Case: Allen v. Decision One Mortgage Company

1:07-cv-11669 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 6, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On September 6, 2007, a black homeowner filed a class-action lawsuit in the U.S. District Court for the District of Massachusetts against private banks and lenders, Direct One Mortgage Company and HSBC Finance Corporation, under the Equal Credit Opportunity Act ("ECOA"), the Fair Housing Act ("FHA"), 42 U.S.C. § 1981, and 42 U.S.C. § 1982. The plaintiff alleged that the defendants maintained a pattern or practice that had a discriminatory impact on black applicants in their home financing policies and practices, including fraudulent concealment. Specifically, the plaintiff 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 homeowners, creating a significantly higher likelihood of exposure to discretionary points and fees. Plaintiff sought declaratory and injuctive relief.

On November 2, 2007, the defendants filed a motion to dismiss, though after the plaintiff amended his complaint, the Court (Judge George A. O'Toole, Jr.) ruled the motion to dismiss moot.

On November 27, 2009, the plaintiff filed an amended complaint. The complaint added three named plaintiffs, who were Hispanic. Thus, the complaint was not a class action on behalf of similarly situated black and Hispanic homeowners. The complaint also added several defendants, who were subsidiaries of HSBC. In other respects, the compliant reiterated the original allegations. On the same day, the plaintiffs filed a notice of settlement.

Under the settlement agreement, the parties sought to certify class consisting of "all African-American or Hispanic persons throughout the United States who, between January 1, 2004 and the date of entry of the Preliminary Approval Order, obtained residential closed-end real estate secured loans from any of the following businesses: Decision One, HFC/Beneficial, HSBC Mortgage Corp. (USA) or HSBC Mortgage Services Telesales. The defendants agreed to identify class members based on their data. The defendants agreed to pay $6,500,000.00 for the benefit of the settlement class, including $1,800,000.00 in attorney's fees and $15,000.00 in service fees to the plaintiffs. Class members, who borrowed from Decision One, could claim $200 per loan. Two organizations received $125,000.00 to support financial education, homeownership education and/or foreclosure counseling activities. If anything remained, the two organizations would be paid a larger amount, but not exceeding $750,000.00. Any residual monies would be paid to charitable organizations engaged in housing assistance or consumer credit education, to be chosen by the mutual agreement of the parties. The defendants agreed to provide quarterly reports to the class counsel for the duration of the agreement. The defendants agreed to provide loan restructuring and foreclosure mitigation programs to class members until June 30, 2010.

On December 9, 2009, the Court issued an order preliminarily approving the settlement and certifying class. Following a fairness hearing, the Court issued the final judgment in the case approving the settlement on May 13, 2010.

Summary Authors

Zhandos Kuderin (7/31/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4824895/parties/allen-v-decision-one-mortgage-company-llc/

Judge(s)

Attorney for Plaintiff

Becker, Nance F. (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Attorney for Defendant

Allensworth, R. Bruce (Massachusetts)

Blase, Gregory M. (Massachusetts)

Judge(s)

O'Toole, George A. Jr. (Massachusetts)

Attorney for Plaintiff

Becker, Nance F. (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Costello, Kevin (Massachusetts)

Fanning, Lori A. (Illinois)

Feiner, Gillian R (Massachusetts)

Friedman, Andrew S. (Arizona)

Gertler, Jonathan E. (California)

Harrison, Wendy J. (Arizona)

Kavanagh, Shennan Alexandra (Massachusetts)

Klein, Gary E. (Massachusetts)

Matthews, Gregory (Massachusetts)

Meltzer, Joseph H. (Pennsylvania)

Miller, Coty R. (California)

Moffa, Donna Siegel (Pennsylvania)

Rothman, Robert M. (New York)

Sobol, Thomas M. (Massachusetts)

Stoia, John J. (California)

Taren, Jeffrey L. (Illinois)

Van Tine, Matthew E. (Illinois)

Attorney for Defendant

Allensworth, R. Bruce (Massachusetts)

Blase, Gregory M. (Massachusetts)

