Case: Adkins v. Morgan Stanley

1:12-cv-07667 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 15, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 15, 2012, five black Detroit residents and Michigan Legal Services filed this class-action lawsuit in the U.S. District Court for the Southern District of New York against Morgan Stanley under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691, and state law. The plaintiffs, represented by the ACLU, the National Consumer Law Center, and private counsel, asked the court for injunctive relief, declaratory relief, damages, a…

On October 15, 2012, five black Detroit residents and Michigan Legal Services filed this class-action lawsuit in the U.S. District Court for the Southern District of New York against Morgan Stanley under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691, and state law.

The plaintiffs, represented by the ACLU, the National Consumer Law Center, and private counsel, asked the court for injunctive relief, declaratory relief, damages, and disgorgement, claiming that Morgan Stanley discriminated against black homeowners in the secondary mortgage market. Specifically, the plaintiffs alleged that Morgan Stanley encouraged originating subprime lender New Century to issue large volumes of high-cost and high-risk residential mortgage loans. Morgan Stanley then packaged these loans for investors through securitization. Morgan Stanley's aggressive development of these loan pools, the suit alleged, disparately impacted African American borrowers, who were more likely to receive these harmful loans than white borrowers because New Century targeted communities of color.

In December 2012, Morgan Stanley filed a motion to dismiss, which the District Court (Judge Harold Baer) granted in part and denied in part on July 25, 2013. The District Court dismissed the plaintiffs' ECOA and state law claims as untimely. However, the court allowed the plaintiffs' FHA claim to proceed, reasoning that the statute of limitations did not begin to run until the plaintiffs first consulted with attorneys in 2012, rather than when New Century stopped originating loans in 2007. The court also found that the plaintiffs had successfully alleged a disparate impact discrimination claim under the FHA. Morgan Stanley sought immediate review of this decision by the Second Circuit, but the District Court denied their motion to certify for immediate appeal.

On June 10, 2014, this case was reassigned to Judge Valerie E. Caproni, following the death of Judge Harold Baer.

On May 14, 2015, the District Court (Judge Caproni) denied the plaintiffs' motion for certification of a class of all African Americans residing in Detroit between 2004 and 2007 who received a loan from New Century. In a 50-page opinion, the court deemed the class to be unworkable, concluding that there existed too much variation within the proposed class to satisfy the typicality, predominance, or superiority requirements for certifying the class. The plaintiffs appealed to the Second Circuit, which affirmed on July 14, 2016. 656 Fed.Appx. 555.

On September 26, 2016, plaintiff Michigan Legal Services voluntarily dismissed its claims. The defendants moved for summary judgment on October 7, 2016. The remaining plaintiffs voluntarily dismissed their claims on July 19, 2017.

The case is now closed.

Summary Authors

Robert Lake (6/29/2015)

Virginia Weeks (2/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4351295/parties/adkins-v-morgan-stanley/


Judge(s)

Baer, Harold Jr. (New York)

Caproni, Valerie Elaine (New York)

Chin, Denny (New York)

Gorenstein, Gabriel W. (New York)

Jacobs, Dennis G. (New York)

Preska, Loretta A. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Beauchamp, Peter W. (New York)

Cabraser, Elizabeth J. (California)

Cohen, Arielle (Massachusetts)

Judge(s)

Baer, Harold Jr. (New York)

Caproni, Valerie Elaine (New York)

Chin, Denny (New York)

Gorenstein, Gabriel W. (New York)

Jacobs, Dennis G. (New York)

Preska, Loretta A. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Beauchamp, Peter W. (New York)

Cabraser, Elizabeth J. (California)

Cohen, Arielle (Massachusetts)

Delbaum, Charles M. (Massachusetts)

Geman, Rachel (New York)

Goodman, Rachel E.. (New York)

Mehta, Sarah L. (Michigan)

Merriweather-Tucker, Brooke A. (Michigan)

Moss, Kary L. (Michigan)

Parker, Dennis D. (New York)

Rossman, Stuart T. (Massachusetts)

Schwartzol, Laurence Michael (New York)

Sobol, Michael W. (California)

Steinberg, Michael J. (Michigan)

Sugnet, Nicole Diane (California)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Bressler, Jonathan Adam (District of Columbia)

Conley, Danielle (District of Columbia)

Levine, Noah Adam (New York)

Ogden, David W. (District of Columbia)

Perryman, Brian Patrick (District of Columbia)

