Case: Miller v. Countrywide

1:07-cv-11275 | U.S. District Court for the District of Massachusetts

Filed Date: July 12, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 12, 2007, four black homeowners filed this lawsuit, individually and on behalf of a class of all others similarly situated in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries (Countrywide), alleging violations of the Equal Credit Opportunity Act, 15 U.S.C. § 1691 (ECOA), and the Fair Housing Act, 42 U.S.C. § 3601 et seq. (FHA). The plaintiffs, represented by private counsel, asked the court for declaratory and inj…

On July 12, 2007, four black homeowners filed this lawsuit, individually and on behalf of a class of all others similarly situated in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries (Countrywide), alleging violations of the Equal Credit Opportunity Act, 15 U.S.C. § 1691 (ECOA), and the Fair Housing Act, 42 U.S.C. § 3601 et seq. (FHA).

The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, disgorgement, and restitution of monies disparately obtained from black borrowers, claiming that Countrywide's home financing policies and practices were discriminatory. Specifically, the plaintiffs alleged that Countrywide's policy authorizing unchecked, subjective surcharge of additional points and fees to an otherwise objective risk-based financing rate had a discriminatory impact on black home mortgage loan applicants, making them more likely to pay higher interest rates and charges than similarly situated white applicants.

On September 10, 2007, Countrywide filed a motion to dismiss on the grounds that the plaintiffs did not allege a sufficiently specific discriminatory policy to support a disparate impact claim under ECOA or FHA. The District Court (Judge Nancy Gertner) denied this motion on July 30, 2008, allowing the case to proceed. Miller v. Countrywide Bank, N.A., 571 F. Supp. 2d 251 (D. Mass. 2008).

In June 4, 2008, the plaintiffs moved for consolidated or coordinated pre-trial proceedings with two other actions against Countrywide (Garcia v. Countrywide Financial Corp., C.A. No. 5:07-1161 (C.D. Cal.); Jenkins v. Countrywide Home Loans, Inc., C.A. No. 1:08-2935 (N.D. Ill.)). On August 4, 2008, The U.S. Judicial Panel on Multidistrict Litigation issued a transfer order to U.S. District Court for the Western District of Kentucky (Judge John G. Heyburn II). Information about this case after its transfer may be viewed here: FH-KY-0002.

Summary Authors

Robert Lake (6/9/2015)

Related Cases

Miller v. Countrywide, Western District of Kentucky (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273344/parties/miller-v-countrywide-bank-na/


Judge(s)

Gertner, Nancy (Massachusetts)

Motz, J. Frederick (Maryland)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Fanning, Lori A. (Illinois)

Feiner, Gillian R (Massachusetts)

Kavanagh, Shennan Alexandra (Massachusetts)

Klein, Gary E. (Massachusetts)

Matthews, Gregory (Massachusetts)

Miller, Marvin A. (Illinois)

Reich, Mark S. (New York)

Judge(s)

Gertner, Nancy (Massachusetts)

Motz, J. Frederick (Maryland)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Fanning, Lori A. (Illinois)

Feiner, Gillian R (Massachusetts)

Kavanagh, Shennan Alexandra (Massachusetts)

Klein, Gary E. (Massachusetts)

Matthews, Gregory (Massachusetts)

Miller, Marvin A. (Illinois)

Reich, Mark S. (New York)

Rothman, Robert M. (New York)

Rudman, Samuel H. (New York)

Sobol, Thomas M. (Massachusetts)

Van Tine, Matthew E. (Illinois)

Attorneys(s) for Defendant

Gonnam, Michelle R. (Massachusetts)

Hagopian, Michael R (Rhode Island)

Hefferon, Thomas M. (District of Columbia)

McGarry, James W (Massachusetts)

Worth, William A (Massachusetts)

Other Attorney(s)

Bloomer, Tricia Jean (New York)

Expert/Monitor/Master

Hansen, David Rasmussen (Iowa)

Heyburn, John Gilpin II (Kentucky)

Vratil, Kathryn Hoefer (Kansas)

Documents in the Clearinghouse

Document

Docket (PACER)

Miller v. Countrywide Bank, N.A.

