Case: Gonzales v. Katchen and Company

1:15-cv-00419 | U.S. District Court for the District of Colorado

Filed Date: March 3, 2015

Closed Date: 2015

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Case Summary

On March 3, 2015, two women affected by various disabilities filed this lawsuit in the District Court of Colorado under the Fair Housing Act, 42 U.S.C. § 3601. The plaintiffs sued Katchen and Company, a real estate management company. The plaintiffs, represented by legal services counsel, asked the court for a declaration that Katchen had violated the Federal Housing Act and appropriate equitable relief, claiming that Katchen had discriminated against the plaintiffs on the basis of their respec…

Both plaintiffs suffered from various physical and mental disabilities, including post-traumatic stress disorder, depression, severe diabetes, fibromyalgia and bipolar disorder. Upon renting from Katchen, both had supplied requested documentation concerning their service animals. Months after they had occupied their respective apartments, the plaintiffs each received a "Notice to Quite for Substantial Violation," citing the building's policy against pets.

On April 30, 2015, both parties filed a notice of settlement. On June 1, 2015, the Court (Judge R. Brooke Jackson) dismissed the case, ordering each party to pay their own attorney's fees.

Under the settlement, both plaintiffs were allowed to remain in their apartments with their service animals, without threat of future eviction. The settlement is confidential.

Summary Authors

Asma Husain (9/26/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5541681/parties/gonzales-v-katchen-and-company/

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Milstein, Brandt Powers (Colorado)

Morris, Sarah (Colorado)

Attorney for Defendant

Milstein, Michael Grahame (Colorado)

Judge(s)

Jackson, Richard Brooke (Colorado)

Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Milstein, Brandt Powers (Colorado)

Morris, Sarah (Colorado)

Attorney for Defendant

Milstein, Michael Grahame (Colorado)

Sulzer, Victor Lewis (Colorado)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:15-cv-00419	Docket [PACER] Gonzales v. Katchen and Company	June 1, 2015	June 1, 2015 Docket
1 1:15-cv-00419	Complaint and Jury Demand Gonzales v. Katchen and Company	March 2, 2015	March 2, 2015 Complaint
29 1:15-cv-00419	Order on Joint Stipulation for Dismissal with Prejudice	June 1, 2015	June 1, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5541681/gonzales-v-katchen-and-company/

Last updated March 30, 2026, 4:46 a.m.