Freidel, Irene C. (Massachusetts)

Glass, Andrew C. (Massachusetts)

Hancock, Paul F. (Florida)

Messenger, Lucas A. (California)

Newman, Stephen J. (California)

Sanchez, Melissa D. (Florida)

Strickland, Julia B. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:07-cv-11669	Docket (PACER)	April 8, 2011	April 8, 2011 Docket
1 1:07-cv-11669	Class Action Complaint Allen v. Decision One Mortgage Company, LLC	Sept. 6, 2007	Sept. 6, 2007 Complaint
32 1:07-cv-11669	Order Allen v. Decision One Mortgage Company, LLC	Sept. 22, 2008	Sept. 22, 2008 Order/Opinion
58 1:07-cv-11669	Jury Trial Demanded Allen v. Decision One Mortgage Company, LLC	Nov. 27, 2009	Nov. 27, 2009 Pleading / Motion / Brief
59-2 1:07-cv-11669	Stipulation and Agreement of Settlement Allen v. Decision One Mortgage Company, LLC	Nov. 27, 2009	Nov. 27, 2009 Settlement Agreement
71 1:07-cv-11669	Preliminary Approval Order Allen v. Decision One Mortgage Company, LLC	Dec. 9, 2009	Dec. 9, 2009 Order/Opinion
87 1:07-cv-11669	Final Approval Order and Judgment Allen v. Decision One Mortgage Company, LLC	May 13, 2010	May 13, 2010 Settlement Agreement 2010 WL 1930148

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4824895/allen-v-decision-one-mortgage-company-llc/

Last updated Nov. 2, 2026, 9:34 p.m.

