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 attrorneys, 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)

Documents in the Clearinghouse

Document

1:07-cv-10949

Docket

Nov. 18, 2009

Nov. 18, 2009

Docket

1:07-cv-10949

Class Action Complaint

Turnley v. Banc of AmericaInvestment Services, Inc.

2007 WL 2321120

May 17, 2007

May 17, 2007

Complaint
112

1:07-cv-10949

Complaint (Second Amended Complaint)

Sept. 17, 2008

Sept. 17, 2008

Complaint
111

1:07-cv-10949

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

Sept. 17, 2008

Order/Opinion
131-2

1:07-cv-10949

Settlement Agreement

July 2, 2009

July 2, 2009

Settlement Agreement
148

1:07-cv-10949

FINAL JUDGMENT AND ORDER OF DISMISSAL

Nov. 18, 2009

Nov. 18, 2009

Order/Opinion

Resources

Docket

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

Last updated Aug. 6, 2022, 3:19 a.m.

ECF Number Description Date Link 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aug. 20, 2007

PACER
24

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

Aug. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jan. 11, 2008

PACER
80

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

Jan. 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

July 18, 2008

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