Reardon, Colin (New York)

Stark, Emily (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

July 19, 2017 Docket
1

Class Action Complaint

Oct. 15, 2012 Complaint

Morgan Stanley Sued for Racial Discrimination in Publishing Predatory Loans to Black Homeowners

No Court

Oct. 15, 2012 Press Release
2

Standing Order [Regarding Pilot Project for Case Management of Cases in the Southern District of New York]

Oct. 31, 2012 Order/Opinion
47

Opinion and Order

2013 WL 3835198

July 25, 2013 Order/Opinion
67

Memorandum Order [Denying Defendants' Motion for Certification of Appeal]

2013 WL 6585389

Dec. 13, 2013 Order/Opinion
120

Order [Denying Motion to Seal]

June 19, 2014 Order/Opinion
125

Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Conform and Amend the Scheduling Order Pursuant to the Court's December 26, 2013 Order and to Federal Rule of Civil Procedure 16(b)(4)*

June 27, 2014 Pleading / Motion / Brief
163

Memorandum Order

Aug. 13, 2014 Order/Opinion
230

Opinion & Order

307 F.R.D. 119, 2015 WL 2258231

May 14, 2015 Order/Opinion

Resources

Title Description External URL

Mortgage Securitization Discrimination Litigation

National Consumer Law Center

This landmark lawsuit was filed in the federal court in the Southern District of New York on behalf of Michigan Legal Services and African American homeowners in the Detroit, Michigan area. The suit … July 25, 2013 https://www.nclc.org/issues/mortgage-securitization-discrimination-litigation.html

Adkins et al. vs. Morgan Stanley

ACLU

The ACLU, along with the National Consumer Law Center and the law firm of Lieff, Cabraser, Heimann & Bernstein, has filed a lawsuit in federal district court in Manhattan to hold Morgan Stanley accou… March 30, 2017 https://www.aclu.org/cases/racial-equality/adkins-et-al-vs-morgan-stanley

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4351295/adkins-v-morgan-stanley/

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

ECF Number Description Date Link
1

COMPLAINT against Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc. (Filing Fee $ 350.00, Receipt Number 1050796)Document filed by Rubbie McCoy, William Young, Michigan Legal Services, Beverly Adkins, Charmaine Williams, Rebecca Pettway.(mro) (Entered: 10/16/2012)

Oct. 15, 2012 RECAP

SUMMONS ISSUED as to Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc. (mro)

Oct. 15, 2012 PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. (mro)

Oct. 15, 2012 PACER

Case Designated ECF. (mro)

Oct. 15, 2012 PACER
2

STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 10/16/2012)

Oct. 15, 2012 PACER
3

NOTICE OF APPEARANCE by Rachel Geman on behalf of Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young (Geman, Rachel) (Entered: 10/16/2012)

Oct. 16, 2012 PACER
4

AFFIDAVIT OF SERVICE. Morgan Stanley served on 10/15/2012, answer due 11/5/2012. Service was accepted by Mara Velasco - CT Corporation Systems. Document filed by Rubbie McCoy; William Young; Michigan Legal Services; Beverly Adkins; Charmaine Williams; Rebecca Pettway. (Schwartztol, Laurence) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
5

AFFIDAVIT OF SERVICE. Morgan Stanley Abs Capital I Inc. served on 10/15/2012, answer due 11/5/2012. Service was accepted by Mara Velasco - CT Corporation Systems. Document filed by Rubbie McCoy; William Young; Michigan Legal Services; Beverly Adkins; Charmaine Williams; Rebecca Pettway. (Schwartztol, Laurence) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
6

AFFIDAVIT OF SERVICE. Morgan Stanley Mortgage Capital Holdings LLC served on 10/15/2012, answer due 11/5/2012. Service was accepted by Mara Velasco - CT Corporation Systems. Document filed by Rubbie McCoy; William Young; Michigan Legal Services; Beverly Adkins; Charmaine Williams; Rebecca Pettway. (Schwartztol, Laurence) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
7

AFFIDAVIT OF SERVICE. Morgan Stanley & Co. LLC served on 10/15/2012, answer due 11/5/2012. Service was accepted by Mara Velasco - CT Corporation Systems. Document filed by Rubbie McCoy; William Young; Michigan Legal Services; Beverly Adkins; Charmaine Williams; Rebecca Pettway. (Schwartztol, Laurence) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
8

