Case: Turnley v. Banc of America Investment Services, Inc.

1:07-cv-10949 | U.S. District Court for the District of Massachusetts

Filed Date: May 18, 2007

Closed Date: June 30, 2009

Clearinghouse coding complete

Case Summary

On May 18, 2007 a group of African Americans filed suit in the District Court for Massachusetts against their former employer, Banc of America Investment Services, Inc. Plaintiffs alleged a variety of discriminatory practices including disparate treatment, disparate impact, retaliation, and discriminatory practice. The complaint centered on the defendant's practice of assigning black financial advisors to work almost exclusively with black premiere bankers and then assigning these teams to mi…

On May 18, 2007 a group of African Americans filed suit in the District Court for Massachusetts against their former employer, Banc of America Investment Services, Inc. Plaintiffs alleged a variety of discriminatory practices including disparate treatment, disparate impact, retaliation, and discriminatory practice. The complaint centered on the defendant's practice of assigning black financial advisors to work almost exclusively with black premiere bankers and then assigning these teams to minority communities. These communities were generally less affluent and thus presented fewer opportunities for the black employees to be successful. The result was less income and impeded progress within the company.

The defendant moved for dismissal or in the alternative transfer away from Massachusetts but on September 17, 2008 the district court (Judge Nancy Gertner) denied both motions. The parties engaged in extensive discovery and negotiations. On June 30, 2009 the parties reached a settlement agreement after mediation. The agreement required defendants to pay a sum of $7,200,000. It also provided for injunctive relief: defendant was required to develop and publicize a Non-Discrimination and Anti-Harassment Policy, provide more training, hire a Diversity Monitor, and consult with an Industrial Psychologist about the policy. The case was closed on November 18, 2009 when the district court granted class status and approved the class action settlement.

Summary Authors

Michael Perry (7/15/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273327/parties/turnley-v-banc-of-america-investment-services-inc/

Judge(s)

Gertner, Nancy (Massachusetts)

Attorneys(s) for Plaintiff

Jubenville, Matthew P. (California)

Karina Zaveri, Deval R. (California)

Khan, Major (New Jersey)

Mendoza, Niki L. (California)

Messing, Ellen J. (Massachusetts)

Robinson, Jeremy P. (New York)

Singer, Steven B. (New York)

Stewart, Darnley D. (New York)

Attorneys(s) for Defendant

Cohen, Frances S. (Massachusetts)

Judge(s)

Gertner, Nancy (Massachusetts)

Attorneys(s) for Plaintiff

Jubenville, Matthew P. (California)

Karina Zaveri, Deval R. (California)

Khan, Major (New Jersey)

Mendoza, Niki L. (California)

Messing, Ellen J. (Massachusetts)

Robinson, Jeremy P. (New York)

Singer, Steven B. (New York)

Stewart, Darnley D. (New York)

Attorneys(s) for Defendant

Cohen, Frances S. (Massachusetts)

Holden, Jennifer L. (Massachusetts)

Holder, Eric H. Jr. (District of Columbia)

Huvelle, Jeffrey G. (District of Columbia)

Kim, Sarah G. (Massachusetts)

Martin, Ralph C. II (Massachusetts)

Mee, Siobhan E. (Massachusetts)

Moran, Michael C. (Massachusetts)

Rodriques, Louis A. (Massachusetts)

Williamson, Thomas S. Jr. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket

Nov. 18, 2009 Docket

Class Action Complaint

Turnley v. Banc of AmericaInvestment Services, Inc.

2007 WL 2321120

May 17, 2007 Complaint
112

Complaint (Second Amended Complaint)

Sept. 17, 2008 Complaint
111

Opinion (Granting plaintiff's motion for leave to file a second amended complaint, denying defendant's motions to dismiss or transfer)

576 F.Supp.2d 204, 2008 U.S.Dist.LEXIS 71440

Sept. 17, 2008 Order/Opinion
131-2

Settlement Agreement

July 2, 2009 Settlement Agreement
148

FINAL JUDGMENT AND ORDER OF DISMISSAL

Nov. 18, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273327/turnley-v-banc-of-america-investment-services-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Banc of America Investment Services, INC.,, Bank of America,N.A., filed by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Civil Cover Sheet)(Johnson, Jay) (Entered: 05/18/2007)