Docket for: Allen v. Decision One Mortgage Company, LLC

ECF Number	Date	Description	Link
1	Sept. 6, 2007	COMPLAINT against Decision One Mortgage Company, LLC, HSBC Finance Corporation, Zeus Funding, LLC Filing fee: $ 350, receipt number 1655946, filed by Suyapa Allen. (Attachments: # 1 Exhibits 1-3# 2 Civil Cover Sheet and Category Form)(Klein, Gary) (Additional attachment(s) added on 9/14/2011: # 3 Appendix, # 4 Exhibit Addendums) (Cataldo, Michael). (Entered: 09/06/2007)	RECAP
	Sept. 6, 2007	ELECTRONIC NOTICE of Case Assignment. Judge George A. O'Toole, Jr 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 Collings (York, Steve)
	Sept. 6, 2007	Summons Issued as to Decision One Mortgage Company, LLC, HSBC Finance Corporation, Zeus Funding, LLC. (Flaherty, Elaine)
2	Sept. 10, 2007	NOTICE of Appearance by Gillian R. Feiner on behalf of Suyapa Allen (Feiner, Gillian) Additional attachment(s) added on 10/9/2007 (Edge, Eugenia). (Entered: 09/10/2007)	RECAP
3	Sept. 10, 2007	NOTICE of Appearance by Shennan Alexandra Kavanagh on behalf of Suyapa Allen (Kavanagh, Shennan) Additional attachment(s) added on 10/9/2007 (Edge, Eugenia). (Entered: 09/10/2007)	RECAP
4	Sept. 21, 2007	NOTICE of Appearance by Matthew E. Van Tine on behalf of Suyapa Allen (Van Tine, Matthew) (Entered: 09/21/2007)	RECAP
5	Oct. 1, 2007	SUMMONS Returned Executed Decision One Mortgage Company, LLC served on 9/13/2007, answer due 10/3/2007. (Feiner, Gillian) (Entered: 10/01/2007)	RECAP
6	Oct. 3, 2007	NOTICE of Appearance by R. Bruce Allensworth on behalf of Decision One Mortgage Company, LLC, HSBC Finance Corporation (Allensworth, R.) (Entered: 10/03/2007)	RECAP
7	Oct. 3, 2007	NOTICE of Appearance by Irene C. Freidel on behalf of Decision One Mortgage Company, LLC, HSBC Finance Corporation (Freidel, Irene) (Entered: 10/03/2007)	RECAP
8	Oct. 3, 2007	NOTICE of Appearance by Gregory N. Blase on behalf of Decision One Mortgage Company, LLC, HSBC Finance Corporation (Blase, Gregory) (Entered: 10/03/2007)	RECAP
9	Oct. 3, 2007	Assented to MOTION for Extension of Time to November 2, 2007 to File Answer re 1 Complaint, or to otherwise respond to Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Blase, Gregory) (Entered: 10/03/2007)	RECAP
10	Oct. 4, 2007	CORPORATE DISCLOSURE STATEMENT by Decision One Mortgage Company, LLC. (Allensworth, R.) (Entered: 10/04/2007)	RECAP
11	Oct. 4, 2007	CORPORATE DISCLOSURE STATEMENT by HSBC Finance Corporation. (Allensworth, R.) (Entered: 10/04/2007)	RECAP
	Oct. 4, 2007	Judge George A. O'Toole Jr.: Electronic ORDER entered granting 9 Motion for Extension of Time to Answer Decision One Mortgage Company, LLC answer due 11/2/2007; HSBC Finance Corporation answer due 11/2/2007. (Lyness, Paul)
12	Oct. 9, 2007	SUMMONS Returned Executed Zeus Funding, LLC served on 9/20/2007, answer due 10/10/2007. (Feiner, Gillian) (Entered: 10/09/2007)	RECAP
13	Nov. 1, 2007	SUMMONS Returned Executed HSBC Finance Corporation served on 10/24/2007, answer due 11/13/2007. (Klein, Gary) (Entered: 11/01/2007)	RECAP
14	Nov. 2, 2007	MOTION to Dismiss Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Allensworth, R.) (Entered: 11/02/2007)	RECAP
15	Nov. 2, 2007	MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Motion to Dismiss Complaint Dismiss Complaint (Unopposed) by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Allensworth, R.) (Entered: 11/02/2007)	RECAP
16	Nov. 2, 2007	MEMORANDUM in Support re 14 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Decision One Mortgage Company, LLC, HSBC Finance Corporation. (Allensworth, R.) (Entered: 11/02/2007)	RECAP
17	Nov. 2, 2007	MEMORANDUM in Support re 14 MOTION to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) filed by HSBC Finance Corporation. (Allensworth, R.) (Entered: 11/02/2007)	RECAP
18	Nov. 2, 2007	DECLARATION by Margo J. Hickman re 14 MOTION to Dismiss Complaint by HSBC Finance Corporation. (Allensworth, R.) Modified on 11/5/2007 (Edge, Eugenia). (Entered: 11/02/2007)	RECAP