MOTION for Michael Jay Steinberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7913628. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Steinberg, Michael) (Entered: 10/17/2012)

1 Exhibit Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 17, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Michael Jay Steinberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7913628. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)

Oct. 17, 2012 PACER
9

MOTION for Sarah Lila Mehta to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7913966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Mehta, Sarah) (Entered: 10/17/2012)

1 Exhibit

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 17, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Sarah Lila Mehta to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7913966. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)

Oct. 17, 2012 PACER
10

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7914816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young.(Rossman, Stuart) Modified on 10/18/2012 (pgu). (Entered: 10/17/2012)

Oct. 17, 2012 PACER
11

AFFIDAVIT of Stuart Rossman in Support re: 10 MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7914816. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Rossman, Stuart) (Entered: 10/17/2012)

Oct. 17, 2012 PACER
12

AFFIRMATION of Maura Doyle, Clerk MA SJC in Support re: 10 MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7914816. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Rossman, Stuart) (Entered: 10/17/2012)

Oct. 17, 2012 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 10 MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7914816. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (pgu)

Oct. 18, 2012 PACER
13

AMENDED MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit MA SJC Certificate of Good Standing, # 2 Exhibit Proposed Form of Order)(Rossman, Stuart) (Entered: 10/18/2012)

1 Exhibit MA SJC Certificate of Good Standing

View on PACER

2 Exhibit Proposed Form of Order

View on PACER

Oct. 18, 2012 RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 AMENDED MOTION for Stuart T. Rossman to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)

Oct. 18, 2012 PACER
14

MOTION for Michael W. Sobol to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7919613. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Sobol, Michael) (Entered: 10/18/2012)

1 Certificate of Good Standing

View on PACER

2 Proposed Order

View on PACER

Oct. 18, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Michael W. Sobol to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7919613. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Oct. 19, 2012 PACER
15

ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL W. SOBOL granting 14 Motion for Michael W. Sobol to Appear Pro Hac Vice. Endorsement: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 10/22/2012) (ja) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
16

ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Michael J. Steinberg, to Appear Pro Hac Vice. Endorsement: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 10/22/2012) (ja) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
17

ORDER FOR ADMISSION PRO HAC VICE OF STUART ROSSMAN granting 13 Motion for Stuart T. Rossman, to Appear Pro Hac Vice. Endorsement: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 10/22/2012) (ja) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
18

MOTION for Elizabeth J. Cabraser to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7927957. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Certificate of Good Standing, # 2 [Proposed] Order for Admission Pro Hac Vice of Elizabeth J. Cabraser)(Cabraser, Elizabeth) (Entered: 10/22/2012)

1 Certificate of Good Standing

View on PACER

2 [Proposed] Order for Admission Pro Hac Vice of Elizabeth J. Cabraser

View on PACER

Oct. 22, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Elizabeth J. Cabraser to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7927957. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)

Oct. 22, 2012 PACER
19

ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Sarah Lila Mehta to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 10/24/2012) (lmb) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
20

ORDER FOR ADMISSION PRO HAC VICE OF ELIZABETH J. CABRASER granting 18 Motion for Elizabeth J. Cabraser to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 10/26/2012) (cd) (Entered: 10/26/2012)

Oct. 26, 2012 PACER
21

Letter addressed to Ms. Geman from Linda Eckhouse, Judicial Assistant to the Honorable Harold Baer, Jr dated 10/26/12 re: There will be a Pre-Trial Conference on the above case at 2:45 PM on Thursday, December 13, 2012, in Chambers Room 2230. It is your responsibility to notify your adversary(ies) of the date and time of the Pre-Trial Conference with a copy to us and to forward to your adversary(ies) a copy of Judge Baer's individual rules. (mro) (tp). (Entered: 11/05/2012)

Nov. 5, 2012 PACER

Set/Reset Hearings: Pretrial Conference set for 12/13/2012 at 02:45 PM before Judge Harold Baer. (mro)

Nov. 5, 2012 PACER
22

NOTICE OF APPEARANCE by Noah Adam Levine on behalf of Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc. (Levine, Noah) (Entered: 11/06/2012)