ECF Number	Date	Description	Link
1	March 2, 2015	COMPLAINT against KATCHEN AND COMPANY, George Turk, Helen Turk (Filing fee $ 400,Receipt Number 1082-4291906)Attorney Sarah Marie Morris added to party Traci Eaton(pty:pla), Attorney Sarah Marie Morris added to party Valerie Gonzales(pty:pla), filed by Traci Eaton, Valerie Gonzales. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Morris, Sarah) (Entered: 03/02/2015) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	RECAP
2	March 2, 2015	WITHDRAWN: MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Proposed Order (PDF Only))(Morris, Sarah) Modified on 3/5/2015 to withdraw per 15 tscha, ). (Entered: 03/02/2015) 1 Exhibit Exhibit 1 View on PACER 2 Exhibit Exhibit 2 View on PACER 3 Exhibit Exhibit 3 View on PACER 4 Exhibit Exhibit 4 View on PACER 5 Exhibit Exhibit 5 View on PACER 6 Exhibit Exhibit 6 View on PACER 7 Exhibit Exhibit 7 View on PACER 8 Exhibit Exhibit 8 View on PACER 9 Exhibit Exhibit 9 View on PACER 10 Exhibit Exhibit 10 View on PACER 11 Exhibit Exhibit 11 View on PACER 12 Exhibit Exhibit 12 View on PACER 13 Exhibit Exhibit 13 View on PACER 14 Exhibit Exhibit 14 View on PACER 15 Proposed Order (PDF Only) View on PACER	RECAP
3	March 2, 2015	CERTIFICATE PURSUANT TO F.R.C.P 65(B)(1)(B) AND D.C.COLO.LCivR 65.1 by Plaintiffs Traci Eaton, Valerie Gonzales. (Morris, Sarah) (Entered: 03/02/2015)	RECAP
4	March 2, 2015	NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of Traci Eaton, Valerie GonzalesAttorney Timothy Patrick Fox added to party Traci Eaton(pty:pla), Attorney Timothy Patrick Fox added to party Valerie Gonzales(pty:pla) (Fox, Timothy) (Entered: 03/02/2015)	RECAP
5	March 2, 2015	Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry. (agarc, ) (Entered: 03/02/2015)	RECAP
6	March 2, 2015	SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (agarc, ) (Entered: 03/02/2015) 1 Summons View on PACER 2 Summons View on PACER 3 Magistrate Judge Consent Form View on PACER	RECAP
7	March 3, 2015	MEMORANDUM RETURNING CASE by Judge Lewis T. Babcock. (dkals, ) (Entered: 03/03/2015)	RECAP
8	March 3, 2015	CASE REASSIGNED pursuant to 7 Memorandum Returning Case: This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 15-cv-00419-RBJ. (Text Only Entry) (dkals, ) (Entered: 03/03/2015)	RECAP
9	March 3, 2015	MINUTE ORDER re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Traci Eaton, Valerie Gonzales. The Court directs the plaintiff set this motion for a hearing with notice to the defendants. Please contact Chambers at 303-844-4694 to obtain a hearing date. By Judge R. Brooke Jackson on 3/3/2015. Text Only Entry (rbjsec.) (Entered: 03/03/2015)	RECAP
10	March 3, 2015	ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. Please see the order for details. By Judge R. Brooke Jackson on 3/3/2015. (rbjsec.) (Entered: 03/03/2015)	RECAP
11	March 4, 2015	NOTICE of Entry of Appearance Limited by Victor Lewis Sulzer on behalf of All Defendants Attorney Victor Lewis Sulzer added to party Katchen and Company(pty:dft), Attorney Victor Lewis Sulzer added to party George Turk(pty:dft), Attorney Victor Lewis Sulzer added to party Helen Turk(pty:dft) (Sulzer, Victor) (Entered: 03/04/2015)	RECAP
12	March 4, 2015	STIPULATION by Plaintiffs Traci Eaton, Valerie Gonzales. (Morris, Sarah) (Entered: 03/04/2015)	RECAP
13	March 4, 2015	MOTION to Withdraw Document re 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Proposed Order (PDF Only))(Morris, Sarah) (Entered: 03/04/2015) 1 Proposed Order (PDF Only) View on PACER	RECAP
14	March 5, 2015	ORDER granting 13 MOTION to Withdraw Document re 2 MOTION for Temporary Restraining Order and Preliminary Injunction. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry(rbjsec. ) (Entered: 03/05/2015)	RECAP
15	March 5, 2015	ORDER withdrawing 2 MOTION for Temporary Restraining Order and Preliminary Injunction. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry(rbjsec. ) (Entered: 03/05/2015)	RECAP
16	March 12, 2015	SUMMONS Returned Executed by Traci Eaton, Valerie Gonzales. Katchen and Company served on 3/3/2015, answer due 3/24/2015; George Turk served on 3/9/2015, answer due 3/30/2015; Helen Turk served on 3/9/2015, answer due 3/30/2015. (Morris, Sarah) (Entered: 03/12/2015)	RECAP
17	March 18, 2015	NOTICE of Entry of Appearance by Victor Lewis Sulzer on behalf of All Defendants (Sulzer, Victor) (Entered: 03/18/2015)	RECAP
18	March 18, 2015	Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Katchen and Company, George Turk, Helen Turk. (Attachments: # 1 Proposed Order (PDF Only))(Sulzer, Victor) (Entered: 03/18/2015) 1 Proposed Order (PDF Only) View on PACER	RECAP
