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

Clearinghouse coding complete

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)

Attorneys(s) for Plaintiff

Bodewes, Christine M. (Illinois)

Caplan, Gary Steven (Illinois)

Vinik, Nina E. (Illinois)

Attorneys(s) for Defendant

Kriss, Robert J. (Illinois)

Lee, Michael Daehyun (Illinois)

Lepri, Robert J. (Illinois)

Spiegel, Mary Ann (Illinois)

Judge(s)

Kocoras, Charles Petros (Illinois)

Attorneys(s) for Plaintiff

Bodewes, Christine M. (Illinois)

Caplan, Gary Steven (Illinois)

Vinik, Nina E. (Illinois)

Attorneys(s) for Defendant

Kriss, Robert J. (Illinois)

Lee, Michael Daehyun (Illinois)

Lepri, Robert J. (Illinois)

Spiegel, Mary Ann (Illinois)

Documents in the Clearinghouse

Document

Docket (PACER)

Milton v. Bancplus Mtge Corp

July 16, 1996 Docket
23

Memorandum Opinion

Milton v. Bancplus Mtge Corp

1996 WL 197532, 1996 U.S.Dist.LEXIS 5166

April 19, 1996 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description 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

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
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
3

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

Jan. 8, 1996
4

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

Jan. 8, 1996
5

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

Jan. 8, 1996

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

Jan. 11, 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
7

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

Jan. 11, 1996
8

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

Jan. 24, 1996
9

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

Jan. 24, 1996
10

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

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
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

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
13

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

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
16

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

Feb. 12, 1996
17

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

Feb. 12, 1996
18

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

Feb. 21, 1996
19

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

Feb. 21, 1996
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
21

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

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
23

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

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
25

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

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
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
28

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

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

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

Bancplus Mortgage Corporation (Chicago), None

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black