Nov. 6, 2012 RECAP
23

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Morgan Stanley for Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC; Other Affiliate Chiyoda-ku, Other Affiliate 7-1 Marunouchi 2-chome, Other Affiliate Tokyo 100-8330, Other Affiliate Mistubishi UFJ Financial Group, Inc. for Morgan Stanley; Other Affiliate Morgan Stanley Mortgage Capital Holdings LLC for Morgan Stanley Mortgage Capital Inc.; Other Affiliate Morgan Stanley Domestic Holdings, Inc. for Morgan Stanley & Co. LLC. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc..(Levine, Noah) (Entered: 11/06/2012)

Nov. 6, 2012 RECAP
24

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT: NOW, therefore the Parties listed below. by their undersigned attorneys. hereby stipulate and agree that, subject to the approval of the Court. 1. Defendants' time to answer, move, or otherwise respond to the Complaint in the above action shall be extended through and including December 21, 2012. 2. Plaintiffs time to oppose or otherwise respond to Defendants' response shall be extended through and including January 20, 2013. 3. Defendants time to file a reply shall be extended through and including February 10, 2013. ENDORSEMENT: I trust all the listed attorneys are admitted here or will be shortly -I never sign blank signature pages -for future reference. (Signed by Judge Harold Baer on 11/7/2012) (js) (Entered: 11/07/2012)

Nov. 7, 2012 RECAP
25

MOTION for Brian Matthew Boynton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7962051. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Exhibit CA Certificate of Good Standing, # 2 Exhibit DC Certificate of Good Standing, # 3 Text of Proposed Order)(Boynton, Brian) (Entered: 11/08/2012)

1 Exhibit CA Certificate of Good Standing

View on PACER

2 Exhibit DC Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 8, 2012 PACER
26

MOTION for David William Ogden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7962340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Exhibit DC Certificate of Good Standing, # 2 Text of Proposed Order)(Ogden, David) (Entered: 11/08/2012)

1 Exhibit DC Certificate of Good Standing

View on PACER

2 Text of Proposed Order

View on PACER

Nov. 8, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Brian Matthew Boynton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7962051. Motion and supporting papers to be reviewed by Clerk's Office staff., 26 MOTION for David William Ogden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7962340. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Nov. 8, 2012 PACER
27

NOTICE OF APPEARANCE by Rachel Elizabeth Goodman on behalf of Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young (Goodman, Rachel) (Entered: 11/15/2012)

Nov. 15, 2012 RECAP
28

ORDER FOR ADMISSION PRO HAC VICE granting 26 Motion for David W. Ogden to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 11/14/2012) (djc) Modified on 11/15/2012 (djc). (Entered: 11/15/2012)

Nov. 15, 2012 RECAP
29

ORDER FOR ADMISSION PRO HAC VICE granting 25 Motion for Brian M. Boynton to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 11/14/2012) (djc) Modified on 11/15/2012 (djc). (Entered: 11/15/2012)

Nov. 15, 2012 RECAP
30

INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Initial Report and Proposed Pretrial Scheduling Order Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young.(Geman, Rachel) (Entered: 12/06/2012)

Dec. 6, 2012 RECAP
31

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Danielle Yvette Conley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8048982. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit DC Certificate of Good Standing, # 3 Exhibit NY Certificate of Good Standing)(Conley, Danielle) Modified on 12/10/2012 (bcu). (Entered: 12/10/2012)

1 Text of Proposed Order

View on PACER

2 Exhibit DC Certificate of Good Standing

View on PACER

3 Exhibit NY Certificate of Good Standing

View on PACER

Dec. 10, 2012 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 31 MOTION for Danielle Yvette Conley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8048982. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Expired Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)

Dec. 10, 2012 PACER
32

NOTICE OF APPEARANCE by Colin Reardon on behalf of Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc. (Reardon, Colin) (Entered: 12/11/2012)

Dec. 11, 2012 RECAP
33

MOTION for Danielle Yvette Conley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8057645. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing: DC, # 3 Exhibit Certificate of Good Standing: NY)(Conley, Danielle) (Entered: 12/12/2012)

1 Text of Proposed Order

View on PACER

2 Exhibit Certificate of Good Standing: DC

View on PACER

3 Exhibit Certificate of Good Standing: NY

View on PACER

Dec. 12, 2012 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 33 MOTION for Danielle Yvette Conley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8057645. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Dec. 13, 2012 PACER

Minute Entry for proceedings held before Judge Harold Baer: Initial Pretrial Conference held on 12/13/2012. (rjm)