19	March 19, 2015	ORDER granting 18 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Katchen and Company, George Turk, Helen Turk. The defendants' answer is now due by 4/20/2015. By Judge R. Brooke Jackson on 3/19/15. Text Only Entry(rbjsec. ) (Entered: 03/19/2015)	RECAP
20	April 16, 2015	NOTICE of Entry of Appearance and Substitution of Counsel by Michael Grahame Milstein on behalf of All Defendants Attorney Michael Grahame Milstein added to party Katchen and Company(pty:dft), Attorney Michael Grahame Milstein added to party George Turk(pty:dft), Attorney Michael Grahame Milstein added to party Helen Turk(pty:dft) (Milstein, Michael) (Entered: 04/16/2015)	RECAP
21	April 17, 2015	MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Katchen and Company, George Turk, Helen Turk. (Attachments: # 1 Proposed Order (PDF Only))(Milstein, Michael) (Entered: 04/17/2015) 1 Proposed Order (PDF Only) View on PACER	RECAP
22	April 20, 2015	ORDER granting 21 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Katchen and Company, George Turk, Helen Turk. The defendants' answer is now due by April 30, 2015. By Judge R. Brooke Jackson on 4/20/2015.(rbjsec. ) (Entered: 04/20/2015)	RECAP
23	April 30, 2015	NOTICE of Settlement by Defendants Katchen and Company, George Turk, Helen Turk (Milstein, Michael) (Entered: 04/30/2015)	RECAP
24	May 1, 2015	MINUTE ORDER re: 23 Notice of Settlement filed by George Turk, Katchen and Company, Helen Turk. In light of the notice of settlement, the Court requests that the parties file their dismissal paper on or before May 15, 2015. By Judge R. Brooke Jackson on 5/1/15. Text Only Entry (rbjsec. ) (Entered: 05/01/2015)	RECAP
25	May 15, 2015	NOTICE of Settlement Updated Notice Regarding Settlement by Defendants Katchen and Company, George Turk, Helen Turk (Milstein, Michael) (Entered: 05/15/2015)	RECAP
26	May 15, 2015	NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Michael G. Milstein has failed to comply with D.C.COLO.LCivR 5.1(a) and one or more of the following Electronic Case Filing Procedures(Civil Cases): 1.1, 1.3(f), 4.1(a), and/or 4.3, which mandate, with exceptions inapplicable here, that all documents filed in civil cases must be filed electronically, shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., No scanned documents), shall include a signature block with the filer's typed name, typed signature and must match the filers login and password (i.e. a filer may not use non-signatory's login and password to file a document). See ECF Procedure 4.3. Failure in the future to follow these procedures may lead to mandatory CM/ECF training. (Text Only Entry) (tscha, ) (Entered: 05/15/2015)	RECAP
27	May 18, 2015	MINUTE ORDER re: 25 Notice of Settlement filed by George Turk, Katchen and Company, Helen Turk. The deadline to submit a dismissal paper is extended to 5/29/15. By Judge R. Brooke Jackson on 5/18/15. Text Only Entry (rbjsec. ) (Entered: 05/18/2015)	RECAP
28	June 1, 2015	Stipulated MOTION to Dismiss with Prejudice by Plaintiffs Traci Eaton, Valerie Gonzales. (Attachments: # 1 Proposed Order (PDF Only))(Morris, Sarah) (Entered: 06/01/2015) 1 Proposed Order (PDF Only) View on PACER	RECAP
29	June 1, 2015	ORDER on 28 Motion to Dismiss. This action is hereby dismissed with prejudice. Each party shall pay their own fees and costs in connection with this action. By Judge R. Brooke Jackson on 06/01/2015. (athom, ) (Entered: 06/01/2015)	RECAP

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Case Details

State / Territory:

Colorado

Case Type(s):

Fair Housing/Lending/Insurance

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 3, 2015

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Gonzales and Eaton are "each an individual with a disability who uses a service dog, on her doctor’s advice, to assist with disability-related needs."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Private Entity/Person

Helen Turk, George Turk

Defendant Type(s):

Housing Authority

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

Other Dockets:

District of Colorado 1:15-cv-00419

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Reasonable Accommodation

Order Duration: 2015 - 2015

Issues

General/Misc.:

Housing

Disability and Disability Rights:

Depression

Least restrictive environment

Mental impairment

Mobility impairment

Reasonable Accommodations

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Gonzales v. Katchen and Company, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/14604/ (last updated 9/26/2015).