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

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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…

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)

Attorney for Plaintiff

Attorney for Defendant

Cohen, Frances S. (Massachusetts)

Hamilton, W. Russell (Massachusetts)

Holden, Jennifer L. (Massachusetts)

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

Judge(s)

Gertner, Nancy (Massachusetts)

Attorney 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)

Zaveri, Deval R. (Massachusetts)

Attorney for Defendant

Cohen, Frances S. (Massachusetts)

Hamilton, W. Russell (Massachusetts)

Holden, Jennifer L. (Massachusetts)

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

Huvelle, Jeffrey G. (District of Columbia)

Kennedy, J. Patrick (Massachusetts)

Kim, Sarah G. (Massachusetts)

Martin, Ralph C. II (Massachusetts)

Mee, Siobhan E. (Massachusetts)

Moran, Michael C. (Massachusetts)

Randall, Donn A. (Massachusetts)

Rodriques, Louis A. (Massachusetts)

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

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:07-cv-10949	Docket	Nov. 18, 2009	Nov. 18, 2009 Docket
1:07-cv-10949	Class Action Complaint	May 17, 2007	May 17, 2007 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)	Sept. 17, 2008	Sept. 17, 2008 Order/Opinion 576 F.Supp.2d 204
112 1:07-cv-10949	Complaint (Second Amended Complaint)	Sept. 17, 2008	Sept. 17, 2008 Complaint
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

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Docket

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

Last updated Aug. 25, 2026, 1:31 p.m.

Docket for: Turnley v. Banc of America Investment Services, INC.