Dec. 13, 2012 PACER
34

ORDER FOR ADMISSION PRO HAC VICE granting 33 Motion for Danielle Yvette Conley to Appear Pro Hac Vice for all purposes as counsel for Defendants in the above entitled action in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. (Signed by Judge Harold Baer on 12/18/2012) (pl) (Entered: 12/18/2012)

Dec. 18, 2012 RECAP
35

JOINT PROPOSED ORDER REGARDING PROTOCOL FOR ELECTRONICALLY STORED INFORMATION AND OTHER DISCOVERY: This Joint Proposed Order Regarding Protocol for Electronically Stored Information and Other Discovery shall be the governing document(s) by which the parties and the Court manage the discovery process in this action. The parties and the Court recognize that this Proposed Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this Proposed Order may become necessary as more information becomes known to the parties. The parties have agreed that the most efficient course is to proceed with only limited discovery between the parties and certain third-party discovery pending resolution of a motion to dismiss to be filed by Defendants on December 21, 2012. Additional relief as set forth in this Order. (Signed by Judge Harold Baer on 12/18/2012) (pl) (Entered: 12/18/2012)

Dec. 18, 2012 RECAP

Set/Reset Deadlines: Motions due by 12/21/2012. (pl)

Dec. 18, 2012 PACER
36

MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc..(Levine, Noah) (Entered: 12/21/2012)

Dec. 21, 2012 RECAP
37

MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). (Memorandum in Support of Defendants' Motion to Dismiss). Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Appendix)(Levine, Noah) (Entered: 12/21/2012)

1 Appendix

View on RECAP

Dec. 21, 2012 RECAP
38

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...; ENDORSEMENT: "Sealed" and "Confidential" documents may be opened upon notice to the parties pursuant to further order of the court. (Signed by Judge Harold Baer on 1/2/2013) (djc) (Entered: 01/03/2013)

Jan. 3, 2013 RECAP
39

MOTION for Jonathan Adam Bressler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8109226. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing: NY)(Bressler, Jonathan) (Entered: 01/03/2013)

1 Text of Proposed Order

View on PACER

2 Exhibit Certificate of Good Standing: NY

View on PACER

Jan. 3, 2013 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 MOTION for Jonathan Adam Bressler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8109226. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Jan. 3, 2013 PACER
40

STIPULATED PRETRIAL SCHEDULING ORDER. Plaintiffs' Opposition to the Motion to Dismiss (Responses) due by 1/25/2013 (30 pages). Defendant's Reply in Support of the Motion to Dismiss due by 2/20/2013 (15 pages). Oral Argument on Motion to Dismiss set for 3/13/2013 at 10:30 AM before Judge Harold Baer, and as further set forth. (Signed by Judge Harold Baer on 1/3/2013) (rjm) (Entered: 01/04/2013)

Jan. 4, 2013 RECAP
41

ORDER FOR ADMISSION PRO HAC VICE granting 39 Motion for Jonathan A. Bressler to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close the motion. (Signed by Judge Harold Baer on 1/8/2013) (cd) (Entered: 01/08/2013)

Jan. 8, 2013 RECAP
42

MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). MOTION to Dismiss (Notice of Defendants' Motion to Dismiss).. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Schwartztol, Laurence) (Entered: 01/25/2013)

Jan. 25, 2013 PACER
43

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). (Reply Memorandum in Support of Defendants' Motion to Dismiss). Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Levine, Noah) (Entered: 02/20/2013)

Feb. 20, 2013 RECAP

Minute Entry for proceedings held before Judge Harold Baer: Oral Argument held begun & completed on 3/13/2013. Oral argument on Defts. motion to dismiss #36 - Decision reserved. (rjm)

March 13, 2013 PACER
44

STIPULATED AMENDED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: "Sealed" and "Confidential" documents may be opened upon notice to the parties pursuant to further order of the court. SO ORDERED. (Signed by Judge Harold Baer on 3/25/2013) (ama) (Entered: 03/25/2013)

March 25, 2013 RECAP
45

MOTION for Sarah L. Mehta to Withdraw as Attorney. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young.(Schwartztol, Laurence) (Entered: 05/01/2013)

May 1, 2013 RECAP
46

ORDER granting 45 Motion to Withdraw as Attorney. Attorney Sarah Mehta terminated. (Signed by Judge Harold Baer on 5/03/2013) (ama) (Entered: 05/03/2013)

