who entered the house through the front door and are not moving against the flow of the other visitors.
f. When necessary, a temporary or permanent ramp (at the option of the homebuilder involved) shall be installed at a door to make it a wheelchair accessible entrance.
(1) The least possible slope shall be used for any ramp. The maximum slope of a ramp shall be 1:12.
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(2) The maximum rise for any run shall be 30 inches.
(3) The minimum clear width of any such ramp shall be 36 inches. If the ramp makes a 180-degree switchback, a turning radius of 60 inches shall be provided at the point of the turn.
(4) Ramps shall have level landings at the bottom and top of each ramp and each ramp run. The landing shall be at least as wide as the ramp run leading to it. The landing length shall be a minimum of 60 inches.
(5) The cross slope of ramp surfaces shall be no greater than 1:50.
(6) If a ramp run has a rise greater than 6 inches or a horizontal projection greater than 72 inches, the ramp shall have handrails on both sides. The clear space between the handrail and the wall shall be 1-1/2 inches.
(7) Ramp surfaces shall be stable, firm and slip-resistant.
g. Subject to Paragraph V.B.2 below, all areas of the first floor of each Parade Home shall be accessible to individuals who use wheelchairs, provided that this does not preclude the use of sunken or elevated rooms or areas. If any portion of the first floor of a home is not wheelchair accessible and is not fully visible from a wheelchair accessible area, such area shall be included in the videotape presentation referenced in Paragraph V.B.5.
2. Width of first floor doorways.
a. In 2002, HBA will encourage builders of homes in a Parade to construct Parade homes with doorways that provide a clear opening of at least 32 inches, except at doors to pantries, laundry rooms, storage rooms, bathrooms or other auxiliary rooms, which may be narrower.
b. If, in the 2002 Parade, a builder elects to provide a doorway with a clear opening of less than 32 inches, and if the first floor area
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serviced by that doorway is not accessible by an alternative doorway with a clear opening of at least 32 inches, and is not fully visible from a wheelchair accessible area, the first floor area serviced by that door shall be included in the videotape presentation referenced in Paragraph V.B.5.
c. HBA will require builders of Parade Homes in the 2003 and future Parades to provide doorways with a clear opening of at least 32 inches. Doorways to pantries, laundry rooms, storage rooms, bathrooms or other auxiliary rooms of less than 100 square feet may be narrower.
3. HBA Policy Statement. HBA will issue a written policy statement encouraging builders of Parade Homes to construct Parade Homes with front entrances without steps or with one or more ramps, to provide front door access to persons in wheelchairs, and otherwise to design and build using principles of Universal Design.
4. Ramps to and from decks off the first floor. Persons in wheelchairs visiting the first floor of a Parade Home will be afforded access to all outdoor decks off the first floor to which access may be provided consistent with Standards §§ 4.1.6(3)(a) and 4.8.2. The parties agree that access may be provided by a ramp. If the space on the deck is not sufficient to permit a ramp that complies with Standards §§ 4.1.6(3)(a) and 4.8.2, no ramp is required.
5. Videotape presentation regarding non-accessible areas. In a wheelchair accessible area on the first floor or in the garage of each Parade Home in a Parade, there will be a videotape display on a television or monitor of the home. Although the exact artistic, photographic, and aesthetic content of the videotape presentation shall be left to the discretion of the builder, the videotape presentation must depict the significant features of rooms and areas on floors and levels other than the first floor, and of those rooms and areas on the first floor not fully visible to persons in wheelchairs from wheelchair-accessible areas of the home. The screen on which the videotape referred to in this Paragraph is shown will be no more than 54 inches above the finished floor and there will be sufficient space facing the screen to permit four individuals using wheelchairs to view the videotape simultaneously.
C. Maintenance of Access. HBA will maintain the conditions covered by this Consent Decree in compliance with this Consent Decree for the duration of each
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Parade. HBA will require others responsible for conditions covered by this Consent Decree to maintain such conditions in compliance with this Consent Decree for the duration of each Parade.
D. Planning for the Parade. Class Counsel shall be permitted to attend at least one meeting in advance of a Parade opening, relating to the planning of the said Parade. The meeting will be scheduled by HBA, in its discretion, and HBA shall mail to Class Counsel written notice of the meeting at least 14 days in advance. At this meeting, Class Counsel shall be permitted to examine available maps, sketches and other documents regarding the layout and design of the common areas of the site of the Parade and the accessibility to each of the homes in the Parade. Further, at this meeting, Class Counsel shall be permitted to make suggestions to improve the accessibility of the common areas of the site of the Parade and access to the first floor of each of the Parade Homes. The parties agree that the builders of the homes and the HBA, in their exclusive discretion, may decline to follow the suggestions; however, HBA shall not be relieved of its obligations under this Consent Decree.