Jan. 20, 2009 Docket
1

Class Action Complaint

Miller v. Countrywide Bank

July 12, 2007 Complaint
67

Memorandum and Order Re: Motion to Dismiss

Miller v. Countrywide Bank

571 F.Supp.2d 251

July 30, 2008 Order/Opinion
69

Transfer Order

Miller v. Countrywide Bank

U.S. District Court for the Western District of Kentucky

Aug. 7, 2008 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273344/miller-v-countrywide-bank-na/

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

ECF Number Description Date Link
1

COMPLAINT against Summit Mortgage LLC, Loans for Residential Homes Mortgage Corp., Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. Filing fee: $ 350, receipt number 1590027, filed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Attachments: # 1 Civil Action Cover Sheet# 2 Category Form# 3 Exhibit 1-10)(Klein, Gary) (Entered: 07/12/2007)

1 Civil Action Cover Sheet

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2 Civil Action Cover Sheet

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3 Category Form

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4 Exhibit 1-10

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July 12, 2007 RECAP

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Sorokin (Nici, Richard)

July 12, 2007 PACER

Summons Issued as to Summit Mortgage LLC, Loans for Residential Homes Mortgage Corp., Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Nici, Richard)

July 12, 2007 PACER
2

SUMMONS Returned Executed Summit Mortgage LLC served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) (Entered: 07/24/2007)

July 24, 2007 PACER
3

STIPULATION (Joint Stipulation and Order to Extend Time to Answer or Otherwise Respond to the Complaint) by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (McGarry, James) (Entered: 07/26/2007)

July 26, 2007 PACER
4

NOTICE of Appearance by James W. McGarry on behalf of Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. (McGarry, James) (Entered: 07/27/2007)

July 27, 2007 PACER
5

NOTICE of Appearance by Thomas M. Hefferon on behalf of Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. (Hefferon, Thomas) (Entered: 07/27/2007)

July 27, 2007 PACER
6

CORPORATE DISCLOSURE STATEMENT by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (McGarry, James) (Entered: 07/27/2007)

July 27, 2007 PACER
7

NOTICE of Appearance by Gillian R. Feiner on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Feiner, Gillian) (Entered: 07/30/2007)

July 30, 2007 PACER
8

NOTICE of Appearance by Shennan Alexandra Kavanagh on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Kavanagh, Shennan) (Entered: 07/30/2007)

July 30, 2007 PACER
9

SUMMONS Returned Executed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. Loans for Residential Homes Mortgage Corp. served on 7/20/2007 (Feiner, Gillian) Modified on 8/6/2007 (Flaherty, Elaine). (Entered: 08/06/2007)

Aug. 6, 2007 PACER
10

SUMMONS Returned Executed Full Spectrum Lending, Inc. served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007 PACER
11

SUMMONS Returned Executed Countrywide Correspondent Lending served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007 PACER
12

SUMMONS Returned Executed Countrywide Home Loans, Inc. served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007 PACER
13

SUMMONS Returned Executed Countrywide Bank, N.A. served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) (Entered: 08/06/2007)

Aug. 6, 2007 PACER

Notice of correction to docket made by Court staff. Correction: doc 9 corrected because: to reflect correct dates (Flaherty, Elaine)

Aug. 6, 2007 PACER

Set Deadlines/Hearings: Loans for Residential Homes Mortgage Corp. answer due 8/24/2007. (Flaherty, Elaine)

Aug. 24, 2007 PACER
14

ANSWER to Complaint by Loans for Residential Homes Mortgage Corp..(Flaherty, Elaine) (Entered: 09/04/2007)

Aug. 24, 2007 PACER
15

ANSWER to Complaint with Jury Demand by Summit Mortgage LLC.(Worth, William) (Entered: 09/10/2007)

Sept. 10, 2007 PACER
16

MOTION to Dismiss by Countrywide Bank, N.A., Countrywide Correspondent Lending, Full Spectrum Lending, Inc..(Hefferon, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007 PACER
17

MEMORANDUM in Support re 16 MOTION to Dismiss filed by Countrywide Bank, N.A., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Hefferon, Thomas) (Entered: 09/10/2007)

