Case: United States v. Stonecleave Village Association, Inc.

1:10-cv-10294 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 19, 2010

Closed Date: 2012

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Case Summary

On February 19, 2010, the United States Department of Justice filed a lawsuit in the U.S. District Court for the District of Massachusetts against a condominium association, on behalf of residents claiming familial status discrimination in violation of the Fair Housing Act, 42 U.S.C. §3601. DOJ sought injunctive, declaratory, and compensatory relief, along with civil penalties. Specifically, the U.S. claimed that the defendants enforced their "no organized sports" policy in a way that unlawful…

On February 19, 2010, the United States Department of Justice filed a lawsuit in the U.S. District Court for the District of Massachusetts against a condominium association, on behalf of residents claiming familial status discrimination in violation of the Fair Housing Act, 42 U.S.C. §3601. DOJ sought injunctive, declaratory, and compensatory relief, along with civil penalties.

Specifically, the U.S. claimed that the defendants enforced their "no organized sports" policy in a way that unlawfully discriminated against families with children. Defendants hired an attorney to levy fines against parents of children who played games such as whiffle ball and tag on the premises, and then charged those families attorneys' fees. The "no sports" policy was not enforced against adults.

On December 6, 2010, District Judge Tauro approved a two year Consent Order negotiated by the parties. In addition to generally prohibiting discrimination on the basis of familial status, the decree includes policy relating to rules infractions, an employee training program, prohibition against threats and intimidation of families whose children play in the common areas, and damages in the amount of $150,000 to the complainants and aggrieved persons.

The case was terminated on November 17, 2010.

Summary Authors

Clearinghouse (12/10/2011)

People


Judge(s)
Attorney for Plaintiff

Ortiz, Carmen M. (Massachusetts)

Rosenbaum, Steven H. (District of Columbia)

Serafyn, Jennifer A. (Massachusetts)

Singer, Elizabeth A (District of Columbia)

Attorney for Defendant

Duane, III, James J. (Massachusetts)

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Documents in the Clearinghouse

Document

1:10-cv-10294

Docket

Dec. 6, 2010

Dec. 6, 2010

Docket
1

1:10-cv-10294

Complaint

Feb. 19, 2010

Feb. 19, 2010

Complaint
19

1:10-cv-10294

Consent Order

Dec. 6, 2010

Dec. 6, 2010

Settlement Agreement

Resources

Docket

Last updated March 12, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants, filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Serafyn, Jennifer) (Additional attachment(s) added on 2/22/2010: # 3 Corrected Non−Fillable Civil Cover Sheet, # 4 Corrected Non−Fillable Category Form) (Paine, Matthew). (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings (Paine, Matthew) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

2

Summons Issued as to Stonecleave Village Association, Inc., Property Management of Andover, Inc., Elaine Romano. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Paine, Matthew) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

3

SUMMONS Returned Executed Stonecleave Village Association, Inc. served on 3/8/2010, answer due 3/29/2010. (Serafyn, Jennifer) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

4

SUMMONS Returned Executed Property Management of Andover, Inc. served on 3/8/2010, answer due 3/29/2010. (Serafyn, Jennifer) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

5

SUMMONS Returned Executed Elaine Romano served on 3/8/2010, answer due 3/29/2010. (Serafyn, Jennifer) (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

6

NOTICE of Appearance by Joshua B. Walls on behalf of Stonecleave Village Association, Inc., Property Management of Andover, Inc. (Walls, Joshua) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

7

NOTICE of Appearance by Joshua B. Walls on behalf of Elaine Romano (Walls, Joshua) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

8

CORPORATE DISCLOSURE STATEMENT by Property Management of Andover, Inc.. (Walls, Joshua) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

9

CORPORATE DISCLOSURE STATEMENT by Stonecleave Village Association, Inc.. (Walls, Joshua) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

10

NOTICE of Appearance by James J. Duane, III on behalf of Stonecleave Village Association, Inc., Property Management of Andover, Inc., Elaine Romano (Duane, James) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

11

Joint MOTION Joint Request for Reference to Mediation by United States of America.(Serafyn, Jennifer) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

12

Joint MOTION For Reference to Mediation (Corrected Version to Replace Docket Entry# 11) re 11 Joint MOTION Joint Request for Reference to Mediation by United States of America.(Serafyn, Jennifer) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

13

Assented to MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint Until 20 Days After the Completion of Mediation, if Necessary by Stonecleave Village Association, Inc., Property Management of

March 15, 2010

March 15, 2010

14

Judge Joseph L. Tauro: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Geraldino−Karasek, Clarilde) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

Electronic Notice of assignment to ADR Provider. Mag. Judge Leo T. Sorokin appointed. The court will contact counsel with regard to scheduling.(Tyler, Rebecca) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

ELECTRONIC NOTICE of ADR Conference. Alternative Dispute Resolution Hearing set for JUNE 18, 2010 AT 9:30 AM in Courtroom 24 before Magistrate Judge Leo T. Sorokin. INSTRUCTIONS − Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted BY HAND OR MAIL WITH THE COURT no later than five (5) days prior to the mediation and marked "Confidential − Not for Docketing". Counsel are requested to try and accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to notify opposing counsel and FILE AN ASSENTED TO MOTION to continue the mediation as soon as possible. Questions regarding this mediation or the mediation process should be directed to Yvonne Franklin at 617−748−9224.(Franklin, Yvonne) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

ELECTRONIC NOTICE OF RESCHEDULING. JUNE 18, 2010 HEARING IS CANCELLED. Alternative Dispute Resolution Hearing RESCHEDULED FOR JUNE 14, 2010 AT 9:30 AM in Courtroom 24 before Magistrate Judge Leo T. Sorokin. INSTRUCTIONS − Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted BY HAND OR MAIL WITH THE COURT no later than five (5) days prior to the mediation and marked "Confidential − Not for Docketing". Counsel are requested to try and accommodate this date. In the event that you believe the case is not ripe for mediation at this time, or the date poses a serious conflict, counsel are to notify opposing counsel and FILE AN ASSENTED TO MOTION to continue the mediation as soon as possible. Questions regarding this mediation or the mediation process should be directed to Yvonne Franklin at 617−748−9224.(Franklin, Yvonne) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

15

REPORT of Alternative Dispute Resolution Provider. Magistrate Judge Leo T. Sorokin reports case has settled and recommends the Court stay case for 60 days. Within that time period parties will file proposed consent judgment for District Judges review. (Franklin, Yvonne) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

16

Judge Joseph L. Tauro: SETTLEMENT ORDER OF DISMISSAL entered. (Geraldino−Karasek, Clarilde) (Entered: 10/01/2010)

Sept. 30, 2010

Sept. 30, 2010

17

STIPULATION of Dismissal as to Defendants Property Management of Andover, Inc. and Elaine Romano by United States of America. (Serafyn, Jennifer) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

Civil Case Terminated. (Geraldino−Karasek, Clarilde) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

18

Proposed Document(s) submitted by United States of America. Document received: Consent Order. (Serafyn, Jennifer) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

19

Judge Joseph L. Tauro: CONSENT ORDER entered. (Attachments: # 1 Exhibit A−C)(Geraldino−Karasek, Clarilde) (Entered: 12/07/2010)

Dec. 6, 2010

Dec. 6, 2010

Case Details

State / Territory: Massachusetts

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of families complaining of familial status discrimination in housing.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Stonecleave Village Association, Inc. (Methuen), Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 150,000

Order Duration: 2010 - 2012

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Issues

General:

Housing

Discrimination-basis:

Family discrimination