Case: City of Pittsburgh Commission on Human Relations v. Key Bank USA

2:04-cv-01034 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 14, 2004

Clearinghouse coding complete

Case Summary

Plaintiff, a municipal civil rights commission, filed suit in state court against the Defendant-lenders, alleging that Defendant-lenders discriminated against a married minority couple who sought a home improvement loan in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619, and the Pittsburgh city code. Defendant-lenders removed the case to the U.S. District Court for the Western District of Pennsylvania, which dismissed the Plaintiffs' FHA claim on standing grounds but remanded th…

Plaintiff, a municipal civil rights commission, filed suit in state court against the Defendant-lenders, alleging that Defendant-lenders discriminated against a married minority couple who sought a home improvement loan in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619, and the Pittsburgh city code. Defendant-lenders removed the case to the U.S. District Court for the Western District of Pennsylvania, which dismissed the Plaintiffs' FHA claim on standing grounds but remanded the claim based on violation of city code back to state court.

Defendants appealed the District Court's refusal to dismiss the city code-based claim for lack of standing. On January 24, 2006, the Third Circuit affirmed the District Court's ruling, holding that the lower court did not abuse its discretion when remanding the remaining city code-based claim to state court instead of dismissing it outright. City of Pittsburgh Comm'n on Human Relations v. Key Bank USA, 163 Fed. Appx. 163 (3d Cir. 2006).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Becker, Edward Roy (Pennsylvania)

Caiazza, Francis X. (Pennsylvania)

Nygaard, Richard Lowell (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Cercone, David S. (Pennsylvania)

Ruder, Jeffrey J. (Pennsylvania)

Attorneys(s) for Defendant

Bentz, Amy E. (Pennsylvania)

Judge(s)

Becker, Edward Roy (Pennsylvania)

Caiazza, Francis X. (Pennsylvania)

Nygaard, Richard Lowell (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Cercone, David S. (Pennsylvania)

Ruder, Jeffrey J. (Pennsylvania)

Attorneys(s) for Defendant

Bentz, Amy E. (Pennsylvania)

Documents in the Clearinghouse

Document

2:04-cv-01034

Docket [PACER]

Feb. 15, 2006

Feb. 15, 2006

Docket

05-01602

Opinion [Court of Appeals]

U. S. Court of Appeals for the Third Circuit

163 Fed.Appx. 163, 2006 WL 167446

Jan. 24, 2006

Jan. 24, 2006

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by KEY BANK USA, NATION from Court of Common Pleas of Allegheny County with copy of Complaint attached. FILING FEE $ 150.00 RECEIPT # 5161 (ces) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

2

ORDER REFERRING CASE to Magistrate Judge Francis X. Caiazza ( signed by Judge David S. Cercone on 7/27/04 ) CM all parties of record. (ces) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

3

ORDER granting extension of time to answer to 8/16/04 ( signed by Magistrate Judge Francis X. Caiazza on 7/27/04 ) CM all parties of record. (ces) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

Deadline updated; reset Answer deadline to 8/16/04 for KEY BANK USA, NATION (ces) (Entered: 07/28/2004)

July 27, 2004

July 27, 2004

5

MOTION by KEY BANK USA, NATION to Dismiss based on lack of subject matter jurisdiction with Proposed Order. (ces) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

6

BRIEF by KEY BANK USA, NATION in support of [5-1] motion to Dismiss by KEY BANK USA, NATION (ces) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

7

NOTICE Opting Out of Arbitration by KEY BANK USA, NATION, P & C REPLACEMENT WI (ces) (Entered: 08/16/2004)

Aug. 13, 2004

Aug. 13, 2004

8

ORDER, Response to Motion set to 9/17/04 for [5-1] motion to Dismiss ( signed by Magistrate Judge Francis X. Caiazza on 8/17/04 ) CM all parties of record. (ces) (Entered: 08/18/2004)

Aug. 17, 2004

Aug. 17, 2004

9

BRIEF by CITY OF PITTSBURGH C in opposition to [5-1] motion to Dismiss by KEY BANK USA, NATION (plh) (Entered: 09/16/2004)