2 Civil Cover Sheet

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May 18, 2007 PACER
2

NOTICE of Appearance by Frances S. Cohen on behalf of Banc of America Investment Services, INC.,, Bank of America,N.A. (Cohen, Frances) (Entered: 06/13/2007)

June 13, 2007 PACER
3

MOTION for Extension of Time to 8/20/07 to To answer or otherwise respond to the complaint by Banc of America Investment Services, INC.,, Bank of America,N.A..(Cohen, Frances) (Entered: 06/20/2007)

June 20, 2007 PACER
4

CORPORATE DISCLOSURE STATEMENT by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Cohen, Frances) (Entered: 06/20/2007)

June 20, 2007 PACER
5

NOTICE of Appearance by Louis A. Rodriques on behalf of Banc of America Investment Services, INC.,, Bank of America,N.A. (Rodriques, Louis) (Entered: 06/20/2007)

June 20, 2007 PACER
6

RESPONSE to Motion re 3 MOTION for Extension of Time to 8/20/07 to To answer or otherwise respond to the complaint filed by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 06/22/2007)

June 22, 2007 PACER
7

NOTICE of Appearance by Ralph C. Martin II on behalf of Banc of America Investment Services, INC.,, Bank of America,N.A. (Martin II, Ralph) (Entered: 07/03/2007)

July 3, 2007 PACER
8

NOTICE of Appearance by Michael C. Moran on behalf of Banc of America Investment Services, INC.,, Bank of America,N.A. (Moran, Michael) (Entered: 08/06/2007)

Aug. 6, 2007 PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Eric H. Holder, Jr. Filing fee $ 50, receipt number 1619005. by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Affidavit)(Moran, Michael) (Entered: 08/06/2007)

2 Affidavit

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Aug. 6, 2007 PACER
10

MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey G. Huvelle by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Affidavit)(Moran, Michael) (Entered: 08/06/2007)

2 Affidavit

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Aug. 6, 2007 PACER
11

MOTION for Leave to Appear Pro Hac Vice for admission of Thomas S. Williamson, Jr. by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Affidavit)(Moran, Michael) (Entered: 08/06/2007)

2 Affidavit

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Aug. 6, 2007 PACER
12

NOTICE issued to Attorney Eric H. Holder, Jr., Jeffrey G. Huvelle and Thomas S. Williamson, Jr. regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Gaudet, Jennifer) (Entered: 08/09/2007)

Aug. 9, 2007 PACER
13

ANSWER to Complaint by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
14

MOTION to Dismiss Count II of Plaintiffs' Complaint by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
15

MEMORANDUM in Support re 14 MOTION to Dismiss Count II of Plaintiffs' Complaint filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
16

MOTION to Transfer Case by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
17

MEMORANDUM in Support re 16 MOTION to Transfer Case filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
18

DECLARATION re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case Declaration of Lori McCarthy Lopez by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
19

DECLARATION re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case Declaration of Susan H. Walker by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
20

DECLARATION re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case Declaration of Jeffrey G. Huvelle by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
21

DECLARATION re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case Declaration of Joseph W. Carrington by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
22

DECLARATION re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case Declaration of Nancy A. Thigpen by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 08/20/2007)

Aug. 20, 2007 PACER
23

AFFIDAVIT of Frances S. Cohen re 17 Memorandum in Support of Motion, 16 MOTION to Transfer Case, 14 MOTION to Dismiss Count II of Plaintiffs' Complaint, 15 Memorandum in Support of Motion by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E)(Moran, Michael) (Entered: 08/20/2007)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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Aug. 20, 2007 PACER
24

Defendants' Request for Oral Argument Letter/request (non-motion). (Moran, Michael) (Entered: 08/24/2007)

Aug. 24, 2007 PACER
25

STIPULATION for Extension of Time by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 08/29/2007)

Aug. 29, 2007 PACER
26

MOTION for Leave to Appear Pro Hac Vice for admission of Niki L. Mendoza by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Affidavit Affidavit of Niki L. Mendoza in Support of Motion to Admit Pro Hac Vice)(Messing, Ellen) (Entered: 10/04/2007)