	Nov. 5, 2007	Judge George A. O'Toole Jr.: Electronic ORDER entered granting 15 Motion for Leave to File Excess Pages. Memorandum in Support filed and assigned docket entry #16. (Edge, Eugenia)
19	Nov. 15, 2007	Joint MOTION TO SET BRIEFING SCHEDULE and for Leave to File REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND by Suyapa Allen.(Klein, Gary) Modified on 11/16/2007 (Edge, Eugenia). (Entered: 11/15/2007)	RECAP
	Nov. 20, 2007	Judge George A. O'Toole Jr.: Electronic ORDER entered granting 19 Motion to set briefing schedule AND for Leave to File Reply in Support of Defendants' Motion to Dismiss; Plaintiffs' opposition due on or before 12/14/07. Defendants' response due on or before 1/18/08. (Edge, Eugenia)
20	Dec. 7, 2007	NOTICE of Withdrawal of Appearance by Gillian R. Feiner (Feiner, Gillian) (Entered: 12/07/2007)	RECAP
21	Dec. 14, 2007	Assented to MOTION to Continue Briefing Schedule to February 7, 2008 on Defendants' Motion to Dismiss by Suyapa Allen.(Klein, Gary) (Entered: 12/14/2007)	RECAP
22	Dec. 14, 2007	MOTION for Leave to Appear Pro Hac Vice for admission of Paul F. Hancock Filing fee $ 50, receipt number 1780406. by Decision One Mortgage Company, LLC, HSBC Finance Corporation. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Blase, Gregory) (Entered: 12/14/2007)	RECAP
23	Dec. 14, 2007	MOTION for Leave to Appear Pro Hac Vice for admission of Melissa D. Sanchez Filing fee $ 50, receipt number 1780413. by Decision One Mortgage Company, LLC, HSBC Finance Corporation. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Blase, Gregory) (Entered: 12/14/2007)	RECAP
	Dec. 17, 2007	Judge George A. OToole, Jr: Electronic ORDER entered granting 21 Motion to Continue (Lyness, Paul) Modified on 12/20/2007 (Edge, Eugenia).
	Dec. 17, 2007	Judge George A. OToole, Jr: Electronic ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Paul F. Hancock for Decision One Mortgage Company, LLC and HSBC Finance Corporation (Edge, Eugenia)
	Dec. 17, 2007	Judge George A. OToole, Jr: Electronic ORDER entered granting 23 Motion for Leave to Appear Pro Hac Vice Added Melissa D. Sanchez for Decision One Mortgage Company, LLC and HSBC Finance Corporation (Edge, Eugenia)
24	Feb. 6, 2008	Assented to MOTION to Amend Briefing Schedule On Defendants' Motion To Dismiss by Suyapa Allen.(Klein, Gary) (Entered: 02/06/2008)	RECAP
	Feb. 11, 2008	Judge George A. OToole, Jr: Electronic ORDER entered granting 24 Motion to Amend. Plaintiff shall file her Opposition to the Motion to Dismiss on or before 3/7/08; Decision One and HSBC Finance shall file their Reply in support of the Motion to Dismiss on or before 4/7/08. (Lyness, Paul)
25	March 7, 2008	Unopposed MOTION for Extension of Time to 06/02/2008 to File Opposition to Motion to Dismiss by Suyapa Allen.(Klein, Gary) Modified on 3/7/2008 (Edge, Eugenia). (Entered: 03/07/2008)	RECAP
	March 10, 2008	Judge George A. OToole, Jr: Electronic ORDER entered granting 25 Motion for Extension of Time. Plaintiff shall file her Opposition to the Motion to Dismiss on or before 6/2/08; Decision One and HSBC Finance shall file their Reply in Support of the Motion to Dismiss on or before 7/7/08. (Lyness, Paul)
26	March 11, 2008	NOTICE of Appearance by Kevin Costello on behalf of Suyapa Allen (Costello, Kevin) (Entered: 03/11/2008)	RECAP
27	May 20, 2008	MOTION for Extension of Time to July 31, 2008 to File Opposition to Motion to Dismiss by Suyapa Allen.(Klein, Gary) (Entered: 05/20/2008)	RECAP
	May 22, 2008	ELECTRONIC NOTICE of Hearing on Motion 27 MOTION for Extension of Time to July 31, 2008 to File Opposition to Motion to Dismiss : Motion Hearing set for 6/11/2008 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