May 3, 2013 RECAP
47

OPINION AND ORDER #103418: re: 36 MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). MOTION to Dismiss (Notice of Defendants' Motion to Dismiss). filed by Morgan Stanley & Co. LLC, Morgan Stanley, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Inc. For the foregoing reasons, Morgan Stanley's motion to dismiss is GRANTED as to Plaintiffs' ELCRA and ECOA claims. The motion is DENIED with respect to Plaintiffs' FHA claims. The Clerk of Court is directed to close this motion and remove it from my docket. SO ORDERED.(Signed by Judge Harold Baer on 7/25/2013) (ama) Modified on 7/26/2013 (sdi). (Entered: 07/25/2013)

July 25, 2013 RECAP
48

MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc..(Levine, Noah) (Entered: 08/05/2013)

Aug. 5, 2013 RECAP
49

MEMORANDUM OF LAW in Support re: 48 MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). (Memorandum in Support of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Exhibit A)(Levine, Noah) (Entered: 08/05/2013)

1 Exhibit A

View on RECAP

Aug. 5, 2013 RECAP
50

MOTION to Amend/Correct 40 Stipulation and Order, Set Deadlines, Set Hearings,,, Joint Motion for Adoption of Revised Scheduling Order. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc., Rebecca Pettway, Charmaine Williams, William Young.(Schwartztol, Laurence) (Entered: 08/06/2013)

Aug. 6, 2013 RECAP
51

ANSWER to 1 Complaint,. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc..(Ogden, David) (Entered: 08/08/2013)

Aug. 8, 2013 RECAP
52

TRANSCRIPT of Proceedings re: ARGUMENT held on 3/13/2013 before Judge Harold Baer. Court Reporter/Transcriber: Corinne Blair, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/9/2013. Redacted Transcript Deadline set for 9/19/2013. Release of Transcript Restriction set for 11/15/2013.(McGuirk, Kelly) (Entered: 08/14/2013)

Aug. 14, 2013 PACER
53

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/13/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/14/2013)

Aug. 14, 2013 RECAP
54

JOINT MOTION FOR ADOPTION OF REVISED SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b)(4), the Parties respectfully request that the Court amend the Pretrial Scheduling Order entered on January 4, 2013, in order to correct a drafting error and to reallocate time within the existing discovery period. 1 The grounds for this motion are set forth below: See Order. SO ORDERED (Signed by Judge Harold Baer on 8/21/2013) (rdz) (Entered: 08/21/2013)

Aug. 21, 2013 RECAP

Set/Reset Deadlines: Amended Pleadings due by 10/23/2013. Joinder of Parties due by 8/26/2013. (rdz)

Aug. 21, 2013 PACER
55

STIPULATION AND ORDER FOR ADOPTION OF REVISED PROTOCOL FOR ELECTRONICALLY STORED INFORMATION AND OTHER DISCOVERY: IT IS HEREBY STIPULATED AND AGREED by the Parties, and it is ORDERED by the Court that: 1. The deadline to comply with ESI Protocol ยง 2.c.ii, requiring exchange of lists of keyword search terms and hosting platforms, shall be extended until August 16, 2013; 2. The Parties shall comply with ESI Protocol ยง 2.c.iii, which requires the exchange any edits and/or additions to the proposed lists of search terms, by August 21, 2013; and 3. The Parties shall hold a meet-and-confer, as contemplated in ESI Protocol ยง 2.c.iv, on August 23, 2013. (Signed by Judge Harold Baer on 8/20/2013) (rdz) Modified on 8/23/2013 (rdz). (Entered: 08/21/2013)

Aug. 21, 2013 RECAP

Set/Reset Deadlines: Motions due by 3/25/2014. Responses due by 6/9/2014 Replies due by 7/24/2014. (rdz)

Aug. 21, 2013 PACER
56

MEMORANDUM OF LAW in Opposition re: 48 MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).).. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit)(Goodman, Rachel) (Entered: 08/22/2013)

1 Exhibit

View on RECAP

Aug. 22, 2013 RECAP
57

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Plaintiffs' Notice of Supplemental Authority Relevant to Plaintiffs' Opposition to Defendants' Motion to Stay re: 56 Memorandum of Law in Opposition to Motion,,. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit)(Schwartztol, Laurence) Modified on 9/4/2013 (db). (Entered: 08/30/2013)