2 Affidavit Affidavit of Niki L. Mendoza in Support of Motion to Admit Pro Hac Vic

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Oct. 4, 2007 PACER
27

MOTION for Leave to Appear Pro Hac Vice for admission of Steven B. Singer by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Affidavit Affidavit of Steven B. Singer in Support of Motion to Admit Pro Hac Vice)(Messing, Ellen) (Entered: 10/04/2007)

2 Affidavit Affidavit of Steven B. Singer in Support of Motion to Admit Pro Hac Vi

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Oct. 4, 2007 PACER
28

STIPULATION re 17 Memorandum in Support of Motion, 13 Answer to Complaint, 16 MOTION to Transfer Case, 14 MOTION to Dismiss Count II of Plaintiffs' Complaint, 15 Memorandum in Support of Motion and (PROPOSED ORDER) for Plaintiffs to File a Single Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss and to Transfer Venue by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 10/10/2007)

Oct. 10, 2007 PACER
29

Opposition re 16 MOTION to Transfer Case, 14 MOTION to Dismiss Count II of Plaintiffs' Complaint and Request for Oral Argument filed by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 10/15/2007)

Oct. 15, 2007 PACER
30

DECLARATION OF STEVEN B. SINGER IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTIONS TO TRANSFER VENUE AND TO DISMISS COUNT II OF THE COMPLAINT by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit D# 4 Exhibit Exhibit E# 5 Exhibit Exhibit F# 6 Exhibit Exhibit G# 7 Exhibit Exhibit H# 8 Exhibit Exhibit I# 9 Exhibit Exhibit C)(Messing, Ellen) (Entered: 10/15/2007)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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9 Exhibit Exhibit I

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10 Exhibit Exhibit C

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Oct. 15, 2007 PACER
31

DECLARATION OF ELLEN J. MESSING IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTIONS TO TRANSFER VENUE AND TO DISMISS COUNT II OF THE COMPLAINT by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit Exhibit 1)(Messing, Ellen) (Entered: 10/15/2007)

2 Exhibit Exhibit 1

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Oct. 15, 2007 PACER
32

DECLARATION OF BARON H.C. FINLAYSON IN OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER VENUE by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 10/15/2007)

Oct. 15, 2007 PACER
33

DECLARATION OF TIMOTHY JOHNSON II IN OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER VENUE by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Messing, Ellen) (Entered: 10/15/2007)

Oct. 15, 2007 PACER
34

NOTICE issued to Attorney Niki L. Mendoza regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Gaudet, Jennifer) Additional attachment(s) added on 10/31/2007 (Gaudet, Jennifer). (Entered: 10/31/2007)

Oct. 31, 2007 PACER
35

MOTION to Stay Discovery by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 11/02/2007)

Nov. 2, 2007 PACER
36

AFFIDAVIT in Support re 35 MOTION to Stay Discovery by Frances S. Cohen. (Attachments: # 1 Exhibit A)(Moran, Michael) (Entered: 11/02/2007)

2 Exhibit A

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Nov. 2, 2007 PACER
37

NOTICE of Appearance by Niki L. Mendoza on behalf of Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown (Mendoza, Niki) (Entered: 11/06/2007)

Nov. 6, 2007 PACER
38

NOTICE of Appearance by Steven B. Singer on behalf of Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown (Singer, Steven) (Entered: 11/06/2007)

Nov. 6, 2007 PACER
39

REPLY to Response to Motion re 14 MOTION to Dismiss Count II of Plaintiffs' Complaint filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
40

REPLY to Response to Motion re 16 MOTION to Transfer Case filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
41

DECLARATION re 40 Reply to Response to Motion (Supplemental Declaration of Jeffrey G. Huvelle) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Exhibit A)(Moran, Michael) (Entered: 11/07/2007)

2 Exhibit A

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Nov. 7, 2007 PACER
42

DECLARATION re 40 Reply to Response to Motion (Supplemental Declaration of Joseph W. Carrington) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
43

DECLARATION re 40 Reply to Response to Motion (Declaration of Paige Green) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
44

