Case: Milton v. Bancplus Mortgage Corporation

1:96-cv-00106 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 5, 1996

Closed Date: June 10, 1996

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Case Summary

Plaintiff-loan applicant filed suit in the U.S. District Court for the District of Northern Illinois on January 5, 1996, alleging that the Defendant-lender had violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; the Fair Housing Act (FHA), 42 U.S.C. 3601-19; federal civil rights statutes, 42 U.S.C. 1981, 1982; and the Illinois Fairness in Lending Act, 815 Ill. Comp. Stat. 120/1. The Plaintiff, an African-American man living in a predominantly African-American neighborhood, had app…

Plaintiff-loan applicant filed suit in the U.S. District Court for the District of Northern Illinois on January 5, 1996, alleging that the Defendant-lender had violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; the Fair Housing Act (FHA), 42 U.S.C. 3601-19; federal civil rights statutes, 42 U.S.C. 1981, 1982; and the Illinois Fairness in Lending Act, 815 Ill. Comp. Stat. 120/1. The Plaintiff, an African-American man living in a predominantly African-American neighborhood, had applied for a home refinancing loan. The Plaintiff alleged that he was credit-worthy and that his loan was rejected for race-based reasons after an unusual delay.

On April 16, 1996, U.S. District Court Judge Charles P. Kocoras denied the Defendants' motion to dismiss the ECOA, 1981 and 1982, and FHA claims, finding that the Plaintiff's Complaint adequately alleged that he had been treated differently than similarly situated white applicants. Judge Kocoras granted the Defendants motion to dismiss the Illinois state law claim based on lack of subject matter jurisdiction. Milton v. Bancplus Mortg. Corp., 1996 U.S. Dist. LEXIS 5166 (N.D. Ill. Apr. 18, 1996). The parties entered into a settlement agreement on June 10, 1996, and the Plaintiff voluntarily dismissed the case.

Summary Authors

Andrew Nash (6/2/2008)

People

Judge(s)

Kocoras, Charles Petros (Illinois)

Attorney for Plaintiff

Bodewes, Christine M. (Illinois)

Caplan, Gary Steven (Illinois)

Attorney for Defendant

Kriss, Robert J. (Illinois)

Lee, Michael Daehyun (Illinois)

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Documents in the Clearinghouse

Document

1:96-cv-00106

Docket (PACER)

Milton v. Bancplus Mtge Corp

July 16, 1996

July 16, 1996

Docket
23

1:96-cv-00106

Memorandum Opinion

Milton v. Bancplus Mtge Corp

April 19, 1996

April 19, 1996

Order/Opinion

1996 WL 197532

Docket

Last updated March 24, 2025, 8:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - with Rule 39 ( two originals and two copies summons(es) issued.) ( Documents: 1-1 through 1-2) (fce) (Entered: 01/11/1996)

Jan. 5, 1996

Jan. 5, 1996

RECEIPT regarding payment of filing fee paid; on 1/5/96 in the amount of $ 120.00, receipt # 467023. (fce) (Entered: 01/11/1996)

Jan. 5, 1996

Jan. 5, 1996

2

ATTORNEY APPEARANCE for plaintiff Donald L Milton by Gary S. Caplan, Christine M. Bodewes, Nina E. Vinik (Temporarily unavailable for docketing) (eav) (Entered: 01/17/1996)

Jan. 8, 1996

Jan. 8, 1996

3

RULE 39 Affidavit of Gary Steven Caplan (Temporarily unavailable for docketing) (eav) (Entered: 01/17/1996)

Jan. 8, 1996

Jan. 8, 1996

4

RULE 39 Affidavit of Christine M. Bodewes (Temporarily unavailable for docketing) (eav) (Entered: 01/17/1996)

Jan. 8, 1996

Jan. 8, 1996

5

RULE 39 Affidavit of Nina E. Vinik (Temporarily unavailable for docketing) (eav) (Entered: 01/17/1996)

Jan. 8, 1996

Jan. 8, 1996

6

RETURN OF SERVICE of summons executed upon defendant Bancplus Mtge Corp on 01/09/96 (Attachment) (eav) (Entered: 01/17/1996)

Jan. 11, 1996

Jan. 11, 1996

7

RETURN OF SERVICE of summons executed upon defendant Lisa Stillwell on 1/10/96 (eav) (Entered: 01/17/1996)

Jan. 11, 1996

Jan. 11, 1996

RULE 39 letter mailed to Christine M. Bodewes, Gary Steven Caplan (fce) (Entered: 01/11/1996)

Jan. 11, 1996

Jan. 11, 1996

8

ATTORNEY APPEARANCE for defendants by Robert J. Lepri, Michael Daehyun Lee (eav) (Entered: 01/25/1996)

Jan. 24, 1996

Jan. 24, 1996

9

RULE 39 Affidavit of Robert J. Lepri (eav) (Entered: 01/25/1996)

Jan. 24, 1996

Jan. 24, 1996

10

RULE 39 Affidavit of Michael Daehyun Lee (eav) (Entered: 01/25/1996)