	June 11, 2008	Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 6/11/2008 re 27 MOTION for Extension of Time to July 31, 2008 to File Opposition to Motion to Dismiss filed by Suyapa Allen, The court GRANTS the motion(27). Motions terminated: 27 MOTION for Extension of Time to July 31, 2008 to File Opposition to Motion to Dismiss filed by Suyapa Allen. (Court Reporter: Debra Joyce.)(Attorneys present: For Plaintiff; Gary Klein; For Defendant: R. Bruce Allensworth) (Lyness, Paul)
28	July 31, 2008	NOTICE by Suyapa Allen of Filing First Amended Class Action Complaint (Klein, Gary) (Entered: 07/31/2008)	RECAP
29	July 31, 2008	First AMENDED COMPLAINT against Decision One Mortgage Company, LLC, HSBC Finance Corporation, filed by Suyapa Allen. (Attachments: # 1 Exhibit 1-8)(Klein, Gary) (Entered: 07/31/2008)	RECAP
30	Aug. 5, 2008	MOTION To Substitute The Corrected First Amended Complaint For the First Amended Complaint Filed On July 31, 2008 re 29 Amended Complaint by Glenda Medina, Suyapa Allen. (Attachments: # 1 Exhibit A)(Klein, Gary) (Entered: 08/05/2008)	RECAP
31	Aug. 15, 2008	Assented to MOTION for Extension of Time to October 31, 2008 to File Answer re 29 Amended Complaint or to otherwise respond to same by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Allensworth, R.) (Entered: 08/15/2008)	RECAP
	Aug. 18, 2008	Judge George A. OToole, Jr: Electronic ORDER entered granting 31 Motion for Extension of Time to Answer re 29 Amended Complaint Decision One Mortgage Company, LLC answer due 10/31/2008; HSBC Finance Corporation answer due 10/31/2008. (Lyness, Paul)
32	Sept. 22, 2008	Judge George A. OToole, Jr: ORDER entered granting 30 Plaintiff's Unopposed Motion to Substitute the Corrected First Amended Complaint for the First Amended Complaint Filed on July 31, 2008 ; finding as moot 14 Motion to Dismiss (Lyness, Paul) (Entered: 09/22/2008)	RECAP
33	Oct. 27, 2008	Assented to MOTION for Extension of Time to December 29, 2008 to File Answer re 29 Amended Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Allensworth, R.) (Entered: 10/27/2008)	RECAP
	Oct. 31, 2008	Judge George A. OToole, Jr: Electronic ORDER entered granting 33 Motion for Extension of Time to Answer re 29 Amended Complaint Decision One Mortgage Company, LLC answer due 12/29/2008; HSBC Finance Corporation answer due 12/29/2008. (Lyness, Paul)
34	Dec. 22, 2008	Assented to MOTION for Extension of Time to January 30, 2008 to Respond to Plaintiffs' Corrected First Amended Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Allensworth, R.) (Entered: 12/22/2008)	RECAP
	Dec. 23, 2008	Judge George A. OToole, Jr: Electronic ORDER entered granting 34 Motion for Extension of Time (Lyness, Paul)
35	Jan. 26, 2009	Assented to MOTION for Extension of Time to March 31, 2009 to File Answer or to Respond to Plaintiffs' Corrected First Amended Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Allensworth, R.) (Entered: 01/26/2009)	RECAP
	Feb. 2, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 35 Motion for Extension of Time to Answer re 29 Amended Complaint Decision One Mortgage Company, LLC answer due 3/31/2009; HSBC Finance Corporation answer due 3/31/2009. (Lyness, Paul)
36	March 30, 2009	Assented to MOTION for Extension of Time to File Answer re 29 Amended Complaint by Decision One Mortgage Company, LLC, HSBC Finance Corporation.(Freidel, Irene) (Entered: 03/30/2009)	RECAP
	March 31, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 36 Motion for Extension of Time to Answer re 29 Amended Complaint Decision One Mortgage Company, LLC answer due 4/13/2009; HSBC Finance Corporation answer due 4/13/2009. (Lyness, Paul)
37	April 13, 2009	MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) by HSBC Finance Corporation.(Allensworth, R.) (Entered: 04/13/2009)	RECAP
38	April 13, 2009	MEMORANDUM in Support re 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by HSBC Finance Corporation. (Allensworth, R.) (Entered: 04/13/2009)	RECAP