DECLARATION re 40 Reply to Response to Motion (Declaration of David C. Ellis, Jr.) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
45

DECLARATION re 40 Reply to Response to Motion (Declaration of Jason Westmoreland) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
46

DECLARATION re 40 Reply to Response to Motion (Declaration of Robert M. Drozynski) by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
47

MOTION for Leave to Appear Pro Hac Vice for admission of Jeremy P. Robinson by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Affidavit Affidavit of Jeremy P. Robinson in Support of Motion to Admit Pro Hac Vice)(Messing, Ellen) (Entered: 11/12/2007)

2 Affidavit Affidavit of Jeremy P. Robinson in Support of Motion to Admit Pro Hac

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Nov. 12, 2007 PACER
48

MOTION for Leave to Appear Pro Hac Vice for admission of Deval R. Karina Zaveri by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Affidavit Affidavit of Deval R. Karina Zaveri in Support of Motion to Admit Pro Hac Vice)(Messing, Ellen) (Entered: 11/12/2007)

2 Affidavit Affidavit of Deval R. Karina Zaveri in Support of Motion to Admit Pro

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Nov. 12, 2007 PACER
49

MOTION for Leave to File Plaintiffs' Motion for Leave to File the [Proposed] First Amended Class Action Complaint by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown.(Singer, Steven) (Entered: 11/13/2007)

Nov. 13, 2007 PACER
50

MEMORANDUM in Support re 49 MOTION for Leave to File Plaintiffs' Motion for Leave to File the [Proposed] First Amended Class Action Complaint MOTION for Leave to File Plaintiffs' Motion for Leave to File the [Proposed] First Amended Class Action Complaint filed by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit 1: [Proposed] FIrst Amended Class Action Complaint# 2 Exhibit 2: Redline version of [Proposed] Amended Complaint)(Singer, Steven) (Entered: 11/13/2007)

2 Exhibit 1: [Proposed] FIrst Amended Class Action Complaint

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3 Exhibit 2: Redline version of [Proposed] Amended Complaint

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Nov. 13, 2007 PACER
51

NOTICE issued to Attorney Deval R. Karina Zaveri and Jeremy P. Robinson regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Gaudet, Jennifer) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
52

NOTICE of Scheduling Conference:Scheduling Conference set for 12/17/2007 03:00 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
53

MEMORANDUM in Opposition re 35 MOTION to Stay Discovery Plaintiffs' Opposition to Defendants' Motion to Stay Discovery filed by Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Singer, Steven) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
54

Joint MOTION to Continue scheduling conference to a date during the week of January 7, 2008 by Banc of America Investment Services, INC.,, Bank of America,N.A..(Cohen, Frances) (Entered: 11/27/2007)

Nov. 27, 2007 PACER
55

MEMORANDUM in Opposition re 49 MOTION for Leave to File Plaintiffs' Motion for Leave to File the [Proposed] First Amended Class Action Complaint MOTION for Leave to File Plaintiffs' Motion for Leave to File the [Proposed] First Amended Class Action Complaint as to Motion for Leave to Add Plaintiff filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 11/27/2007)

Nov. 27, 2007 PACER
56

AMENDED COMPLAINT against Banc of America Investment Services, INC.,, Bank of America,N.A. First Amended Class Action Complaint, filed by Khairi Dwayne Rahman, Timothy Johnson, II, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit A)(Singer, Steven) (Entered: 11/29/2007)

2 Exhibit A

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Nov. 29, 2007 PACER
57

STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
58

Defendants' ANSWER to 56 Amended Complaint, by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
59

MOTION to Dismiss Count II and Count III or to Sever and Transfer, MOTION to Transfer Case ( Responses due by 1/4/2008) by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
60

MEMORANDUM in Support re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case Memorandum in Support of Motion to Dismiss Count II filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
61

MEMORANDUM in Support re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case Memorandum in Support of Motion to Dismiss Count III or to Sever and Transfer filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
62

DECLARATION re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case Declaration of Thomas Schwarz by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
63

DECLARATION re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case Declaration of Robert Drozynski by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
64

MOTION for Leave to File Excess Pages For Memorandum in Support of Motion to Transfer Case or to Sever and Transfer Claims by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
65