VI. NO PICKETING, PROTESTING, OR INTERFERENCE
A. McIntosh and Beaver shall not engage in any picketing, protesting, demonstrations, civil disobedience or other activity with the purpose or effect of interfering with: the operation of any Parade, the public’s use or enjoyment of public roads leading to the Parade, the public’s access to the Parade, or the operation of the HBA at the Parade. Further, McIntosh and Beaver agree not to engage in any protest activity regarding a Parade, including picketing, protesting, demonstrations and civil disobedience on public or private property, with the purpose or effect of publicizing any protest regarding or criticism of the policies or practices of the HBA or its members with respect to the conditions at the Parade.
B. McIntosh and Beaver each agrees to make reasonable efforts to discourage and dissuade other persons from engaging in any of the activities or conduct which they are prohibited from engaging in, as described in Paragraph VI.A above. Such reasonable efforts include, but are not limited to, McIntosh and Beaver each publishing the full terms of this Consent Decree to the officers, employees and members of, ADAPT-Denver, Atlantis, and the Colorado Cross-Disability Coalition, and to make reasonable efforts to discourage and dissuade ADAPTDenver, Atlantis, and the Colorado Cross-Disability Coalition, and such officers, employees and members from engaging in any of the activities or conduct proscribed in Paragraph VI.A above.
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C. The Parties agree that HBA may post at any Parade of Homes covered by this Consent Decree a sign containing substantially the language in Exhibit D.
VII. PRESS RELEASE. The Parties have agreed to the terms of a press release, Exhibit A attached hereto.
VIII. ATTORNEYS’ FEES AND COSTS
A. Amount. HBA shall pay Class Counsel the sum of Seventy-Five Thousand Dollars and No Cents ($75,000.00) representing their reasonable attorneys’ fees and costs through the date of entry of this Consent Decree. HBA will make such payment within thirty (30) days of entry of the Consent Decree by delivering to Fox & Robertson at the address set forth in Paragraph XIV below, a check in the amount of Seventy-Five Thousand Dollars and No Cents ($75,000.00) made out to Fox & Robertson, P.C. and the Colorado Cross-Disability Coalition.
B. Full Satisfaction. Such payment will be in full and complete satisfaction of any and all claims for attorneys’ fees, litigation expenses, including expert fees, and costs under federal or state law that the Named Plaintiffs, the Settlement Class, or Class Counsel have against HBA in connection with this matter, with the exception of fees and costs described in Paragraph IX below.
IX. DISPUTE RESOLUTION
A. Any dispute between or among HBA, McIntosh, Beaver or Class Counsel regarding an alleged breach of this Consent Decree shall be subject to the following dispute resolution process:
1. The party asserting that a breach has been committed shall give prompt written notice to the party allegedly committing the breach at the address set forth in Paragraph XIV.
2. Within one calendar week of receipt of the notice provided in Paragraph XIV.A.1, Class Counsel and a representative of the HBA shall confer in person or by telephone and attempt to resolve the dispute.
3. If the meet and confer process provided in Paragraph IX.A.2 does not resolve the dispute, the dispute shall be mediated before a neutral third party mutually agreed to by the party asserting that a breach has been committed and the party allegedly committing the breach.
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4. If mediation does not resolve the dispute, the dispute shall be submitted to the United States District Court for the District of Colorado.
B. HBA will pay the reasonable attorneys’ fees, litigation expenses and costs incurred by Class Counsel as well as the cost of the neutral third party during the part of the dispute resolution process set forth in Paragraphs IX.A.1 through IX.A.3 of this Consent Decree.
C. If mediation does not resolve the dispute, and the dispute is submitted to the United States District Court for the District of Colorado, and the Court rules in favor of HBA, HBA shall not be responsible for any of Class Counsel’s attorneys’ fees or costs incurred after the unsuccessful mediation. Class Counsel shall be jointly responsible for HBA’s attorneys’ fees and costs incurred after the unsuccessful mediation, if the Court determines that the position advocated by Class Counsel on the matter was frivolous, using the standard for frivolous claims found in Christianburg Garment Co. v. EEOC, 434 U .S. 412, 421-22 (1978).