39	April 13, 2009	DECLARATION re 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) (Supplemental Declaration of Margo Hickman) by HSBC Finance Corporation. (Attachments: # 1 Exhibit A)(Allensworth, R.) (Entered: 04/13/2009)	RECAP
40	April 13, 2009	ANSWER to 29 Amended Complaint with Affirmative Defenses by Decision One Mortgage Company, LLC.(Allensworth, R.) (Entered: 04/13/2009)	RECAP
41	April 24, 2009	MOTION for Extension of Time to May 4, 2009 to File Response/Reply as to 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) (Unopposed) by Glenda Medina, Suyapa Allen.(Kavanagh, Shennan) (Entered: 04/24/2009)	RECAP
	April 27, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 41 Motion for Extension of Time to File Response/Reply re 41 MOTION for Extension of Time to May 4, 2009 to File Response/Reply as to 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) (Unopposed) Responses due by 5/4/2009 (Lyness, Paul)
42	May 4, 2009	NOTICE of Voluntary Dismissal by Glenda Medina, Suyapa Allen (Klein, Gary) (Entered: 05/04/2009)	RECAP
43	May 4, 2009	NOTICE by Glenda Medina, Suyapa Allen Suggestion of Mootness of Defendant, HSBC Finance Corporation's Motion to Dismiss for Lack of Personal Jurisdiction (Klein, Gary) (Entered: 05/04/2009)	RECAP
	May 5, 2009	Motions terminated: 37 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by HSBC Finance Corporation. See (#43) Suggestion of Mootness. (Edge, Eugenia)
44	May 12, 2009	NOTICE of Scheduling Conference Scheduling Conference set for 6/8/2009 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 05/12/2009)	RECAP
45	May 12, 2009	General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Lyness, Paul) (Entered: 05/12/2009)	RECAP
46	May 12, 2009	NOTICE of Appearance by Andrew C. Glass on behalf of Decision One Mortgage Company, LLC (Glass, Andrew) (Entered: 05/12/2009)	RECAP
47	June 1, 2009	JOINT SUBMISSION pursuant to Local Rule 16.1 by Glenda Medina, Suyapa Allen.(Klein, Gary) (Entered: 06/01/2009)	RECAP
48	June 1, 2009	CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by Decision One Mortgage Company, LLC.(Glass, Andrew) (Entered: 06/01/2009)	RECAP
	June 8, 2009	Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Scheduling Conference held on 6/8/2009. Plaintiff's Initial Expert Witness Disclosure on Class Certification Issues by 10/19/09; Defendant's Rebuttal Expert Witness Disclosure on Class Certification Issues by 12/19/09; Plaintiff's Rebuttal Expert Witness Disclosure on Class Certification Issues by 1/19/10; Expert Discovery on Class Certification Issues Cut-Off Date by 3/31/10; Filing deadline for Motion for Class Certification by 5/15/10 and response due by 6/15/10. (Court Reporter: Marcia Patrisso.)(Attorneys present: For Plaintiff: Gary Klein and Shennan Alexandra Kavanagh; For Defendants: Andrew Glass and R. Bruce Allensworth) (Lyness, Paul)
49	June 9, 2009	CERTIFICATION pursuant to Local Rule 16.1 by Glenda Medina.(Klein, Gary) Modified on 6/10/2009 to remove filer (Patch, Christine). (Entered: 06/09/2009)	RECAP
50	June 9, 2009	CERTIFICATION pursuant to Local Rule 16.1 by Suyapa Allen.(Klein, Gary) Modified on 6/10/2009 to remove filer (Patch, Christine). (Entered: 06/09/2009)	RECAP
	June 11, 2009	Set Scheduling Order Deadlines: Expert Discovery on Class Certification Issues to be completed by 3/31/2010. Motions for Class Certification due by 5/15/2010. Response due by 6/15/10; Plaintiff's Initial Expert Witness Disclosure on Class Certification Issues by 10/19/09; Defendant's Rebuttal Expert Witness Disclosure on Class Certification Issues by 12/19/09; Plaintiff's Rebuttal Expert Witness Disclosure on Class Certification Issues by 1/19/10. (Edge, Eugenia)
51	Sept. 16, 2009	STIPULATION to Abate Deadlines by Glenda Medina, Suyapa Allen. (Kavanagh, Shennan) (Entered: 09/16/2009)	RECAP
52	Sept. 25, 2009	Judge George A. OToole, Jr: ORDER entered. 60 DAY SETTLEMENT ORDER OF DISMISSAL (Lyness, Paul) (Entered: 09/25/2009)	RECAP