Jan. 24, 1996

Jan. 24, 1996

11

MOTION by defendants Bancplus Mtge Corp, Lisa Stillwell to extend time to answer or otherwise plead ; Notice of motion (eav) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

12

MINUTE ORDER of 1/29/96 by Hon. Charles P. Kocoras : Defendants' motion for an extension of time to 02/20/96 to answer or otherwise plead is granted. [11-1] Telephoned notice (eav) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

SCHEDULE set on 1/30/96 by Hon. Charles P. Kocoras : Status hearing set to 9:30 2/21/96 . Mailed notice (sct) (Entered: 01/30/1996)

Jan. 30, 1996

Jan. 30, 1996

13

MOTION by defendants for substitution of counsel ; Notice of motion (eav) (Entered: 02/13/1996)

Feb. 12, 1996

Feb. 12, 1996

14

MINUTE ORDER of 2/12/96 by Hon. Charles P. Kocoras : Defendants' motion for substitution of counsel is granted. [13-1] Robert J. Lepri and Michael Daehyun Lee are given leave to withdraw their appearance, and Robert Kriss and MaryAnn Spiegel are given leave to file their appearance as counsel for defendants. Mailed notice (eav) (Entered: 02/13/1996)

Feb. 12, 1996

Feb. 12, 1996

16

RULE 39 Affidavit of Robert J. Kriss (eav) (Entered: 02/13/1996)

Feb. 12, 1996

Feb. 12, 1996

17

RULE 39 Affidavit of Mary Ann Spiegel (eav) (Entered: 02/13/1996)

Feb. 12, 1996

Feb. 12, 1996

18

MOTION by defendants to dismiss complaint ; Notice of motion (eav) (Entered: 02/22/1996)

Feb. 21, 1996

Feb. 21, 1996

19

MEMORANDUM by defendants in support of motion to dismiss [18-1] (Attachments) (eav) (Entered: 02/22/1996)

Feb. 21, 1996

Feb. 21, 1996

20

MINUTE ORDER of 2/21/96 by Hon. Charles P. Kocoras : Defendants' motion to dismiss. Answer brief to motion due 03/13/96. [18-1] Reply to answer brief due 03/27/96. Ruling on motion to dismiss set for 04/18/96 at 9:30 a.m. Status hearing held. Mailed notice (eav) (Entered: 02/22/1996)

Feb. 21, 1996

Feb. 21, 1996

21

MEMORANDUM by plaintiff in opposition to motion to dismiss [18-1] (eav) (Entered: 03/14/1996)

March 13, 1996

March 13, 1996

22

REPLY MEMORANDUM by defendants in support of defendants' to motion to dismiss (Exhibits); Notice of filing. [18-1] (tlm) (Entered: 03/28/1996)

March 27, 1996

March 27, 1996

23

MEMORANDUM, OPINION, AND ORDER (tlm) (Entered: 04/19/1996)

April 18, 1996

April 18, 1996

24

MINUTE ORDER of 4/18/96 by Hon. Charles P. Kocoras : Status hearing set to 9:30 5/8/96. Enter Memorandum Opinion: Defendants' motion to dismiss [18-1] is granted in part and denied in part. Mailed notice (tlm) (Entered: 04/19/1996)

April 18, 1996

April 18, 1996

25

ANSWER to complaint by defendants; Notice of filing (fce) (Entered: 05/09/1996)

May 8, 1996

May 8, 1996

26

MINUTE ORDER of 5/8/96 by Hon. Charles P. Kocoras : Status hearing held; continued to 06/10/96 at 9:30 a.m. If this case is not settled prior to 06/10/96, then the parties are to submit by 06/08/96 a proposed joint discovery schedule. Mailed notice (fce) (Entered: 05/09/1996)

May 8, 1996

May 8, 1996

27

MINUTE ORDER of 6/10/96 by Hon. Charles P. Kocoras : Status hearing held. Cause is hereby dismissed with leave to reinstate within 30 days if settlement is not effectuated. terminating case Mailed notice (tlm) (Entered: 06/11/1996)

June 10, 1996

June 10, 1996

28

MOTION by plaintiff to reinstate the case (Attachment); Notice of motion. (tlm) (Entered: 07/17/1996)

July 10, 1996

July 10, 1996

29

MINUTE ORDER of 7/16/96 by Hon. Charles P. Kocoras : Plaintiff's motion to reinstate [28-1] is withdrawn in its entirety. Mailed notice (tlm) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

Case Details

State / Territory:

Illinois

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Jan. 5, 1996

Closing Date: June 10, 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American male who owned a home in Chicago's Roseland Neighborhood since 1986 who contacted the defendant in order to acquire a conventional loan or "FHA" loan to refinance his mortgage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Other

Bancplus Mortgage Corporation

Case Details

Causes of Action:

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

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

Other Dockets:

Northern District of Illinois 1:96-cv-00106

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination Area:

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

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