D. The parties agree that the Court in the Lawsuit may reserve continuing jurisdiction over the enforcement of the terms of this Consent Decree, until the term of this Consent Decree (as provided in Paragraph IV above) expires.
X. PRELIMINARY APPROVAL, OBJECTIONS AND FAIRNESS HEARING.
A. Preliminary Fairness Hearing. Within ten (10) days of execution of this Consent Decree, the Parties shall jointly request a Preliminary Fairness Hearing and shall jointly move for an order granting preliminary approval to this Consent Decree.
B. Objections. Any member of the Settlement Class may object to the proposed Consent Decree by filing, within one month after publication of the Notice, written objections with the Clerk of the Court. Only such objecting Class Members shall have the right, if they seek it in their objection, to present objections orally at the Fairness Hearing. Responses by HBA and Class Counsel to any timely-filed objections shall be made within one month after the deadline for such written objections.
C. Fairness Hearing. Class Counsel and HBA shall request that a Fairness Hearing take place three months after publication of the Notice, or as soon thereafter as the Court may set the hearing.
XI. NOTICE TO THE CLASS OF THE PROPOSED CONSENT DECREE
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A. Publish Notice. HBA shall place the Notice attached as Exhibit B, at its own expense, in the Denver Post and the Rocky Mountain News. Said notice shall be published once in each newspaper and shall be at least one-eighth of a page in size. The notice shall appear within fifteen (15) days after Preliminary Approval of the Consent Decree. HBA shall notify Class Counsel of the day on which the Notice shall appear pursuant to this Paragraph and will send to Class Counsel a copy of the Notice as published.
B. Mail Notice. Within fifteen (15) days of Preliminary Approval, Class Counsel shall, at HBA’s expense, mail the Notice to the organizations listed in Exhibit C.
XII. JUDGMENT, FINAL APPROVAL AND DISMISSAL.
A. Request for Final Judgment and Final Approval. At the time of the Fairness Hearing, HBA and Class Counsel shall jointly request that the Court enter a Final Judgment and Order granting Final Approval of this Consent Decree.
B. Dismissal with Prejudice. This action shall be dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, no later than one month following the expiration of the Term of this Consent Decree.
XIII. RELEASES
A. Release of Claims. Effective on the date of entry of this Consent Decree, Named Plaintiffs, on behalf of themselves and all members of the Settlement Class and their executors, successors, heirs, assigns, agents and representatives, in consideration of the relief set forth herein, the sufficiency of which is expressly acknowledged, unconditionally and forever do fully and finally release, acquit and discharge HBA and its present, former or future directors, officers, shareholders, owners, managers, supervisors, employees, attorneys, agents and representatives; and the respective successors, heirs and assigns of the above from the Released Claims as defined in Paragraph XIII.B below. This covenant shall survive the end of the term of this Consent Decree.
B. Claims Released. The claims released by Paragraph XIII.A are any and all actions, causes of action, claims, charges, demands, losses, damages, judgments, liens, indebtedness and liabilities arising under the Americans with Disabilities Act, as amended, 42 U.S.C. § 12181 et seq. for injunctive relief, declaratory relief, damages, and costs and attorneys’ fees (except those provided in Paragraphs VIII and IX above), or for injunctive relief or attorneys’ fees and costs arising under any state or local law regarding access for persons with disabilities to public accommodations, whether known or unknown, suspected or
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unsuspected, asserted or unasserted in the Lawsuit, that Named Plaintiffs or the Settlement Class may have or claim to have, in any way relating to or arising out of the Parade of Homes in 2001 or previous years and, if HBA is in compliance with this Consent Decree, the accessibility of the Parade of Homes in future years. The Parties agree that, during the term of this Consent Decree, HBA shall be deemed to be in compliance with this Consent Decree, unless and until the Court enters a ruling that HBA has violated or breached the Consent Decree after unsuccessful mediation pursuant to Paragraph IX.A.4 above.
C. Covenant not to Sue. Named Plaintiffs, on behalf of themselves and all members of the Settlement Class and their executors, successors, heirs, assigns, agents and representatives, covenant that they will not file suit relating to the accessibility of a Parade Home for injunctive relief or attorneys’ fees and costs under any statute regarding access for persons with disabilities to public accommodations against any member of HBA who builds a Parade Home that is in full compliance with this Consent Decree.
D. No Assignment or Transfer. Named Plaintiffs each hereby warrants to HBA that he or she has not assigned or transferred to any person any portion of any of the Released Claims that are released, waived and discharged in Paragraph XIII above.
E. Enforcement. Nothing in this Paragraph XIII shall prevent or preclude any Party from seeking to enforce this Consent Decree.