Sept. 10, 2007 PACER
18

NOTICE of Appearance by Michelle R. Gonnam on behalf of Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. (Gonnam, Michelle) (Entered: 09/13/2007)

Sept. 13, 2007 PACER
19

NOTICE by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis of Firm Name Change (Klein, Gary) (Entered: 09/18/2007)

Sept. 18, 2007 PACER
20

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO THE DEFENDANTS' MOTION TO DISMISS by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis, Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Klein, Gary) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
21

NOTICE of Appearance by Matthew E. Van Tine on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Van Tine, Matthew) (Entered: 09/21/2007)

Sept. 21, 2007 PACER

Judge Richard G. Stearns : ELECTRONIC ENDORSEMENT re 20 Stipulation, filed by Arthur Davis, Countrywide Bank, N.A., Countrywide Correspondent Lending, Luella Davis, Full Spectrum Lending, Inc., Gillian Miller, Countrywide Home Loans, Inc., Lakisha Austin "Stipulation approved UNTIL 10/15/07." (Flaherty, Elaine)

Oct. 4, 2007 PACER
22

Opposition re 16 MOTION to Dismiss Filed By Countrywide And Memorandum In Support Thereof filed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Klein, Gary) (Entered: 10/15/2007)

Oct. 15, 2007 PACER

ELECTRONIC NOTICE of Hearing on Motion 16 MOTION to Dismiss : Motion Hearing set for 1/18/2008 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary)

Oct. 25, 2007 PACER
23

DECLARATION OF GARY KLEIN FOR THE PURPOSE OF SUBMITTING SUPPLEMENTAL AUTHORITY DIRECTLY RELEVANT TO COUNTRYWIDE'S MOTION TO DISMISS by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Attachments: # 1 Declaration Exhibits 1 - 6)(Klein, Gary) (Entered: 11/14/2007)

2 Declaration Exhibits 1 - 6

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Nov. 14, 2007 PACER
24

MOTION for Leave to File a Reply Brief (Countrywide's Unopposed Motion for Leave to File a Reply Brief in Further Support of Motion to Dismiss) by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Attachments: # 1 Reply Brief in Support of the Countrywide Defendants' Motion to Dismiss)(McGarry, James) (Entered: 11/16/2007)

2 Reply Brief in Support of the Countrywide Defendants' Motion to Dismiss

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Nov. 16, 2007 PACER

Judge Richard G. Stearns : Electronic ORDER entered granting 24 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (York, Steve)

Nov. 19, 2007 PACER
25

REPLY to Response to Motion re 16 MOTION to Dismiss (Reply Brief In Support of the Countrywide Defendants' Motion to Dismiss) filed by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (McGarry, James) (Entered: 11/21/2007)

Nov. 21, 2007 PACER
26

NOTICE of Withdrawal of Appearance by Gillian R. Feiner (Feiner, Gillian) (Entered: 12/07/2007)

Dec. 7, 2007 PACER
27

DECLARATION of Gary Klein for the Purpose of Submitting Supplemental Authority Directly Relevant to Countrywide's Motion to Dismiss by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Roddy, John) (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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5 Exhibit 4

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Dec. 21, 2007 PACER

ELECTRONIC NOTICE OF RESCHEDULING: "due to a Court conflict, the motion to dismiss hearing is re-scheduled to Thursday, 3/20/2008 at 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. " Mary Johnson, Deputy Clerk.(Johnson, Mary) .

Jan. 11, 2008 PACER
28

Assented to MOTION to Continue Hearing to April 3, 2008 or April 4, 2008 by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc..(McGarry, James) (Entered: 01/17/2008)

Jan. 17, 2008 PACER
29

Opposition re 28 Assented to MOTION to Continue Hearing to April 3, 2008 or April 4, 2008 filed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Klein, Gary) (Entered: 01/23/2008)

Jan. 23, 2008 PACER

Judge Richard G. Stearns: Electronic ORDER entered denying 28 Motion to Continue. "In light of the fact that this Court's calendar cannot accommodate an earlier hearing date other than March 20, 2008, the Court must deny defendants' request for a continuance and the hearing will remain on the calendar for March 20, 2008 at 2:30 P.M. SO ORDERED." R. G. Stearns, USDJ. (Johnson, Mary) Modified on 1/23/2008 (Johnson, Mary).