ECF Number	Date	Description	Link
1	May 18, 2007	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 View on PACER	RECAP
2	June 13, 2007	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)	RECAP
3	June 20, 2007	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)	RECAP
4	June 20, 2007	CORPORATE DISCLOSURE STATEMENT by Banc of America Investment Services, INC.,, Bank of America,N.A.. (Cohen, Frances) (Entered: 06/20/2007)	RECAP
5	June 20, 2007	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)	RECAP
6	June 22, 2007	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)	RECAP
7	July 3, 2007	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)	RECAP
8	Aug. 6, 2007	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)	RECAP
9	Aug. 6, 2007	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 View on PACER	RECAP
10	Aug. 6, 2007	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 View on PACER	RECAP
11	Aug. 6, 2007	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 View on PACER	RECAP
12	Aug. 9, 2007	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)	RECAP
13	Aug. 20, 2007	ANSWER to Complaint by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 08/20/2007)	RECAP
14	Aug. 20, 2007	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)	RECAP
15	Aug. 20, 2007	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)	RECAP
16	Aug. 20, 2007	MOTION to Transfer Case by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 08/20/2007)	RECAP
17	Aug. 20, 2007	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)	RECAP
18	Aug. 20, 2007	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)	RECAP
19	Aug. 20, 2007	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)	RECAP
20	Aug. 20, 2007	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)	RECAP
21	Aug. 20, 2007	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)	RECAP
22	Aug. 20, 2007	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)	RECAP
23	Aug. 20, 2007	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 View on PACER 3 Exhibit Exhibit B View on PACER 4 Exhibit Exhibit C View on PACER 5 Exhibit Exhibit D View on PACER 6 Exhibit Exhibit E View on PACER	RECAP
24	Aug. 24, 2007	Defendants' Request for Oral Argument Letter/request (non-motion). (Moran, Michael) (Entered: 08/24/2007)	RECAP
25	Aug. 29, 2007	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)	RECAP
26	Oct. 4, 2007	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 View on PACER	RECAP
27	Oct. 4, 2007	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 View on PACER	RECAP
28	Oct. 10, 2007	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)	RECAP
29	Oct. 15, 2007	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)	RECAP
30	Oct. 15, 2007	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 View on PACER 3 Exhibit Exhibit B View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER 6 Exhibit Exhibit F View on PACER 7 Exhibit Exhibit G View on PACER 8 Exhibit Exhibit H View on PACER 9 Exhibit Exhibit I View on PACER 10 Exhibit Exhibit C View on PACER	RECAP
31	Oct. 15, 2007	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 View on PACER	RECAP
32	Oct. 15, 2007	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)	RECAP
33	Oct. 15, 2007	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)	RECAP
34	Oct. 31, 2007	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)	RECAP
35	Nov. 2, 2007	MOTION to Stay Discovery by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 11/02/2007)	RECAP
36	Nov. 2, 2007	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 View on PACER	RECAP
37	Nov. 6, 2007	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)	RECAP
38	Nov. 6, 2007	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)	RECAP
39	Nov. 7, 2007	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)	RECAP
40	Nov. 7, 2007	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)	RECAP
41	Nov. 7, 2007	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 View on PACER	RECAP
42	Nov. 7, 2007	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)	RECAP
43	Nov. 7, 2007	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)	RECAP
44	Nov. 7, 2007	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)	RECAP
45	Nov. 7, 2007	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)	RECAP
46	Nov. 7, 2007	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)	RECAP
47	Nov. 12, 2007	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 View on PACER	RECAP
48	Nov. 12, 2007	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 View on PACER	RECAP
49	Nov. 13, 2007	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)	RECAP
50	Nov. 13, 2007	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 View on PACER 3 Exhibit 2: Redline version of [Proposed] Amended Complaint View on PACER	RECAP
51	Nov. 16, 2007	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)	RECAP
52	Nov. 16, 2007	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)	RECAP
53	Nov. 16, 2007	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)	RECAP
54	Nov. 27, 2007	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)	RECAP
55	Nov. 27, 2007	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)	RECAP
56	Nov. 29, 2007	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 View on PACER	RECAP
57	Dec. 13, 2007	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)	RECAP
58	Dec. 21, 2007	Defendants' ANSWER to 56 Amended Complaint, by Banc of America Investment Services, INC.,, Bank of America,N.A..(Moran, Michael) (Entered: 12/21/2007)	RECAP
59	Dec. 21, 2007	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)	RECAP
60	Dec. 21, 2007	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)	RECAP
61	Dec. 21, 2007	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)	RECAP
62	Dec. 21, 2007	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)	RECAP
63	Dec. 21, 2007	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)	RECAP
64	Dec. 21, 2007	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)	RECAP
65	Dec. 21, 2007	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)	RECAP
66	Dec. 21, 2007	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)	RECAP
67	Dec. 21, 2007	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)	RECAP
68	Dec. 21, 2007	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 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER	RECAP
69	Dec. 21, 2007	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)	RECAP
70	Dec. 21, 2007	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)	RECAP
71	Dec. 21, 2007	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)	RECAP
72	Dec. 21, 2007	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)	RECAP
73	Dec. 21, 2007	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)	RECAP
74	Dec. 21, 2007	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)	RECAP
75	Dec. 21, 2007	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)	RECAP
76	Dec. 21, 2007	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)	RECAP
77	Dec. 21, 2007	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)	RECAP
78	Jan. 4, 2008	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)	RECAP
79	Jan. 11, 2008	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)	RECAP
80	Jan. 23, 2008	JOINT STATEMENT re scheduling conference (Joint Case Management Statement). (Moran, Michael) (Entered: 01/23/2008)	RECAP
81	Jan. 24, 2008	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 View on PACER	RECAP
82	Jan. 28, 2008	Letter/request (non-motion) from Frances S. Cohen re: 1/30/2008 case management conference. (Gaudet, Jennifer) (Gaudet, Jennifer). (Entered: 01/28/2008)	RECAP
83	Jan. 29, 2008	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 View on PACER	RECAP
84	Feb. 4, 2008	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)	RECAP
85	Feb. 8, 2008	JOINT STATEMENT re scheduling conference Amended Joint Case Management Statement and [Proposed] Order. (Singer, Steven) (Entered: 02/08/2008)	RECAP
86	Feb. 8, 2008	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)	RECAP
87	Feb. 13, 2008	Letter/request (non-motion) from Steven B. Singer re: Ms. Cohen's es parte letter. (Gaudet, Jennifer) (Entered: 02/13/2008)	RECAP
88	Feb. 26, 2008	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& View on PACER	RECAP
89	March 5, 2008	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)	RECAP
90	March 6, 2008	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)	RECAP
91	March 6, 2008	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)	RECAP
92	April 7, 2008	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)	RECAP
93	April 7, 2008	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 View on PACER 3 Exhibit 2: Redline of [Proposed} Second Amended Complaint View on PACER	RECAP
94	April 17, 2008	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)	RECAP
95	May 15, 2008	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)	RECAP
96	May 21, 2008	NOTICE of Change of Address or Firm Name by Frances S. Cohen (Cohen, Frances) (Entered: 05/21/2008)	RECAP
97	May 30, 2008	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 View on PACER 3 Signed Main Document View on PACER	RECAP
98	June 2, 2008	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 View on PACER	RECAP
99	June 3, 2008	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 View on PACER	RECAP
100	July 18, 2008	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 View on PACER 3 Exs. A-B View on PACER 4 Exs. C-D View on PACER 5 Exs. E-F View on PACER 6 Exs. G-J View on PACER 7 Exs. K-N View on PACER 8 Exs. O-S View on PACER 9 Exs. T-V View on PACER 10 Exs. W-Z View on PACER	RECAP

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

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

Private Entity/Person

Banc of America Investment Services, Inc.

Bank of America

Case Details

Causes of Action:

42 U.S.C. § 1981

State Anti-Discrimination Law

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

Other Dockets:

District of Massachusetts 1:07-cv-10949

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Provide antidiscrimination training

Amount Defendant Pays: $7,200,000

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

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

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation

Case Summary of Turnley v. Banc of America Investment Services, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/11546/ (last updated 7/15/2010).