United States v. Artimus Construction Inc.
| United States |
| Artimus Construction Inc. |
| 1:2023cv02770 |
| April 3, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 3601 Fair Housing Act |
| None |
Docket Report
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| Document Text |
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Filing 7
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: It is hereby AGREED, by and between the parties: Artimus and each of its officers, employees, agents, successors, and assigns, and all other persons in active concert or participation with them, agree that they will not discriminate on the basis of disability as prohibited by the FHA, 42 U.S.C. 3604. The United States alleges that Susan's Court and Chelsea Park were not designed or constructed in accordance with the FHA or the Fair Housing Accessibility Guidelines, Design Guidelines for Accessible/Adaptable Dwellings, 56 Fed. Reg. 9472 (Mar. 6, 1991) (the "Guidelines"). Artimus agrees to address the conditions alleged to be FHA violations at Susan's Court by making the modifications set forth in Appendices A-1 and B-1, and agrees to address the conditions alleged to be FHA violations at Chelsea Park by making the modifications set forth in Appendices A-2 and B-2. Within thirty (30) days of the entry of this Stipulation and Order, Artimus shall deposit in a separate account the sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) for the purpose of compensating any aggrieved persons who may have suffered as a result of discriminatory housing practices by Artimus at Susan's Court, Chelsea Park, or any Additional Property. This deposited money shall be referred to as the "Initial Settlement Fund." Within thirty (30) days of the date of entry of this Stipulation, Artimus shall pay a civil penalty of FIVE THOUSAND DOLLARS ($5,000) pursuant to 42 U.S.C. 3614(d)(1)(C) to vindicate the public interest. Artimus shall pay said sum by submitting a check made payable to the "United States of America" to the United States. This action shall be dismissed upon entry of this Stipulation and Order, subject to the right of the parties to reinstate the Action as provided in Paragraphs 20, 47, and 50 above. (Signed by Judge Paul A. Engelmayer on 4/7/2023) (rro)
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Filing 6
MEMO ENDORSEMENT on re: #4 Letter filed by United States. ENDORSEMENT: The Court thank counsel for this letter and will approve the settlement by separate order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/7/2023) (rro)
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| Filing 5 PROPOSED CONSENT ORDER. Document filed by United States. (Attachments: #1 Appendix A1, #2 Appendix A2, #3 Appendix B1, #4 Appendix B2, #5 Appendix C through J).(Kennedy, David) |
| Filing 4 LETTER addressed to Judge Paul A. Engelmayer from David J Kennedy dated April 4, 2023 re: Proposed Consent Order. Document filed by United States..(Kennedy, David) |
| Filing 3 NOTICE OF APPEARANCE by Kenneth Gary Roberts on behalf of Artimus Construction Inc...(Roberts, Kenneth) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Kennedy, David) |
| Filing 1 COMPLAINT against Artimus Construction Inc.. Document filed by United States..(Kennedy, David) |
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| Plaintiff: United States | |
| Represented By: | David J Kennedy |
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| Defendant: Artimus Construction Inc. | |
| Represented By: | Kenneth Gary Roberts |
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