Jan. 23, 2008 PACER
30

Assented to MOTION to Continue Hearing to April 3, 2008 by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc..(McGarry, James) (Entered: 02/04/2008)

Feb. 4, 2008 PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 30 Motion to Continue. Hearing re-scheduled to Thursday, 4/10/2008 at 02:30 PM in Courtroom 21 before Judge Richard G. Stearns. (Johnson, Mary)

Feb. 5, 2008 PACER
31

MOTION to Withdraw as Attorney by Loans for Residential Homes Mortgage Corp..(Hagopian, Michael) (Entered: 03/05/2008)

March 5, 2008 PACER
32

DECLARATION of Gary Klein for the Purpose of Submitting Supplemental Authority Directly Relevant to Countrywide's Motion to Dismiss by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klein, Gary) (Entered: 03/06/2008)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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March 6, 2008 PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 31 Motion to Withdraw as Attorney. (Flaherty, Elaine)

March 6, 2008 PACER
33

NOTICE of Appearance by Kevin Costello on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Costello, Kevin) (Entered: 03/11/2008)

March 11, 2008 PACER
34

REPORT of Rule 26(f) Planning Meeting. (Klein, Gary) (Entered: 03/14/2008)

March 14, 2008 RECAP
35

Response by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. to Plaintiffs' Submissions of "Supplemental Authority". (Attachments: # 1 Exhibit A)(McGarry, James) (Entered: 04/08/2008)

2 Exhibit A

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April 8, 2008 PACER

Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 4/10/2008 re 16 MOTION to Dismiss filed by Countrywide Bank, N.A., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. After a hearing, the court takes the matter under advisement. (Court Reporter: Gibbons, James)(Attorneys present: Gary E. Klein and Shennan Alexandra Kavanagh for plaintiffs; Thomas M. Hefferon and James W. McGarry for defendants) (Prussia, Kevin)

April 10, 2008 PACER
36

Judge Richard G. Stearns: ORDER OF RECUSAL. case sent to draw clerk to be redrawn(Flaherty, Elaine) (Entered: 04/17/2008)

April 17, 2008 PACER
37

NOTICE of Withdrawal of Appearance by Kevin Costello (Costello, Kevin) (Entered: 04/22/2008)

April 22, 2008 PACER

ELECTRONIC NOTICE of Reassignment. Judge Joseph L. Tauro added. Judge Richard G. Stearns no longer assigned to case. (Sonnenberg, Elizabeth)

April 23, 2008 PACER
38

Judge Joseph L. Tauro: ORDER entered. ORDER OF RECUSAL.(Abaid, Kimberly) (Entered: 05/07/2008)

May 6, 2008 PACER

ELECTRONIC NOTICE of Reassignment. Judge Nancy Gertner added. Judge Joseph L. Tauro no longer assigned to case. (Gaudet, Jennifer)

May 8, 2008 PACER
39

DECLARATION Fourth Declaration of Gary Klein for the Purpose of Submitting Supplemental Authority Directly Relevant to Countrywide's Motion to Dismiss by Gillian Miller. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Costello, Kevin) (Entered: 05/19/2008)

2 Exhibit 1

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3 Exhibit 2

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May 19, 2008 PACER

ELECTRONIC NOTICE of Hearing on 16 MOTION to Dismiss : Motion Hearing set for 7/9/2008 03:15 PM in Courtroom 2 before Judge Nancy Gertner. (Molloy, Maryellen)

May 20, 2008 PACER
40

NOTICE by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis To Transfer Actions For Consolidated And Coordinated Pretrial Proceedings Pursuant To 28 U.S.C. § 1407 (Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
41

MOTION to Consolidate Cases Under 28 U.S.C. § 1407 To Transfer For Consolidated And Coordinated Pretrial Proceedings by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis.(Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
42

EXHIBIT re 41 MOTION to Consolidate Cases Under 28 U.S.C. § 1407 To Transfer For Consolidated And Coordinated Pretrial Proceedings - Exhibit Volume by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit B - Part 3, # 5 Exhibit C - Part 1, # 6 Exhibit C - Part 2)(Klein, Gary) (Entered: 06/04/2008)

