Case: Miller v. Countrywide

3:08-cv-00448 | U.S. District Court for the Western District of Kentucky

Filed Date: July 12, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On July 12, 2007, four named plaintiffs filed a lawsuit on behalf of all black consumers in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries, under under the Equal Credit Opportunity Act ("ECOA") and the Fair Housing Act ("FHA"). The plaintiffs alleged that the defendants maintained a pattern or practice that had a discriminatory impact on black consumers in their home financing policies and practices. Specifically, the pla…

On July 12, 2007, four named plaintiffs filed a lawsuit on behalf of all black consumers in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries, under under the Equal Credit Opportunity Act ("ECOA") and the Fair Housing Act ("FHA"). The plaintiffs alleged that the defendants maintained a pattern or practice that had a discriminatory impact on black consumers in their home financing policies and practices. Specifically, the plaintiffs alleged that the defendants' 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 loans applicants, making them more likely to pay higher interest rates and charges than similarly situated white applicants. The plaintiffs sought injunctive, declaratory and monetary relief.

On September 10, 2007, the defendants filed a motion to dismiss. On July 30, 2008, the Court (Judge Nancy Gertner) issued an order denying the motion.

In 2008, the plaintiffs have moved for consolidated or coordinated pre-trial proceedings of the present litigation with two other class-wide actions against Countrywide and its subsidiaries (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.)). The U.S. Judicial Panel on Multidistrict Litigation issued a transfer order and centralized the three cases in the U.S. District Court for the Western District of Kentucky. Judge John G. Heyburn II was assigned to the case. The cases were associated under a docket 3:08-MD-1974. The case then proceeded into discovery.

On June 13, 2011, the case was stayed pending the outcome of the Supreme Court case, Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011). On October 13, 2011, the Court (Judge John G. Heyburn II) issued an order that, in light of the decision in Wal-Mart, the plaintiffs did not satisfy the commonality requirement. The plaintiffs had not identified the common method of exercising discretion that would discriminate against the class members in a similar fashion. The plaintiffs appealed to the Sixth Circuit Court of Appeals. The Sixth Circuit issued its decision on January 15, 2013. The District Court's denial of class certification was affirmed.

On August 9, 2013, the four named plaintiffs entered separate stipulations to dismiss the case with prejudice, without costs and right of appeal. On August 12, 2013, the Court issued an order granting the stipulations and dismissing the case with prejudice.

Summary Authors

Zhandos Kuderin (7/28/2014)

Related Cases

Miller v. Countrywide, District of Massachusetts (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4268599/parties/miller-v-countrywide-bank-na/


Judge(s)

Coar, David H. (Illinois)

Attorney for Plaintiff

Becker, Nance F (Kentucky)

Chavez, Mark A (Kentucky)

Attorney for Defendant

Brown, Brooks R. (Kentucky)

Expert/Monitor/Master/Other

Bloomer, Tricia Jean (Kentucky)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:08-cv-00448

Docket

Miller v. Countrywide Bank

March 8, 2012

March 8, 2012

Docket
1

3:08-cv-00448

Class Action Complaint

Miller v. Countrywide Bank

July 12, 2007

July 12, 2007

Complaint
67

1:07-cv-11275

Memorandum and Order Re: Motion to Dismiss

Miller v. Countrywide Bank

U.S. District Court for the District of Massachusetts

July 30, 2008

July 30, 2008

Order/Opinion

571 F.Supp.2d 251

68

3:08-cv-00448

Transfer Order

Miller v. Countrywide Bank

U.S. Judicial Panel on Multidistrict Litigation (JPML)

Aug. 7, 2008

Aug. 7, 2008

Order/Opinion

571 F.Supp.2d 1366

3:08-md-01974

Memorandum Opinion and Order [Denying Motion for Class Certification]

Miller v. Countrywide Bank

Oct. 11, 2011

Oct. 11, 2011

Order/Opinion

2011 WL 4862174

114

3:08-cv-00448

12-05250

Opinion [Affirming District Court's Order]

Miller v. Countrywide Bank

U.S. Court of Appeals for the Sixth Circuit

Jan. 15, 2013

Jan. 15, 2013

Order/Opinion

708 F.3d 704

116

3:08-cv-00448

Order of Dismissal with Prejudice [Dismissing Lakisha Austin's Claims]

Miller v. Countrywide Bank

Aug. 12, 2013

Aug. 12, 2013

Order/Opinion
117

3:08-cv-00448

Order of Dismissal with Prejudice [Dismissing the Davis' Claims]

Miller v. Countrywide Bank

Aug. 12, 2013

Aug. 12, 2013

Order/Opinion
115

3:08-cv-00448

Order of Dismissal with Prejudice [Dismissing Gillian Miller's Claims]

Miller v. Countrywide Bank

Aug. 12, 2013

Aug. 12, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268599/miller-v-countrywide-bank-na/

Last updated April 7, 2025, 1:57 p.m.

