FARGO – A former home remodeling contractor, who’s been sued by a number of customers for leaving work undone, was arrested on suspicion of driving drunk early Sunday, May 13, a Fargo Police Department spokeswoman said.
Tim Rosene, 43, Moorhead, was pulled over for a traffic stop in the 2200 block of South University Drive, Officer Jessica Schindeldecker said. At 1:37 a.m., Rosene was arrested for driving under the influence and actual physical control, she said.
Rosene’s breathalyzer test indicated a blood-alcohol concentration of 0.187 percent, which is more than twice the legal driving limit of 0.08 percent, Schindeldecker said. He was then taken to the Cass County Jail.
Rosene was released after posting $650 bail, court records show. He is due to appear in court May 29.
In March, the North Dakota Attorney General’s Office sued Rosene on behalf of nine customers who were left with unfinished projects after making advance payments ranging from about $6,000 to $80,000, according to court documents.
The lawsuit was filed March 16 against Studs to Rugs and Rosene. The suit claims 43 violations of consumer protection laws, with monetary damages totalling nearly $300,000.
Rosene abruptly closed Studs to Rugs last fall. The business was experiencing financial difficulties as early as 2015, according to court documents.
The documents say Rosene tried to keep the business going by withdrawing money from his retirement account and fell behind in payments to suppliers. He also unsuccessfully sought funds through investors and loans.
Court documents say Rosene and Studs to Rugs owe “significant amounts” to suppliers and contractors and didn’t pay the last half of employee payroll.
In addition to paying back the amounts owed to homeowners, sanctions Rosene and Studs to Rugs may face include possible civil penalties of up to $5,000 for each of the 43 violations alleged in the lawsuit, plus the expenses and attorneys’ fees of the attorney general’s office.
Rosene’s attorneys filed a response to the lawsuit on April 9.
In general, the response denies assertions that there were attempts to defraud, deceive or make misrepresentations to customers.
The response admits that money is owed to suppliers, contractors and employees and says that efforts were made to complete the projects and pay suppliers and contractors of Studs to Rugs. The response also admits that each of the customers named had paid money to Studs to Rugs and did not see their projects completed.
However, the response also asserts that there is no basis for Rosene having any liability. The response asks for the lawsuit to be dismissed and payment for Rosene’s attorneys’ fees.
A request for comment from Rosene’s attorneys was not returned Monday, May 14.