MOTION to Transfer Case or to Sever and Transfer Claims by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
66

MEMORANDUM in Support re 65 MOTION to Transfer Case or to Sever and Transfer Claims filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
67

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Joseph Carrington by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
68

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Frances Cohen by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Moran, Michael) (Entered: 12/21/2007)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Dec. 21, 2007 PACER
69

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Jeffrey Huvelle by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
70

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Nancy Thigpen by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
71

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Lori McCarthy Lopez by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
72

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Susan Walker by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
73

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims David Ellis by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
74

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Supplemental Declaration of Joseph Carrington by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
75

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Paige Green by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
76

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Robert Drozynksi by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
77

DECLARATION re 65 MOTION to Transfer Case or to Sever and Transfer Claims Declaration of Jason Westmoreland by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
78

Joint MOTION for Leave to File Excess Pages by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown.(Mendoza, Niki) (Entered: 01/04/2008)

Jan. 4, 2008 PACER
79

MEMORANDUM in Opposition re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case, 65 MOTION to Transfer Case or to Sever and Transfer Claims Plaintiffs' Omnibus Opposition to Defendants' Renewed Motions to Dismiss and to Transfer Venue filed by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Singer, Steven) (Entered: 01/11/2008)

Jan. 11, 2008 PACER
80

JOINT STATEMENT re scheduling conference (Joint Case Management Statement). (Moran, Michael) (Entered: 01/23/2008)

Jan. 23, 2008 PACER
81

MOTION for Leave to File Reply Brief by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Defendants' Omnibus Reply Memorandum in Support of Their Motions to Dismiss and to Transfer Case)(Moran, Michael) (Entered: 01/24/2008)

2 Defendants' Omnibus Reply Memorandum in Support of Their Motions to Dismis

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Jan. 24, 2008 PACER
82

Letter/request (non-motion) from Frances S. Cohen re: 1/30/2008 case management conference. (Gaudet, Jennifer) (Gaudet, Jennifer). (Entered: 01/28/2008)

Jan. 28, 2008 PACER
83

Opposition re 81 MOTION for Leave to File Reply Brief Plaintiffs' Opposition to Defendants' Motion for Leave to File Reply Brief, or in the Alternative, Request for Leave to File Sur-Reply filed by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit Plaintiffs' Sur-Reply to Defendants' Omnibus Reply Memorandum in Support of Their Motions to Dismiss and to Transfer Case)(Mendoza, Niki) (Entered: 01/29/2008)

2 Exhibit Plaintiffs' Sur-Reply to Defendants' Omnibus Reply Memorandum

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Jan. 29, 2008 PACER
84

TRANSCRIPT of Motion Hearing held on January 30, 2008 before Judge Gertner. Court Reporter: Valerie A. O'Hara. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at 617/737-2346 or the Clerk's Office. (Scalfani, Deborah) (Entered: 02/04/2008)

Feb. 4, 2008 PACER
85

JOINT STATEMENT re scheduling conference Amended Joint Case Management Statement and [Proposed] Order. (Singer, Steven) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
86

STIPULATION Joint Stipulation and [Proposed] Protective Order by Timothy Johnson, II, Banc of America Investment Services, INC.,, Bank of America,N.A., Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Singer, Steven) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
87

Letter/request (non-motion) from Steven B. Singer re: Ms. Cohen's es parte letter. (Gaudet, Jennifer) (Entered: 02/13/2008)

Feb. 13, 2008 PACER
88

MOTION for Leave to File Supplemental Memorandum in Opposition to Defendants' Renewed Motions to Dismiss and to Transfer Venue by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit A: Plaintiffs' Supplemental Memorandum in Opposition to Defendants' Renewed Motions to Dismiss and to Transfer Venue)(Singer, Steven) (Entered: 02/26/2008)

2 Exhibit A: Plaintiffs' Supplemental Memorandum in Opposition to Defendants&

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Feb. 26, 2008 PACER
89

Response by Banc of America Investment Services, INC.,, Bank of America,N.A. to Plaintiffs' Supplemental Memorandum in Opposition to Defendants' Renewed Motions to Dismiss and to Transfer Venue. (Moran, Michael) (Entered: 03/05/2008)