2 Exhibit A

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3 Exhibit B - Part 1

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4 Exhibit B - Part 2

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5 Exhibit B - Part 3

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6 Exhibit C - Part 1

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7 Exhibit C - Part 2

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June 4, 2008 PACER
43

MEMORANDUM in Support re 41 MOTION to Consolidate Cases Under 28 U.S.C. § 1407 To Transfer For Consolidated And Coordinated Pretrial Proceedings filed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
44

NOTICE of Appearance by Gary E. Klein on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
45

NOTICE by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis Reasons Why Oral Argument Should Be Heard (Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
46

CERTIFICATE OF SERVICE by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis re 42 Exhibit, 44 Notice of Appearance, 40 Notice (Other), 43 Memorandum in Support of Motion, 45 Notice (Other), 41 MOTION to Consolidate Cases Under 28 U.S.C. § 1407 To Transfer For Consolidated And Coordinated Pretrial Proceedings. (Klein, Gary) (Entered: 06/04/2008)

June 4, 2008 PACER
47

NOTICE of Appearance by Tricia Jean Bloomer on behalf of Courtroom View Network (Bloomer, Tricia) (Entered: 06/18/2008)

June 18, 2008 PACER
48

MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan Sherman Filing fee $ 50, receipt number 01010000000002007151. by Courtroom View Network. (Attachments: # 1 Certificate of Jonathan Sherman)(Bloomer, Tricia) (Entered: 06/18/2008)

2 Certificate of Jonathan Sherman

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June 18, 2008 PACER
49

MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed by Courtroom View Network. (Attachments: # 1 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3)(Bloomer, Tricia) (Entered: 06/18/2008)

2 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3

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June 18, 2008 PACER
50

MEMORANDUM in Support re 49 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed filed by Courtroom View Network. (Bloomer, Tricia) (Entered: 06/18/2008)

June 18, 2008 PACER
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DECLARATION re 49 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed, 50 Memorandum in Support of Motion by Courtroom View Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 Part A, # 3 Exhibit 2 Part B, # 4 Exhibit 3, # 5 Exhibits 4-7, # 6 Exhibit 8, # 7 Exhibits 9-20, # 8 Exhibits 21-22, # 9 Exhibit 23 Part A, # 10 Exhibit 23 Part B, # 11 Exhibit 23 Part C, # 12 Exhibit 23 Part D)(Bloomer, Tricia) (Entered: 06/18/2008)

2 Exhibit 1

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3 Exhibit 2 Part A

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4 Exhibit 2 Part B

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5 Exhibit 3

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6 Exhibits 4-7

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7 Exhibit 8

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8 Exhibits 9-20

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9 Exhibits 21-22

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10 Exhibit 23 Part A

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11 Exhibit 23 Part B

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12 Exhibit 23 Part C

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13 Exhibit 23 Part D

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June 18, 2008 PACER
52

MOTION for Leave to File Amended Memorandum of Law in Support of Motion to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed by Courtroom View Network.(Bloomer, Tricia) (Entered: 06/19/2008)

June 19, 2008 PACER
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Amended MEMORANDUM in Support re 49 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed (Correcting Docket Entry #50) filed by Courtroom View Network. (Bloomer, Tricia) (Entered: 06/19/2008)

June 19, 2008 PACER
54

MOTION to Stay July 9, 2008 Hearing on Countrywide Defendants' Motion to Dismiss by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Attachments: # 1 Exhibit A)(McGarry, James) (Entered: 06/23/2008)

2 Exhibit A

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June 23, 2008 PACER
55

Letter/request (non-motion) from MDL Panel to Judge Gertner re transfer of case to MDL panel. (Gaudet, Jennifer) (Entered: 06/24/2008)

June 24, 2008 PACER
56

RESPONSE to Motion re 54 MOTION to Stay July 9, 2008 Hearing on Countrywide Defendants' Motion to Dismiss filed by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis. (Klein, Gary) (Entered: 06/27/2008)

June 27, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered denying 54 Motion to Stay July 9, 2008 Hearing on Countrywide Defendants' Motion to Dismiss by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc. (Gaudet, Jennifer)