1 Exhibit

View on PACER

Aug. 30, 2013 RECAP
58

REPLY MEMORANDUM OF LAW in Support re: 48 MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).). MOTION to Stay (Notice of Defendants' Motion to Stay Proceedings Pending a Decision by the Supreme Court in Mount Holly or, in the Alternative, to Certify an Appeal Pursuant to 28 U.S.C. 1292(b).).. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Levine, Noah) (Entered: 09/03/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Sept. 3, 2013 RECAP
59

MOTION for Brooke A. Tucker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8973309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Supplement Order, # 2 Supplement Certificate of Good Standing)(Merriweather-Tucker, Brooke) (Entered: 10/15/2013)

1 Supplement Order

View on PACER

2 Supplement Certificate of Good Standing

View on PACER

Oct. 15, 2013 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Brooke A. Tucker to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8973309. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Oct. 15, 2013 PACER
60

ORDER FOR ADMISSION PRO HAC VICE: granting 59 Motion for Brooke A. Tucker to Appear Pro Hac Vice. Application for Pro hac Vice GRANTED. The Clerk is instructed to close this motion. SO ORDERED.(Signed by Judge Harold Baer on 10/16/2013) (ama) (Entered: 10/16/2013)

Oct. 16, 2013 RECAP
61

LETTER addressed to Judge Harold Baer from David W. Ogden dated October 18, 2013 re: Updating the Court regarding developments relevant to Defendants' motion to stay these proceedings. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ogden, David) (Entered: 10/18/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Oct. 18, 2013 RECAP
62

LETTER addressed to Judge Harold Baer from Rachel Geman dated 10/23/2013 re: Response to Defendants' Letter dated October 18, 2013 (relating to Dkt. No. 61). Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit Doc. 23 Order Denying MTD)(Geman, Rachel) (Entered: 10/23/2013)

1 Exhibit Doc. 23 Order Denying MTD

View on PACER

Oct. 23, 2013 RECAP
63

LETTER addressed to Judge Harold Baer from David W. Ogden dated November 15, 2013 re: Updating the Court regarding developments relevant to Defendants' motion to stay these proceedings.. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc..(Ogden, David) (Entered: 11/15/2013)

Nov. 15, 2013 RECAP
64

LETTER addressed to Judge Harold Baer from Rachel E. Goodman dated November 18, 2013 re: Defendants' November 15 letter. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young.(Goodman, Rachel) (Entered: 11/18/2013)

Nov. 18, 2013 RECAP
65

LETTER addressed to Judge Harold Baer from Rachel E. Goodman dated December 10, 2013 re: Stipulation and Proposed Order for Adoption of Revised Scheduling Order. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Exhibit Stipulation and Proposed Order for Adoption of Revised Scheduling Order)(Goodman, Rachel) (Entered: 12/10/2013)

1 Exhibit Stipulation and Proposed Order for Adoption of Revised Scheduling Order

View on PACER

Dec. 10, 2013 PACER
66

MEMO ENDORSEMENT on STIPULATION AND ORDER FOR ADOPTION OF REVISED SCHEDULING ORDER: ENDORSEMENT: Sorry but this is far far more time than necessary, try again and bring it to trial month by November or December of 2014. -otherwise or until a realistic PTSO is submitted and signed by me the current order you all signed is in effect. I will only be in Chambers through the end of the year so work fast. SO ORDERED. (Signed by Judge Harold Baer on 12/13/2013) (ama) Modified on 12/16/2013 (ama). (Entered: 12/13/2013)

Dec. 13, 2013 PACER
67

MEMORANDUM ORDER denying 48 Motion to Stay. I have considered Defendants' remaining arguments and find them meritless. For the foregoing reasons, Defendants' motion for a certification of appeal is DENIED. The Clerk of Court is instructed to close this motion and remove it from my docket.(Signed by Judge Harold Baer on 12/13/2013) (ama) (Main Document 67 replaced on 12/16/2013) (ama). (Entered: 12/13/2013)

Dec. 13, 2013 PACER
68

TRANSCRIPT of Proceedings re: ARGUMENT held on 3/13/2013 before Judge Harold Baer. Court Reporter/Transcriber: Corinne Blair, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2014. Redacted Transcript Deadline set for 1/21/2014. Release of Transcript Restriction set for 3/20/2014.(McGuirk, Kelly) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/13/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
70

LETTER addressed to Judge Harold Baer from Rachel E. Goodman and Noah A. Levine dated December 17, 2013 re: Parties request a status conference. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young.(Goodman, Rachel) (Entered: 12/17/2013)