XIV. COMMUNICATIONS

A. Communication to HBA and Class Counsel: Any notice or communication required or permitted to be given to HBA or Class Counsel under this Consent Decree shall be given in writing by depositing it in the U.S. Mail, addressed as follows:

To HBA:

1400 South Emerson Street Denver, CO 80210-2721

With a copy to: Randall J. Feuerstein, Esq. Dufford & Brown P.C. 1700 Broadway, Suite 1700 Denver, CO 80290-1701

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To Class Counsel:
Amy F. Robertson, Esq. Fox & Robertson, P.C. 910 - 16th Street Suite 610 Denver, CO 80202
And:
Kevin W. Williams, Esq. General Counsel Colorado Cross Disability Coalition 655 Broadway Suite 775 Denver, CO 80203
If the above addresses change, it is the responsibility of the Party whose address is changing to give written notice of said change to all other Parties within thirty (30) business days following the effective date of said change.
XV. MODIFICATION OR WAIVER OF CONSENT DECREE:
No modification of this Consent Decree shall be effective unless it is pursuant to Court Order.
XVI. SEVERABILITY
If any provision or any part of this Consent Decree shall at any time be held unlawful, or inconsistent with applicable law, in whole or in part, under any federal, state, county, municipal or other law, ruling or regulation, then the remaining provisions of this Consent Decree shall remain effective and enforceable.
XVII. EXECUTION IN COUNTERPARTS
This Consent Decree may be signed in counterpart and shall be binding and effective immediately upon the execution by all Parties of one or more counterparts. All Parties and their counsel shall sign three copies of this document and each such copy shall be considered an original.
XVIII. DUTY TO SUPPORT AND DEFEND DECREE
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Named Plaintiffs, Class Counsel and the HBA, by their signatures below, each agree to abide by all of the terms of this Decree in good faith and to support it fully, and shall use their best efforts to defend this Decree from any legal challenge, whether by appeal or collateral attack. Under no circumstances will the 2002 Parade of Homes be held up by any objections to this Consent Decree. XIX. ENTIRE AGREEMENT
This Consent Decree contains all the agreements, conditions, promises and covenants among the HBA, Named Plaintiffs, Class Counsel and the Settlement Class regarding matters set forth in it and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of the present Consent Decree.
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IN WITNESS THEREOF, and intending to be legally bound, the parties have executed this Consent Decree.

Respectfully submitted,

Kristin McIntosh

THE HOME BUILDERS ASSOCIATION OF METROPOLITAN DENVER

___________________________________ Date:_______________________________
William Joe Beaver

By:___________________________________ Its: Date:

___________________________________ Date:_______________________________
APPROVED AS TO FORM:
FOX & ROBERTSON, P.C.
_______________________________ Amy F. Robertson Counsel for Named Plaintiffs and the Settlement Class

APPROVED AS TO FORM:
SHERMAN & HOWARD
__________________________________ Theodore A. Olsen Counsel for The Homebuilders Association of Metropolitan Denver

So ordered. Dated this

day of

, 2002.

