Case: USAA Federal Savings Bank v. Pennsylvania Human Relations Commission

2:10-cv-07220 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 13, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On December 13, 2010, the USAA Federal Savings Bank filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the Pennsylvania Human Relations Commission requesting injunctive and declaratory relief due to allegations of non-compliance with the federal Homeowners' Loan Act. Specifically, The Pennsylvania Human Relations Commission had received a complaint, in June 2009, from an individual that USAA Federal Savings Bank had discriminated against her w…

On December 13, 2010, the USAA Federal Savings Bank filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the Pennsylvania Human Relations Commission requesting injunctive and declaratory relief due to allegations of non-compliance with the federal Homeowners' Loan Act.

Specifically, The Pennsylvania Human Relations Commission had received a complaint, in June 2009, from an individual that USAA Federal Savings Bank had discriminated against her when they had denied the cash out refinancing loan on her investment property. In order to investigate this complaint, the Pennsylvania Human Relations Commission attempted to retrieve documents to look into the USAA Federal Saving Bank's lending practices. Rather than turn over documentation to the Pennsylvania Human Relations Commission, USAA Federal Savings Bank filed this lawsuit under the argument that only the Office of Thrift Supervision, USAA's federal regulator at the time of the lawsuit, can oversee the USAA's lending practices.

The Pennsylvania Human Relations Commission filed a motion to dismiss on February 7, 2011. On February 10, 2011, the court [Judge Timothy J. Savage] requested that both parties file motions for summary judgment.

On April 28, 2011, the United States filed a statement of interest in this matter in which it stated that the Pennsylvania Human Relations Commission's motion for summary

judgment dismissing USAA Federal Savings Bank's lawsuit should be granted, and USAA's motion for summary judgment should be denied. The United States also stated that the Pennsylvania Human Relations Commission, as a state agency certified by the United States Department of Housing and Urban Development to enforce a state fair housing law substantially equivalent to the Fair Housing Act (FHA), is authorized by the FHA to investigate lending discrimination complaints as a matter of law.

After completing oral arguments on August 10, 2011, the court [Judge Timothy J. Savage] issued an order granting the Pennsylvania Human Relations Commission's motion for summary judgment on August 23, 2011. The court concluded that the Pennsylvania Human Relations Commission's investigation, pursuant to the Pennsylvania Human Relations Act, was not preempted by federal law. Rather, it was mandated by federal law. (2011 WL 3715056). On August 31, 2011, the court dismissed the case.

Summary Authors

Megan Richardson (12/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4969882/parties/usaa-federal-savings-bank-v-pennsylvania-human-relations-commission/


Judge(s)

Savage, Timothy J. (Pennsylvania)

Attorneys(s) for Plaintiff

Bryce, Martin C Jr. (Pennsylvania)

Kaplinsky, Alan S. (Pennsylvania)

Mehta, Tejal K. (Pennsylvania)

Attorneys(s) for Defendant

Hancock, Ryan Allen (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Nier, Charles Lewis (Pennsylvania)

Other Attorney(s)

Active

Expert/Monitor/Master

Memeger, Zane D. (Pennsylvania)

Mosteller, Daniel P. (District of Columbia)

Judge(s)

Savage, Timothy J. (Pennsylvania)

Attorneys(s) for Plaintiff

Bryce, Martin C Jr. (Pennsylvania)

Kaplinsky, Alan S. (Pennsylvania)

Mehta, Tejal K. (Pennsylvania)

Attorneys(s) for Defendant

Hancock, Ryan Allen (Pennsylvania)

Kramer, Barry N. (Pennsylvania)

Nier, Charles Lewis (Pennsylvania)

Other Attorney(s)

Blume, Michael S. (Pennsylvania)

Expert/Monitor/Master

Memeger, Zane D. (Pennsylvania)

Mosteller, Daniel P. (District of Columbia)

Murphy, Donna M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Aug. 31, 2011 Docket
1

Verified Complaint for Injunctive and Declaratory Relief

Dec. 13, 2010 Complaint
17

Statement of Interest of the United States

April 28, 2011 Monitor/Expert/Receiver Report
22

Memorandum Opinion

2011 WL 3715113

Aug. 23, 2011 Order/Opinion
23

Order

USAA Federal Savings Bank v. Pennsylvania Human Relations Commisson

2011 WL 3715056

Aug. 23, 2011 Order/Opinion
26

Order

Aug. 31, 2011 Order/Opinion

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4969882/usaa-federal-savings-bank-v-pennsylvania-human-relations-commission/

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

ECF Number Description Date Link
22

MEMORANDUM AND OPINION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/23/11. 8/24/11 ENTERED AND COPIES E-MAILED.(fdc)

Aug. 23, 2011 RECAP
23

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. NO LATER THAN 8/30/11, THE PARTIES SHALL SUBMIT A PROPOSED ORDER CONSISTENT WITH THE MEMORANDUM OPINION ACCOMPANYING THIS ORDER. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/23/11. 8/24/11 ENTERED AND COPIES E-MAILED.(fdc)

Aug. 23, 2011 RECAP

State / Territory: Pennsylvania

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Dec. 13, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

USAA Federal Savings Bank is a federal savings association.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Human Relations Commission (Philadelphia, Philadelphia), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Lending