Dec. 17, 2013 PACER

Minute Entry for proceedings held before Judge Harold Baer: Telephone Conference held on 12/20/2013. (sc)

Dec. 20, 2013 PACER
71

LETTER addressed to Judge Harold Baer from Rachel E. Goodman dated December 23, 2013 re: Stipulation and Proposed Order for Adoption of Revised Scheduling Order. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order for Adoption of Revised Scheduling Order)(Goodman, Rachel) (Entered: 12/23/2013)

1 Text of Proposed Order Stipulation and Proposed Order for Adoption of Revised Sc

View on PACER

Dec. 23, 2013 PACER
72

STIPULATION AND ORDER FOR ADOPTION FOR REVISED SCHEDULING ORDER: I've signed the Stipulation but to tighten the schedule for your benefit and mine we will have oral argument on class cert motion last week in August and fully briefed summary judgment motions (assuming certification) no later than October 15 and plan for trial in December -this is all tentative unlike your schedule but this is or will be a 3 year old case under your schedule and that's not my choice -if it turns out I have a choice. Let's plan on pre trial conference either the day before or preferably directly following oral argument on class cert motion and see where we are. SO ORDERED.( Deposition due by 9/11/2014., Motions due by 5/13/2014., Responses due by 7/28/2014, Replies due by 9/11/2014., Ready for Trial by 3/23/2015.) (Signed by Judge Harold Baer on 12/26/2013) (ama) Modified on 12/30/2013 (ama). (Entered: 12/26/2013)

Dec. 26, 2013 RECAP
73

MOTION for Skye L. Perryman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9388816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Morgan Stanley, Morgan Stanley & Co. LLC, Morgan Stanley Abs Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc.. (Attachments: # 1 Certificate of Good Standing - District of Columbia, # 2 Certificate of Good Standing - Texas, # 3 Text of Proposed Order)(Perryman, Skye) (Entered: 02/25/2014)

1 Certificate of Good Standing - District of Columbia

View on PACER

2 Certificate of Good Standing - Texas

View on PACER

3 Text of Proposed Order

View on PACER

Feb. 25, 2014 PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 73 MOTION for Skye L. Perryman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9388816. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Feb. 25, 2014 PACER
74

ORDER FOR ADMISSION PRO HAC VICE granting 73 Motion for Skye L. Perryman to Appear Pro Hac Vice. (Signed by Judge Harold Baer on 3/3/2014) (ajs) (Entered: 03/03/2014)

March 3, 2014 RECAP
75

MOTION to Amend/Correct TO CONFORM AND AMEND THE SCHEDULING ORDER PURSUANT TO THE COURT'S DECEMBER 26, 2013 ORDER AND TO FEDERAL RULE OF CIVIL PROCEDURE 16(b)(4). Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Text of Proposed Order)(Geman, Rachel) (Entered: 03/13/2014)

1 Text of Proposed Order

View on PACER

March 13, 2014 PACER
76

MEMORANDUM OF LAW in Support re: 75 MOTION to Amend/Correct TO CONFORM AND AMEND THE SCHEDULING ORDER PURSUANT TO THE COURT'S DECEMBER 26, 2013 ORDER AND TO FEDERAL RULE OF CIVIL PROCEDURE 16(b)(4). MOTION to Amend/Correct TO CONFORM AND AMEND THE SCHEDULING ORDER PURSUANT TO THE COURT'S DECEMBER 26, 2013 ORDER AND TO FEDERAL RULE OF CIVIL PROCEDURE 16(b)(4).. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Geman, Rachel) (Entered: 03/13/2014)

March 13, 2014 RECAP
77

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicole D. Sugnet to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9500349. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beverly Adkins, Rubbie McCoy, Michigan Legal Services, Rebecca Pettway, Charmaine Williams, William Young. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Sugnet, Nicole) Modified on 3/27/2014 (wb). (Entered: 03/26/2014)

1 Affidavit

View on PACER

2 Text of Proposed Order

View on PACER

March 26, 2014 PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 77 MOTION for Nicole D. Sugnet to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9500349. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from Supreme Court of California with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)

March 27, 2014 PACER

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Oct. 15, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five black Detroit residents and Michigan Legal Services

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Morgan Stanley (New York), 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.

State law

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Impact

Housing

Predatory lending

Discrimination-area:

Housing Sales/Rental

Lending

Discrimination-basis:

Race discrimination

Race:

Black