ECF Number Description Date Link Date / Link

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) [Transferred from mad on 8/22/2008.] (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

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) [Transferred from mad on 8/22/2008.] (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

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) [Transferred from mad on 8/22/2008.] (Entered: 07/12/2007)

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

July 12, 2007

RECAP
2

SUMMONS Returned Executed Summit Mortgage LLC served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) [Transferred from mad on 8/22/2008.] (Entered: 07/24/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/26/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/27/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/27/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/27/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/30/2007)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/30/2007)

July 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). [Transferred from mad on 8/22/2008.] (Entered: 08/06/2007)

Aug. 6, 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) [Transferred from mad on 8/22/2008.] (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
11

SUMMONS Returned Executed Countrywide Correspondent Lending served on 7/19/2007, answer due 8/8/2007. (Feiner, Gillian) [Transferred from mad on 8/22/2008.] (Entered: 08/06/2007)

Aug. 6, 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) [Transferred from mad on 8/22/2008.] (Entered: 08/06/2007)

Aug. 6, 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) [Transferred from mad on 8/22/2008.] (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER

Set Deadlines/Hearings: Loans for Residential Homes Mortgage Corp. answer due 8/24/2007. (Flaherty, Elaine) [Transferred from mad on 8/22/2008.] (Entered: 08/28/2007)

Aug. 24, 2007

Aug. 24, 2007

14

ANSWER to Complaint by Loans for Residential Homes Mortgage Corp..(Flaherty, Elaine) [Transferred from mad on 8/22/2008.] (Entered: 09/04/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
15

ANSWER to Complaint with Jury Demand by Summit Mortgage LLC.(Worth, William) [Transferred from mad on 8/22/2008.] (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
16

MOTION to Dismiss by Countrywide Bank, N.A., Countrywide Correspondent Lending, Full Spectrum Lending, Inc..(Hefferon, Thomas) [Transferred from mad on 8/22/2008.] (Entered: 09/10/2007)

Sept. 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) [Transferred from mad on 8/22/2008.] (Entered: 09/10/2007)

Sept. 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) [Transferred from mad on 8/22/2008.] (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

PACER
19

NOTICE by Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis of Firm Name Change (Klein, Gary) [Transferred from mad on 8/22/2008.] (Entered: 09/18/2007)

Sept. 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) [Transferred from mad on 8/22/2008.] (Entered: 09/19/2007)

Sept. 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) [Transferred from mad on 8/22/2008.] (Entered: 09/21/2007)

Sept. 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) [Transferred from mad on 8/22/2008.] (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

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) [Transferred from mad on 8/22/2008.] (Entered: 10/15/2007)

Oct. 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) [Transferred from mad on 8/22/2008.] (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

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) [Transferred from mad on 8/22/2008.] (Entered: 11/14/2007)

2 Declaration Exhibits 1 - 6

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Nov. 14, 2007

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) [Transferred from mad on 8/22/2008.] (Entered: 11/16/2007)

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

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Nov. 16, 2007

Nov. 16, 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) [Transferred from mad on 8/22/2008.] (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
26

NOTICE of Withdrawal of Appearance by Gillian R. Feiner (Feiner, Gillian) [Transferred from mad on 8/22/2008.] (Entered: 12/07/2007)

Dec. 7, 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) [Transferred from mad on 8/22/2008.] (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

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) . [Transferred from mad on 8/22/2008.] (Entered: 01/11/2008)

Jan. 11, 2008

Jan. 11, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 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). [Transferred from mad on 8/22/2008.] (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 01/23/2008)

Jan. 23, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 02/04/2008)

Feb. 4, 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) [Transferred from mad on 8/22/2008.] (Entered: 02/05/2008)

Feb. 5, 2008

Feb. 5, 2008

31

MOTION to Withdraw as Attorney by Loans for Residential Homes Mortgage Corp..(Hagopian, Michael) [Transferred from mad on 8/22/2008.] (Entered: 03/05/2008)