BY THE COURT:

EDWARD W. NOTTINGHAM UNITED STATES DISTRICT JUDGE

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 Case: 1:01-cv-01522-EWN-BNB As of: 06/07/2010 09:11 PM MDT 1 of 5

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:01−cv−01522−EWN−BNB

TERMED

Ehman, et al v. Home Bldrs Assoc Den Assigned to: Judge Edward W. Nottingham Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Cause: 42:12101 Americans With Disabilities Act (ADA)
Plaintiff

Date Filed: 08/06/2001 Date Terminated: 03/10/2003 Jury Demand: None Nature of Suit: 443 Civil Rights: Accomodations Jurisdiction: Federal Question

Kristin McIntosh

represented by Amy Farr Robertson Fox &Robertson, P.C. 104 Broadway #400 Denver, CO 80203 303−595−9700 Fax: 303−595−9705 Email: arob@foxrob.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff William Joe Beaver

represented by Amy Farr Robertson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Home Builders Association of Metropolitan Denver, The
Plaintiff Joseph Ehman

represented by Patrick John Miller Sherman &Howard, L.L.C.−Denver 633 17th Street #3000 Denver, CO 80202−3622 303−297−2900 Fax: 303−298−0940 Email: pmiller@shermanhoward.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore Alan Olsen Sherman &Howard, L.L.C.−Denver 633 17th Street #3000 Denver, CO 80202−3622 303−299−8212 Fax: 303−298−0940 Email: tolsen@sah.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Amy Farr Robertson (See above for address) TERMINATED: 05/15/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:01-cv-01522-EWN-BNB As of: 06/07/2010 09:11 PM MDT 2 of 5

Date Filed 08/06/2001 08/06/2001 08/09/2001 08/13/2001 08/22/2001
08/28/2001 09/10/2001 09/10/2001 09/12/2001
09/25/2001
09/25/2001 09/25/2001
09/26/2001 09/27/2001 10/01/2001 10/10/2001 10/11/2001

# Docket Text
1 COMPLAINT (Summons(es) issued) (bpm) (Entered: 08/07/2001)
FILING FEE PAID: on 8/6/01 in the amount of $ 150, receipt # 227783. (bpm) (Entered: 08/07/2001)
2 MEMORANDUM by Judge Edward W. Nottingham to plas re: Service and Initial Procedure (pap) (Entered: 08/10/2001)
3 ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Boyd N. Boland &General Case Management Order by Judge Edward W. Nottingham; dispo motion ddl 4/8/02 (cc: to counsel) (pap) (Entered: 08/14/2001)
4 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Scheduling Planning/Rule 16 conference set for 10:30 9/12/01; proposed scheduling order due no later than 5 days prior to conf (cc: all counsel) (pap) (Entered: 08/24/2001)
5 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; scheduling/rule 16 conference set for 9:00 9/25/01 ; proposed schduling order is due on or before 9/18/01 (cc: all counsel) ; entry date : 8/29/01 (pap) (Entered: 08/29/2001)
6 MOTION by defendant to dismiss for lack of jurisdiction (pap) (Entered: 09/12/2001)
7 BRIEF by defendant in support of motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 09/12/2001)
8 MINUTE ORDER : by Judge Edward W. Nottingham; plas' response is due on or before 9/26/01, dft's reply shall be filed within 11 days of service of the response regarding [6−1] motion to dismiss for lack of jurisdiction (cc: all counsel) ; entry date : 9/13/01 (pap) (Entered: 09/13/2001)
9 COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; scheduling planning/rule 16 conf held on 9/25/01 ; settlement conf set for 2:00 11/27/01 ; preliminary pretrial/status conf set for 9:00 12/11/01 ; pto ddl set for 12/4/01 ; entry date : 9/26/01 Court Reporter: BNB Civil Tape 2001−122/123 (pap) (Entered: 09/26/2001)
10 SCHEDULING ORDER Magistrate Judge Boyd N. Boland ; Discovery cutoff 3/8/02 (cc: all counsel) (pap) (Entered: 09/26/2001)
11 MINUTE ORDER : by Magistrate Judge Boyd N. Boland; settlement conference set for 11/27/01 2:00 and preliminary pretrial conf set 12/11/01 9:00, parties present shall have the authority to negotiate and settle (cc: all counsel) ; entry date : 9/26/01 (pap) (Entered: 09/26/2001)
12 BRIEF by plaintiffs in opposition to dft's motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 09/27/2001)
13 ATTORNEY APPEARANCE for defendant by Patrick John Miller (pap) (Entered: 09/28/2001)
14 RETURN OF SERVICE of Summons and Complaint upon defendant Home Bldrs Assoc Den by leaving with Roger Reinhardt, the registered agent on 8/21/01 (pap) (Entered: 10/03/2001)
15 Unopposed MOTION by defendant Home Bldrs Assoc Den for extension of time to file its reply brief in support of its motion to dismiss until 10/17/01 (pap) (Entered: 10/11/2001)
16 MINUTE ORDER : by Judge Edward W. Nottingham granting motion for extension of time to file its reply brief in support of its motion to dismiss until 10/17/01 [15−1] (cc: all counsel) ; entry date : 10/12/01 (pap) (Entered: 10/12/2001)