	Sept. 25, 2009	Civil Case Terminated. (Lyness, Paul)
53	Nov. 24, 2009	MOTION for Leave to Appear Pro Hac Vice for admission of Julia B. Strickland Filing fee $ 50, receipt number 01010000000002678890. by Decision One Mortgage Company, LLC. (Attachments: # 1 Exhibit A Certificate of Julia B. Strickland, # 2 Text of Proposed Order)(Blase, Gregory) (Entered: 11/24/2009)	RECAP
54	Nov. 24, 2009	MOTION for Leave to Appear Pro Hac Vice for admission of Stephen J. Newman Filing fee $ 50, receipt number 01010000000002678921. by Decision One Mortgage Company, LLC. (Attachments: # 1 Exhibit A (Certificate of Stephen Newman), # 2 Text of Proposed Order)(Blase, Gregory) (Entered: 11/24/2009)	RECAP
55	Nov. 24, 2009	MOTION for Leave to Appear Pro Hac Vice for admission of Lucas A. Messenger Filing fee $ 50, receipt number 01010000000002679054. by Decision One Mortgage Company, LLC. (Attachments: # 1 Exhibit A (Certificate of Lucas Messenger), # 2 Text of Proposed Order)(Blase, Gregory) (Entered: 11/24/2009)	RECAP
56	Nov. 24, 2009	MOTION for Leave to Appear Pro Hac Vice for admission of Mark A. Chavez Filing fee $ 50, receipt number 01010000000002680049. by Glenda Medina, Suyapa Allen. (Attachments: # 1 Exhibit A)(Klein, Gary) (Entered: 11/24/2009)	RECAP
	Nov. 24, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 53 Motion for Leave to Appear Pro Hac Vice; Added Julia B. Strickland for Decision One Mortgage Company, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul)
	Nov. 24, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 54 Motion for Leave to Appear Pro Hac Vice; Added Stephen J. Newman for Decision One Mortgage Company, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul)
	Nov. 24, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting 55 Motion for Leave to Appear Pro Hac Vice; Added Lucas A. Messenger for Decision One Mortgage Company, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lyness, Paul)
57	Nov. 27, 2009	STIPULATION to the Filing of a Consolidated Amended Class Action Complaint for Settlement Purposes by Glenda Medina, Suyapa Allen. (Klein, Gary) (Entered: 11/27/2009)	RECAP
58	Nov. 27, 2009	AMENDED COMPLAINT against HSBC Finance Corporation, HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC (First Consolidated), filed by Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Glenda Medina, Suyapa Allen.(Klein, Gary) Modified docket text on 11/27/2009 (Burgos, Sandra). (Entered: 11/27/2009)	RECAP
59	Nov. 27, 2009	NOTICE of Settlement (Class Action) by Glenda Medina, Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Suyapa Allen (Attachments: # 1 Stipulation and Agreement of Settlement, # 2 Exhibit A - List of HSBC Entities, # 3 Exhibit B - [Proposed] Preliminary Approval Order, # 4 Exhibit C - [Proposed] Final Approval Order, # 5 Exhibit D1 - [Proposed] Class Notice - Decision One, # 6 Exhibit D2 - [Proposed] Class Notice - General, # 7 Exhibit E - [Proposed] Claim Form)(Klein, Gary) (Entered: 11/27/2009)	RECAP
60	Nov. 27, 2009	MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed) by Glenda Medina, Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Suyapa Allen. (Attachments: # 1 Exhibit A)(Klein, Gary) (Entered: 11/27/2009)	RECAP
61	Nov. 27, 2009	MEMORANDUM in Support re 60 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed) filed by Glenda Medina, Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Suyapa Allen. (Attachments: # 1 Exhibit 1 - Declaration of Gary Klein, # 2 Exhibit 2 - Declaration of Mark A. Chavez, # 3 Exhibit 3 - Declaration of Donna Siegel Moffa)(Klein, Gary) (Entered: 11/27/2009)	RECAP
62	Nov. 27, 2009	CERTIFICATE OF SERVICE by Glenda Medina, Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Suyapa Allen re 57 Stipulation, 58 Amended Complaint, 60 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed), 61 Memorandum in Support of Motion, 59 Notice of Settlement,,. (Klein, Gary) (Entered: 11/27/2009)	RECAP