June 30, 2008 PACER
57

Opposition re 49 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed filed by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McGarry, James) (Entered: 07/02/2008)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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July 2, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered reserving ruling on 49 Motion to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed by Courtroom View Network. "Courtroom View Network ("CVN") moves to intervene pursuant to Fed. R. Civ. P. 24 and to provide audio-visual coverage of oral argument via secure internet feed. The proceeding in which CVN seeks to intervene is a putative nationwide class action suit involving allegations of racially discriminatory mortgage lending practices. The purpose of the intervention is to permit CVN to "narrowcast" the proceedings over the Internet. The term narrowcast refers to the practice of making content or information available only to those individuals who have subscribed to the service, rather than the general public. Defendants oppose the narrowcasting and the intervention. It should be noted that similar class actions have been filed in two other venues and, further, that the plaintiffs have filed a motion under 28 U.S.C. § 1407 to transfer the pending cases to a single district for pretrial proceedings. That the matter will shortly be considered by the Judicial Panel on Multidistrict litigation. The proceeding that triggered this motion to intervene is the hearing on defendants' motion to dismiss scheduled for July 9, 2008. The hearing involves only legal argument; no witnesses will appear; no jurors will be impaneled. While CVN's motion seeks to have the content available to those who have subscribed to the service, it is clear that the Court could issue a narrower order, i.e. one limiting distribution of the content to the parties to this case and their counsel, or the parties in the relevant parallel proceedings across the country. The Court will defer ruling on this motion for several reasons: The motion was filed on June 18, 2008. The defendants opposition papers were received on July 2, 2008. Both sides have raised important questions: How should the Court construe the language of Local Rule 83.3 which permits broadcast by "order of the court?" Does Local Rule 83.3 suggest that an individual judge may order broadcasting in an individual case, or does such a decision require a collective decision by all of the judges of this Court? If an individual judge is authorized to make such an order, what criterion should inform that decision? For example, is streaming video to counsel comparable to streaming transcript which has been permitted in some cases? Moreover, if these cases are consolidated under § 1407, to what degree would such a service save costs to all of the parties? Is intervention appropriate under Rule 24, in any case? In light of the multiple questions raised and the relatively short amount of time the parties have been given to address them, the Court will defer ruling on CVNs motion to allow for full consideration of all the implications of such an intervention." (Gaudet, Jennifer)

July 8, 2008 PACER

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: Motion Hearing held on 7/9/2008 re 16 MOTION to Dismiss filed by Countrywide Bank, N.A.,Countrywide Correspondent Lending, Full Spectrum Lending, Inc. Oral argument held, all matters taken under advisement. (Court Reporter: Helena Kline.)(Attorneys present: Atty Klein, Kavanagh, Hefferon, McGarry) (Molloy, Maryellen)

July 9, 2008 PACER
58

Withdrawal of motion: 49 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed filed by Courtroom View Network.. (Bloomer, Tricia) (Entered: 07/14/2008)

July 14, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered withdrawing 49 Motion to Intervene Pursuant to Fed. R. Civ. P. 24 and to Provide Audio-Visual Coverage of Argument Via Secure Internet Feed filed by Courtroom View Network. (Gaudet, Jennifer)

July 15, 2008 PACER
59

CORPORATE DISCLOSURE STATEMENT by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (McGarry, James) (Entered: 07/18/2008)

July 18, 2008 PACER
60

Amended MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 For the Limited Purpose of Applying to Provide Audio Visual Coverage of Proceedings Via Secure Internet Feed by Courtroom View Network. (Attachments: # 1 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3)(Bloomer, Tricia) (Entered: 07/23/2008)

2 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3

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July 23, 2008 PACER
61

MEMORANDUM in Support re 60 Amended MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 For the Limited Purpose of Applying to Provide Audio Visual Coverage of Proceedings Via Secure Internet Feed filed by Courtroom View Network. (Bloomer, Tricia) (Entered: 07/23/2008)