Case: 1:01-cv-01522-EWN-BNB As of: 06/07/2010 09:11 PM MDT 3 of 5

10/17/2001 10/23/2001 10/24/2001 10/29/2001 10/29/2001 10/31/2001 11/06/2001 11/06/2001 11/08/2001 11/09/2001
11/13/2001 11/13/2001
11/16/2001 11/19/2001 11/20/2001 11/21/2001
12/13/2001 01/03/2002

17 REPLY in support by defendant to response to its motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 10/18/2001)
18 Unopposed MOTION by plaintiffs to amend scheduling order [10−1] (pap) (Entered: 10/24/2001)
19 MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting pla's unopposed motion to amend scheduling order [10−1] [18−1] (cc: all counsel) ; entry date : 10/25/01 (pap) (Entered: 10/25/2001)
20 MOTION by plaintiffs for leave to file surreply in opposition to dft's Motion to Dismiss (pap) (Entered: 10/30/2001)
Tendered Plas' surreply brief in opposition to dft's motion to dismiss submitted by plaintiffs re: motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (pap) (Entered: 10/30/2001)
21 RESPONSE by defendant to plas' motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (pap) (Entered: 11/01/2001)
22 MINUTE ORDER : by Judge Edward W. Nottingham granting motion for leave to file surreply in opposition to dft's Motion to Dismiss [20−1] (cc: all counsel) ; entry date : 11/7/01 (pap) (Entered: 11/07/2001)
23 SurREPLY brief in opposition by plaintiffs to dft Home Builders Assoc of Metro Denver's motion to dismiss for lack of jurisdiction [6−1] (pap) (Entered: 11/07/2001)
24 MOTION by defendant for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 (pap) (Entered: 11/09/2001)
25 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (pap) (Entered: 11/13/2001)
26 RESPONSE by plaintiffs to dft's motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (pap) (Entered: 11/13/2001)
27 MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion for extension of time in which to respond to plas' first set of interrogatories and requests for production of documents until 11/28/01 [24−1] (cc: all counsel) ; entry date : 11/14/01 (pap) (Entered: 11/14/2001)
28 Second MOTION by plaintiffs to amend scheduling order [10−1] (pap) (Entered: 11/19/2001)
29 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend scheduling order [10−1] [28−1] (pap) (Entered: 11/20/2001)
30 RESPONSE by defendant Home Bldrs Assoc Den to plas' motion to amend scheduling order [10−1] [28−1] (pap) (Entered: 11/21/2001)
31 MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend scheduling order [10−1] [28−1], deadline for joinder of parties and amendments of pleadings reset to 12/7/01 ; preliminary pretrial/status conf vacated and reset for 9:00 1/3/02 ; pto ddl reset for 12/27/01 ; settlement conf vacated and reset for 1:30 2/25/02 ; parties present shall have full authority to negotiate and settle; Confidential settlement statement due by 2/18/02; (cc: all counsel) ; entry date : 11/21/01 (pap) (Entered: 11/21/2001)
32 NOTICE of Change of Address of pla Kristin McIntosh by plaintiffs' attorney (pap) (Entered: 12/14/2001)
33 COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; preliminary pretrial/status conf held 1/3/02 ; entry date : 1/3/02 Court Reporter: BNB Civil Tape 02−01 (pap) (Entered: 01/03/2002)