	Dec. 3, 2009	ELECTRONIC NOTICE of Hearing on Motion 60 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed) : Motion Hearing set for 12/9/2009 11:00 AM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
63	Dec. 4, 2009	NOTICE of Appearance by R. Bruce Allensworth on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC (Allensworth, R.) (Entered: 12/04/2009)	RECAP
64	Dec. 4, 2009	NOTICE of Appearance by Andrew C. Glass on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC (Glass, Andrew) (Entered: 12/04/2009)	RECAP
65	Dec. 4, 2009	NOTICE of Appearance by Gregory N. Blase on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC (Blase, Gregory) (Entered: 12/04/2009)	RECAP
66	Dec. 7, 2009	NOTICE of Appearance by Julia B. Strickland on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC, HSBC Finance Corporation (Strickland, Julia) (Entered: 12/07/2009)	RECAP
67	Dec. 7, 2009	NOTICE of Appearance by Stephen J. Newman on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC, HSBC Finance Corporation (Newman, Stephen) (Entered: 12/07/2009)	RECAP
68	Dec. 7, 2009	NOTICE of Appearance by Lucas A. Messenger on behalf of HSBC North America Holdings, Inc., HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC, HSBC Finance Corporation (Messenger, Lucas) (Entered: 12/07/2009)	RECAP
69	Dec. 7, 2009	CERTIFICATE OF SERVICE by HSBC Finance Corporation, HSBC Mortgage Services, Inc., HSBC Mortgage Corporation (USA), Decision One Mortgage Company, LLC for the CAFA Notice for the Proposed Settlement. (Messenger, Lucas) (Entered: 12/07/2009)	RECAP
70	Dec. 8, 2009	NOTICE by Glenda Medina, Freddie Ramon Chavez Toruno, Demetrie Doiron, Rosalind Cavero, Suyapa Allen re 59 Notice of Settlement,, (Notice of Joint Filing Pursuant to Fed. R. Civ. P. 23(e)(3)) (Attachments: # 1 Attachment)(Klein, Gary) (Entered: 12/08/2009)	RECAP
71	Dec. 9, 2009	Judge George A. OToole, Jr: ORDER entered. re 60 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed) filed by Demetrie Doiron, Rosalind Cavero, Freddie Ramon Chavez Toruno, Suyapa Allen, Glenda Medina (Lyness, Paul) (Entered: 12/09/2009)	RECAP
	Dec. 9, 2009	Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 12/9/2009 re 60 MOTION for Settlement (Preliminary Approval of Class Action Settlement) (Unopposed) filed by Demetrie Doiron, Rosalind Cavero, Freddie Ramon Chavez Toruno, Suyapa Allen, Glenda Medina. This case was closed by a 60 day settlement order. That order is now VACATED and this case is reopened for consideration of the settlement approval. (Court Reporter: Marcia Patrisso.)(Attorneys present: For Plaintiffs: Gary Klein and Kevin Costello; For Defendant: Julia Strickland ( by telephone)) (Lyness, Paul)
	Dec. 9, 2009	Case Reopened (Lyness, Paul)
	Dec. 9, 2009	Judge George A. OToole, Jr: Electronic ORDER entered granting in 60 Motion for Settlement (Lyness, Paul)

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 6, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black and Hispanic homeowners, who took out loans from Direct One Mortgage Company and HSBC Financing Corporation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

HSBC Financing Corporation

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

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

Other Dockets:

District of Massachusetts 1:07-cv-11669

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Reporting

Amount Defendant Pays: 6,500,000.00

Order Duration: 2010 - 2010

Issues

General/Misc.:

Pattern or Practice

Predatory lending

Discrimination Area:

Disparate Impact

Lending

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation

Case Summary of Allen v. Decision One Mortgage Company, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/12531/ (last updated 7/31/2014).