Sept. 16, 2004

Sept. 16, 2004

10

REPORT AND RECOMMENDATION of Magistrate Judge Francis X. Caiazza signed on 12/1/04 Recommending that [5-1] motion to Dismiss be granted to the extent that it seeks dismissal of the pltf's claims under the Fair Housing Act, 42 USC Section 3601, et seq., for lack of standing. As to remaining clams based on state law, it is recommended that they be remanded to Ct. of Common Pleas of Allegheny County for further proceedings ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (ces) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

11

OBJECTIONS by CITY OF PITTSBURGH C to [10-1] report and recommendations (ces) (Entered: 12/20/2004)

Dec. 17, 2004

Dec. 17, 2004

12

RESPONSE by KEY BANK USA, NATION to [11-1] objection by CITY OF PITTSBURGH C (ces) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

13

ORDER granting [5-1] motion to Dismiss, adopting [10-1] report and recommendations and the remaining Claims are Remanded to the Court of Common Pleas of Allegheny County for Further Proceedings. ( signed by Judge David S. Cercone on 1/6/05 ) CM all parties of record. (aen) Modified on 01/07/2005 (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

Case closed (aen) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

14

NOTICE OF APPEAL by CITY OF PITTSBURGH C from [13-1] order adopting [10-1] report and recommendations dated 1/6/05 FILING FEE $ 255 RECEIPT # 1963 TPO issued. (lck) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

NOTICE of Docketing ROA from USCA Re: [14-1] appeal by CITY OF PITTSBURGH C USCA Number: 05-1399 (ces) (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

15

NOTICE OF CROSS-APPEAL by KEY BANK USA, NATION from [13-1] order adopting [10-1] report and recommendations dated 1/6/05 FILING FEE $ 255.00 RECEIPT # 2179 TPO issued. (ces) (Entered: 02/22/2005)

Feb. 18, 2005

Feb. 18, 2005

Certified copy of Notice of Cross-Appeal [15-1] cross- appeal by KEY BANK USA, NATION , certified copy of docket, certified copy of order dated 1/6/05 mailed to USCA and certified copy of Report and Recommendation dated 12/1/05; copy of Notice of Cross-Appeal and information sheet to CITY OF PITTSBURGH C, P & C REPLACEMENT WI , judge and MJ Caiazza; information sheet to appellant. (ces) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

NOTICE of Docketing ROA from USCA Re: [15-1] appeal by KEY BANK USA, NATION USCA Number: 05-1602 (ces) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

16

Transcript Purchase order re: [15-1] appeal by KEY BANK USA, NATION by KEY BANK USA, NATION indicating that no transcript on file in the D.C. Clerk's Office. (ces) (Entered: 03/10/2005)

March 9, 2005

March 9, 2005

Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA. (ces) (Entered: 03/10/2005)

March 10, 2005

March 10, 2005

RECEIPT from USCA for one cc. of docket entries filed as Certified List in Lieu of the Record. (ces) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

17

Transcript Purchase order re: [14-1] appeal by CITY OF PITTSBURGH C by CITY OF PITTSBURGH C indicating that transcript is not needed for appeal (ces) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

Record complete for Appeal purposes, certified copy of docket entries forwarded to USCA. (ces) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

RECEIPT from USCA of receiving docket entries on 3/29/05. (plh) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

18

ORDER of USCA as to [14] Notice of Appeal filed by CITY OF PITTSBURGH COMMISSION ON HUMAN RELATIONS, (chag3, )Decision: Granting Joint Motion by the Parties to Dismiss Appeal Pursuant to F.R.A.P. 42(b). (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

19

MANDATE of USCA as to [15] Notice of Appeal filed by KEY BANK USA, NATIONAL ASSOCIATION, (Attachments: # 1 opinion) (mb3, ) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

Case Details

State / Territory: Pennsylvania

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 14, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pittsburgh Commission on Human Relations, on behalf of homeowners seeking a home improvement loan who were allegedly improperly asked their race when applying for the loan.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Key Bank USA, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black