Case: 1:01-cv-01522-EWN-BNB As of: 06/07/2010 09:11 PM MDT 4 of 5

01/03/2002 01/03/2002
01/14/2002 01/15/2002
01/16/2002
01/23/2002 01/24/2002 01/28/2002 01/29/2002 02/15/2002
02/25/2002 02/25/2002
02/25/2002 02/27/2002 03/19/2002 03/20/2002 03/25/2002

34 PRE−TRIAL ORDER by Magistrate Judge Boyd N. Boland; pending motions and pending discovery (cc: all counsel) (pap) (Entered: 01/03/2002)
35 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf vacated and reset for 9:00 1/23/02 ; confidential settlement statements are due on or before 1/16/02; parties present shall have full authority to negotiate and settle (cc: all counsel) ; entry date : 1/4/02 (pap) (Entered: 01/04/2002)
36 Unopposed MOTION by defendant for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 1/14/02 (pap) (Entered: 01/15/2002)
37 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 1/14/02 [36−1] (pap) (Entered: 01/15/2002)
38 MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion for an extension of time in which to disclose expert testimony under FRCP 26(a)(2) up to and including 01/28/02 [36−1] (cc: all counsel) ; entry date : 1/17/02 (pap) (Entered: 01/17/2002)
40 MEMORANDUM by Magistrate Judge Boyd N. Boland settlement conf held 1/23/02 , no settlement was reached (pap) (Entered: 01/28/2002)
39 MEMORANDUM by Magistrate Judge Boyd N. Boland ; settlement conf held 1/24/02 , no settlement reached (pap) (Entered: 01/25/2002)
41 Joint MOTION by plaintiffs and defendant to amend stipulated scheduling and discovery order [10−1] (pap) (Entered: 01/29/2002)
42 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend stipulated scheduling and discovery order [10−1] [41−1] (pap) (Entered: 01/30/2002)
43 ORDER by Magistrate Judge Boyd N. Boland regarding [41−1] joint motion to amend stipulated scheduling and discovery order [10−1]. The motion is granted to the following extent: Discovery cutoff is 2/25/02, serve written discovery by 3/6/02, expert disclosures by 2/25/02. As the mag is w/o authority to extend the dispositive motion deadline, a recommendation re: this portion of the motion has been made to Judge Nottingham. regarding [10−1] schedule order (cc: all counsel) ; entry date : 2/15/02 (gms) (Entered: 02/15/2002)
44 Joint MOTION by plaintiffs and defendant to clarify order [43−2] (pap) (Entered: 02/26/2002)
45 ORDER by Judge Edward W. Nottingham ; accepting Magistrate Judge's recommendation granting motion to amend stipulated scheduling and discovery order [10−1] [41−1] ; disp mtn ddl reset 5/6/02 (cc: all counsel) ; entry date : 2/26/02 (pap) (Entered: 02/26/2002)
46 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to clarify order [43−2] [44−1] (pap) (Entered: 02/26/2002)
47 Amended ORDER by Magistrate Judge Boyd N. Boland granting motion to clarify order [43−2] [44−1] ; discovery ddl reset 4/5/02 , see order for detailed scheduling changes (cc: all counsel) ; entry date : 2/28/02 (pap) (Entered: 02/28/2002)
48 Second Joint MOTION by plaintiffs and defendant to amend stipulated scheduling and discovery order [10−1] (pap) (Entered: 03/20/2002)
49 MEMORANDUM by Judge Edward W. Nottingham referring to Magistrate Judge Boyd N. Boland the motion to amend stipulated scheduling and discovery order [10−1] [48−1] (pap) (Entered: 03/21/2002)
50 MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend stipulated scheduling and discovery order [10−1] [48−1] ; discovery ddl reset 4/19/02 (cc: all counsel) ; entry date : 3/25/02 (pap) (Entered: 03/25/2002)