March 5, 2008

March 5, 2008

PACER

Judge Richard G. Stearns: Electronic ORDER entered granting 31 Motion to Withdraw as Attorney. (Flaherty, Elaine) [Transferred from mad on 8/22/2008.] (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

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) [Transferred from mad on 8/22/2008.] (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

March 6, 2008

PACER
33

NOTICE of Appearance by Kevin Costello on behalf of Gillian Miller, Lakisha Austin, Arthur Davis, Luella Davis (Costello, Kevin) [Transferred from mad on 8/22/2008.] (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

PACER
34

REPORT of Rule 26(f) Planning Meeting. (Klein, Gary) [Transferred from mad on 8/22/2008.] (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
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) [Transferred from mad on 8/22/2008.] (Entered: 04/08/2008)

2 Exhibit A

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April 8, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

36

Judge Richard G. Stearns: ORDER OF RECUSAL. case sent to draw clerk to be redrawn(Flaherty, Elaine) [Transferred from mad on 8/22/2008.] (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

PACER
37

NOTICE of Withdrawal of Appearance by Kevin Costello (Costello, Kevin) [Transferred from mad on 8/22/2008.] (Entered: 04/22/2008)

April 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) [Transferred from mad on 8/22/2008.] (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

38

Judge Joseph L. Tauro: ORDER entered. ORDER OF RECUSAL.(Abaid, Kimberly) [Transferred from mad on 8/22/2008.] (Entered: 05/07/2008)

May 6, 2008

May 6, 2008

PACER

ELECTRONIC NOTICE of Reassignment. Judge Nancy Gertner added. Judge Joseph L. Tauro no longer assigned to case. (Gaudet, Jennifer) [Transferred from mad on 8/22/2008.] (Entered: 05/08/2008)

May 8, 2008

May 8, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 05/19/2008)

2 Exhibit 1

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3 Exhibit 2

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May 19, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 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) [Transferred from mad on 8/22/2008.] (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

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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 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) [Transferred from mad on 8/22/2008.] (Entered: 06/04/2008)

June 4, 2008

June 4, 2008

PACER
47

NOTICE of Appearance by Tricia Jean Bloomer on behalf of Courtroom View Network (Bloomer, Tricia) [Transferred from mad on 8/22/2008.] (Entered: 06/18/2008)

June 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) [Transferred from mad on 8/22/2008.] (Entered: 06/18/2008)

2 Certificate of Jonathan Sherman

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June 18, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 06/18/2008)

2 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3

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June 18, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 06/18/2008)

June 18, 2008

June 18, 2008

PACER
51

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) [Transferred from mad on 8/22/2008.] (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

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) [Transferred from mad on 8/22/2008.] (Entered: 06/19/2008)

June 19, 2008

June 19, 2008

PACER
53

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) [Transferred from mad on 8/22/2008.] (Entered: 06/19/2008)

June 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) [Transferred from mad on 8/22/2008.] (Entered: 06/23/2008)

2 Exhibit A

View on PACER

June 23, 2008

June 23, 2008

PACER
55

Letter/request (non-motion) from MDL Panel to Judge Gertner re transfer of case to MDL panel. (Gaudet, Jennifer) [Transferred from mad on 8/22/2008.] (Entered: 06/24/2008)

June 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) [Transferred from mad on 8/22/2008.] (Entered: 06/27/2008)

June 27, 2008

June 27, 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) [Transferred from mad on 8/22/2008.] (Entered: 07/02/2008)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

July 2, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/14/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

59

CORPORATE DISCLOSURE STATEMENT by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc.. (McGarry, James) [Transferred from mad on 8/22/2008.] (Entered: 07/18/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/23/2008)

2 Verified Intervention Complaint for Relief Pursuant to Local Rule 83.3

View on PACER

July 23, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/23/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/23/2008)

2 Exhibit A

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3 Exhibit 1

View on PACER

4 Exhibit 2 Part A

View on PACER

5 Exhibit 2 Part B

View on PACER

6 Exhibit 3

View on PACER

7 Exhibit 4-7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9-20

View on PACER

10 Exhibit 21-22

View on PACER

11 Exhibit 23 Part A

View on PACER

12 Exhibit 23 Part B

View on PACER

13 Exhibit 23 Part C

View on PACER

14 Exhibit 23 Part D

View on PACER

15 Exhibit 24

View on PACER

July 23, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/23/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/23/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