July 23, 2008 PACER
62

DECLARATION re 60 Amended MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 For the Limited Purpose of Applying to Provide Audio Visual Coverage of Proceedings Via Secure Internet Feed by Courtroom View Network. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2 Part A, # 4 Exhibit 2 Part B, # 5 Exhibit 3, # 6 Exhibit 4-7, # 7 Exhibit 8, # 8 Exhibit 9-20, # 9 Exhibit 21-22, # 10 Exhibit 23 Part A, # 11 Exhibit 23 Part B, # 12 Exhibit 23 Part C, # 13 Exhibit 23 Part D, # 14 Exhibit 24)(Bloomer, Tricia) (Entered: 07/23/2008)

2 Exhibit A

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3 Exhibit 1

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4 Exhibit 2 Part A

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5 Exhibit 2 Part B

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6 Exhibit 3

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7 Exhibit 4-7

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8 Exhibit 8

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9 Exhibit 9-20

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10 Exhibit 21-22

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11 Exhibit 23 Part A

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12 Exhibit 23 Part B

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13 Exhibit 23 Part C

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14 Exhibit 23 Part D

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15 Exhibit 24

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July 23, 2008 PACER
63

DECLARATION re 60 Amended MOTION to Intervene Pursuant to Fed. R. Civ. P. 24 For the Limited Purpose of Applying to Provide Audio Visual Coverage of Proceedings Via Secure Internet Feed by Courtroom View Network. (Bloomer, Tricia) (Entered: 07/23/2008)

July 23, 2008 PACER
64

Joint MOTION for Extension of Time to File Response/Reply for 14 Days from Decision by JPML Re Plaintiffs' Motion to Transfer for Consolidated and Coordinated Pretrial Proceedings by Courtroom View Network.(Bloomer, Tricia) (Entered: 07/23/2008)

July 23, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered granting 64 Joint Motion for Extension of Time to File Response/Reply for 14 Days from Decision by JPML Re Plaintiffs' Motion to Transfer for Consolidated and Coordinated Pretrial Proceedings. (Gaudet, Jennifer)

July 24, 2008 PACER
65

Transcript of Motion Hearing held on July 9, 2008, before Judge Gertner. Court Reporter: Helana E. Kline at 508/525-7769. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 8/18/2008. Redacted Transcript Deadline set for 8/26/2008. Release of Transcript Restriction set for 10/24/2008. (Scalfani, Deborah) (Entered: 07/29/2008)

July 29, 2008 PACER
66

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 07/29/2008)

July 29, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered denying 16 Motion to Dismiss. (Gaudet, Jennifer)

July 30, 2008 PACER
67

Judge Nancy Gertner: MEMORANDUM AND ORDER Re: Motion to Dismiss.(Gaudet, Jennifer) (Entered: 07/31/2008)

July 30, 2008 PACER
68

Informational E-mailed Copy of MDL Conditional Transfer Order in MDL Case 1974 received from the mdl panel.(Jones, Sherry) (Entered: 08/07/2008)

Aug. 7, 2008 PACER
69

Copy of MDL Conditional Transfer Order number 1 in MDL Case 1974 received from MDL Panel. (Hassett, Kathy) (Entered: 08/21/2008)

Aug. 21, 2008 RECAP

Case transferred to the Western District of Kentucky pursuant to Conditional Transfer Order entered by the MDL Panel on 8/7/08. Transmittal of the record done electronically. (Gaudet, Jennifer)

Aug. 22, 2008 PACER

Case transferred from Massachusetts has been opened in Western District of Kentucky as case 3:08-cv-00448, filed 08/22/2008. (Gaudet, Jennifer)

Sept. 26, 2008 PACER

Judge Nancy Gertner: Electronic ORDER entered finding as moot 41 Motion to Consolidate Cases; finding as moot 48 Motion for Leave to Appear Pro Hac Vice; ; finding as moot 52 Motion for Leave to File; ; finding as moot 60 Motion to Intervene. The case is closed. (Gaudet, Jennifer)

Jan. 20, 2009 PACER

State / Territory: Massachusetts

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 12, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four African-American homeowners, individually and on behalf of a putative nationwide class of all other similarly-situated African-American homeowners.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Countrywide Home Loans, Inc. , Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Housing

Pattern or Practice

Predatory lending

Discrimination-area:

Housing Sales/Rental

Lending

Discrimination-basis:

Race discrimination

Race:

Black