March 5, 2008 PACER
90

REPLY to Response to 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case, 65 MOTION to Transfer Case or to Sever and Transfer Claims filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Moran, Michael) (Entered: 03/06/2008)

March 6, 2008 PACER
91

Supplemental MEMORANDUM in Opposition re 59 MOTION to Dismiss Count II and Count III or to Sever and Transfer MOTION to Transfer Case, 65 MOTION to Transfer Case or to Sever and Transfer Claims filed by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Singer, Steven) (Entered: 03/06/2008)

March 6, 2008 PACER
92

MOTION for Leave to File the [Proposed] Second Amended Class Action Complaint by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown.(Singer, Steven) (Entered: 04/07/2008)

April 7, 2008 PACER
93

MEMORANDUM in Support re 92 MOTION for Leave to File the [Proposed] Second Amended Class Action Complaint filed by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit 1: [Proposed] Second Amended Complaint, # 2 Exhibit 2: Redline of [Proposed} Second Amended Complaint)(Singer, Steven) (Entered: 04/07/2008)

2 Exhibit 1: [Proposed] Second Amended Complaint

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3 Exhibit 2: Redline of [Proposed} Second Amended Complaint

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April 7, 2008 PACER
94

Opposition re 92 MOTION for Leave to File the [Proposed] Second Amended Class Action Complaint filed by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Cohen, Frances) (Entered: 04/17/2008)

April 17, 2008 PACER
95

NOTICE by Banc of America Investment Services, INC.,, Bank of America,N.A. re 84 Transcript, Scheduling Conference, Motion Hearing,,,, Defendants' Report Regarding Discovery Progress (Cohen, Frances) (Entered: 05/15/2008)

May 15, 2008 PACER
96

NOTICE of Change of Address or Firm Name by Frances S. Cohen (Cohen, Frances) (Entered: 05/21/2008)

May 21, 2008 PACER
97

MOTION to Amend Case Management Deadlines by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Attachments: # 1 Exhibit A)(Cohen, Frances) (Additional attachment(s) added on 6/16/2008: # 2 Signed Main Document) (Gaudet, Jennifer). (Entered: 05/30/2008)

2 Exhibit A

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3 Signed Main Document

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May 30, 2008 PACER
98

MOTION for Leave to Appear Pro Hac Vice for admission of Matthew P. Jubenville by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Affidavit Affidavit of Matthew Jubenville in Support of Motion to Admit Pro Hac Vice)(Messing, Ellen) (Entered: 06/02/2008)

2 Affidavit Affidavit of Matthew Jubenville in Support of Motion to Admit Pro Hac

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June 2, 2008 PACER
99

RESPONSE to Motion re 97 MOTION to Amend Case Management Deadlines filed by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Exhibit A)(Mendoza, Niki) (Entered: 06/03/2008)

2 Exhibit A

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June 3, 2008 PACER
100

MOTION for Protective Order by Timothy Johnson, II, Khairi Dwayne Rahman, Richard Turnley, III, Baron H.C. Finlayson, Coleen Alecia Hinds, Mark Anthony Brown. (Attachments: # 1 Declaration of Matthew P. Jubenville in Support of Plaintiffs' Motion for Protective Order, # 2 Exs. A-B, # 3 Exs. C-D, # 4 Exs. E-F, # 5 Exs. G-J, # 6 Exs. K-N, # 7 Exs. O-S, # 8 Exs. T-V, # 9 Exs. W-Z)(Jubenville, Matthew) (Entered: 07/18/2008)

2 Declaration of Matthew P. Jubenville in Support of Plaintiffs' Motion for

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3 Exs. A-B

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4 Exs. C-D

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5 Exs. E-F

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6 Exs. G-J

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7 Exs. K-N

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8 Exs. O-S

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9 Exs. T-V

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10 Exs. W-Z

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July 18, 2008 PACER

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: May 18, 2007

Closing Date: June 30, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American employees

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bank of America (Charlotte), Private Entity/Person

Banc of America Investment Services, Inc. (Plantation), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $7,200,000

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Issues

General:

Disparate Impact

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Training

Discrimination-basis:

Race discrimination

Race:

Black