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) [Transferred from mad on 8/22/2008.] (Entered: 07/29/2008)

July 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) [Transferred from mad on 8/22/2008.] (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

PACER

Judge Nancy Gertner: Electronic ORDER entered denying 16 Motion to Dismiss. (Gaudet, Jennifer) [Transferred from mad on 8/22/2008.] (Entered: 07/31/2008)

July 30, 2008

July 30, 2008

67

Judge Nancy Gertner: MEMORANDUM AND ORDER Re: Motion to Dismiss.(Gaudet, Jennifer) [Transferred from mad on 8/22/2008.] (Entered: 07/31/2008)

July 30, 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) [Transferred from mad on 8/22/2008.] (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

PACER
69

Copy of MDL Conditional Transfer Order number 1 in MDL Case 1974 received from MDL Panel. (Hassett, Kathy) [Transferred from mad on 8/22/2008.] (Entered: 08/21/2008)

Aug. 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) [Transferred from mad on 8/22/2008.] (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

Remark: Case Assignment NEF has been electronically sent to all counsel, and mailed to Thomas Hefferon advising of case transfer information (MLG) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

Cases associated to 3:08−MD−1974 (MLG) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

70

Case transferred in from District of Massachusetts; Case Number 1:07-cv-11275. Original file with documents numbered 1 - 69, electronic certified copy of transfer order and docket sheet received. (MLG) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
71

Case Assignment (Random Selection): Case Assigned to Chief Judge John G. Heyburn II. (MLG) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
72

ORDER signed by Chief Judge John G. Heyburn, II on 8/27/2008. Telephonic Status Conference is set for 9/22/2008 at 02:00 PM before Chief Judge John G. Heyburn II. Conference Statement due by 9/15/2008. Parties to comply with remainder of Order as set forth. Associated Cases: 3:08-md-01974-JGH, 3:08-cv-00448-JGH, 3:08-cv-00450-JGH, 3:08-cv-00454-JGH-DW cc: Counsel (RLK) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

PACER
73

ANSWER to 1 Complaint by Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending and Full Spectrum Lending, Inc. (Attachments: # 1 letter) (NM) (Entered: 09/11/2008)

2 letter

View on PACER

Sept. 9, 2008

Sept. 9, 2008

PACER
74

NOTICE of Withdrawal by Courtroom View Network 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 (Bloomer, Tricia) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
75

NOTICE of Appearance by Christopher Tyson Gorman and Byron E. Leet on behalf of Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc., Countrywide Financial Corporation, Countrywide Bank, N.A., Countrywide Home Loans, Inc., Countrywide Correspondent Lending, Full Spectrum Lending, Inc., Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Home Loans, Inc., Countrywide Bank, N.A., Countrywide Financial Corporation, Countrywide Bank, A Division of Treasury Bank, N.A., Countrywide Home Loans Inc, Countrywide Mortgage Ventures, LLC Associated Cases: 3:08-md-01974-JGH, 3:08-cv-00448-JGH, 3:08-cv-00450-JGH, 3:08-cv-00454-JGH, 3:08-cv-00482-JGH (Gorman, Christopher) Modified on 9/22/2008: add atty (RLK). (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
76

ERROR: Duplicate entry. See 75 . Modified on 9/22/2008 (RLK). (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
77

ERROR: Duplicate entry. See 75 . Modified on 9/22/2008 (RLK). (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
78

NOTICE OF DOCKET CORRECTION Re: PDF re: 75 Notice of Appearance. Due to computer problems on Friday 9/19/2008, ECF notification of 75 Notice of Appearance of Byron E. Leet and C. Tyson Gorman as co-counsel for the Countrywide Defendants was not sent to parties. Document is attached to this entry for notification purposes. (RLK) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
79

PROTECTIVE ORDER REGARDING CONFIDENTIAL TRADE SECRET AND PRIVATE CONSUMER INFORMATION signed by Chief Judge John G. Heyburn, II on 9/23/2008. Associated Cases: 3:08-md-01974-JGH, 3:08-cv-00448-JGH, 3:08-cv-00450-JGH, 3:08-cv-00454-JGHcc: Counsel (RLK) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four black home mortgage loan applicants on behalf of all black consumer at Countrywide Bank.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Countrywide Bank, 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

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Pattern or Practice

Predatory lending

Discrimination Area:

Disparate Impact

Lending

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black