Case: 1:01-cv-01522-EWN-BNB As of: 06/07/2010 09:11 PM MDT 5 of 5

04/03/2002 04/15/2002 05/15/2002 08/09/2002 10/01/2002 10/10/2002 11/15/2002
11/15/2002 11/21/2002 11/22/2002 12/03/2002
12/06/2002 12/09/2002 03/07/2003
03/10/2003

51 Stipulated MOTION by plaintiffs and defendant to dismiss all claims of pla Joseph Ehman with prejudice (pap) (Entered: 04/03/2002)
52 Joint MOTION by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den to amend complaint [1−1] , and to certify class action , and for (order) preliminary approval of consent decree , and for a fairness hearing (pap) (Entered: 04/16/2002)
53 ORDER of dismissal with prejudice by Judge Edward W. Nottingham granting motion to dismiss all claims of pla Joseph Ehman with prejudice [51−1] dismissing party Joseph Ehman with prejudice ; each party to pay his, her or its own costs and attorneys' fees (cc: all counsel) ; entry date : 5/16/02 (pap) (Entered: 05/16/2002)
54 Joint MOTION by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den for (order) approval of amended consent decree (pap) (Entered: 08/12/2002)
55 MINUTE ORDER : by Judge Edward W. Nottingham ; status conf set for 4:00 11/15/02 (cc: all counsel) ; entry date : 10/2/02 (former empl) (Entered: 10/02/2002)
56 Joint STATUS REPORT by plas Kristin McIntosh, William Joe Beaver, and dft Home Bldrs Assoc Den (pap) (Entered: 10/11/2002)
57 COURTROOM MINUTES by Judge Edward W. Nottingham granting motion to amend complaint [1−1] [52−1], granting motion to certify class action [52−2], denying motion for (order) preliminary approval of consent decree [52−3], denying motion for a fairness hearing [52−4], denying motion to dismiss for lack of jurisdiction [6−1] ; entry date : 11/22/02 Court Reporter: Therese Lindblom (pap) (Entered: 11/22/2002)
60 AMENDED Class Action COMPLAINT [1−1] by plaintiffs (pap) (Entered: 11/27/2002)
58 Joint Submission (NOTICE) of order by plaintiffs and defendant re: minutes [57−1] (pap) (Entered: 11/25/2002)
59 MINUTE ORDER : by Judge Edward W. Nottingham setting hearing on proposed Consent Decree re: notice [58−1] 9:00 3/7/03 (cc: all counsel) ; entry date : 11/26/02 (pap) (Entered: 11/26/2002)
61 ORDER by Judge Edward W. Nottingham granting motion to amend complaint [1−1] [52−1], granting motion to certify class action [52−2], granting motion for (order) preliminary approval of consent decree [52−3], granting motion for a fairness hearing [52−4] ; in court hrg on proposed amended consent decree set for 2:00 3/7/03 granting motion for (order) approval of amended consent decree [54−1] (cc: all counsel) ; entry date : 12/3/02 (pap) (Entered: 12/03/2002)
62 Request (MOTION) by plas Kristin McIntosh, William Joe Beaver and dft Home Bldrs Assoc Den to clarify minute order [59−1] (pap) (Entered: 12/09/2002)
63 MINUTE ORDER : by Judge Edward W. Nottingham granting motion to clarify minute order [59−1] [62−1], regarding [58−1] notice, regarding [61−2] order ; in court hrg reset for 9:00 3/7/03 (cc: all counsel) ; entry date : 12/10/02 (pap) (Entered: 12/10/2002)
64 COURTROOM MINUTES by Judge Edward W. Nottingham; court executes and dates interlination today's date; with the execution and filing of the amended consent decree this case will close; regarding [54−1] motion for (order) approval of amended consent decree ; entry date : 3/10/03 Court Reporter: Therese Lindblom (pap) (Entered: 03/10/2003)
65 Amended CONSENT DECREE by Judge Edward W. Nottingham and parties; regarding [64−1] minutes terminating case (cc: all counsel) ; entry date : 3/11/03 (pap) (Entered: 03/11/2003)