Case: National Community Reinvestment Coalition v. Novastar Financial

1:07-cv-00861 | U.S. District Court for the District of Columbia

Filed Date: May 9, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 9, 2007, represented by the civil rights firm Relman, Dane & Colfax, Plaintiff brought this action against NovaStar, Inc. in the U.S. District Court for the District of Columbia. Plaintiff is a national non-profit organization with the mission and purpose of increasing fair and equal access to credit, capital, and banking services and products for all Americans, regardless of race, national origin, or disability. In its original complaint, Plaintiff asserted that Defendant, a private l…

On May 9, 2007, represented by the civil rights firm Relman, Dane & Colfax, Plaintiff brought this action against NovaStar, Inc. in the U.S. District Court for the District of Columbia. Plaintiff is a national non-profit organization with the mission and purpose of increasing fair and equal access to credit, capital, and banking services and products for all Americans, regardless of race, national origin, or disability. In its original complaint, Plaintiff asserted that Defendant, a private lending corporation, maintained a discriminatory policy of prohibiting lending to properties involving row houses, property on Indian reservations, and properties involved with adult foster care facilities. Plaintiff claimed that this disproportionately had an adverse effect on African Americans, Native Americans, and the disabled, in violation of the Fair Housing Act of 1968 ("FHA"), 42 U.S.C. §§ 3601 et seq. Plaintiff claimed that these discriminatory policies adversely affected it in two ways: (1) they interfered with its efforts to assist, educate and advocate for the promotion of fair lending, and (2) required it to commit scarce resources to investigate complaints and educate the public about Defendant's lending practices. Consequently, Plaintiff sought: (1) declaratory judgment that Defendant was violating the FHA, (2) preliminary and permanent injunctions enjoining Defendant from discriminating in this manner, (3) compensatory damages that would fully compensate Plaintiff for the diversion of resources and frustration of mission that was caused, (4) punitive damages for the willful, wanton, and reckless conduct, (5) attorney's fees.

On May 30, 2007, Defendant moved to dismiss the complaint, arguing that Section 3604 of the FHA should be read narrowly. If done so, Defendants argued, mortgage financing is not covered by the FHA. Judge Royce C. Lamberth denied this motion on April 28, 2008, stating that case law and the broad language of the FHA prohibited discriminatory mortgage financing.

Plaintiff moved on April 28, 2008, for an entry of default, arguing that Defendant had failed to answer their complaint. However, Judge Lamberth denied this motion on May 1, 2008, providing no reason. 2008 WL 977351 (D.D.C. 2008).

On March 27, 2009, Plaintiff filed an amended complaint, adding W. Lance Anderson, the president of NovaStar, as a co-defendant. Anderson moved to dismiss this complaint on April 27, 2009, arguing that the court lacked personal jurisdiction. Judge Lambert denied Anderson's motion to dismiss on June 22, 2009, in which he stated it was clear that Anderson exerted significant influence over NovaStar's policies, procedures and operations, and is more than just "an employee" of the entity. 631 F. Supp. 2d 1 (D.D.C. 2009).

On July 13, 2009, Judge Lambert ordered a stay on this case for mediation. The parties submitted a stipulation of dismissal with prejudice on December 1, 2009, citing an undisclosed settlement agreement. However, according to the Relman, Dane & Colfax website, the parties agreed to three settlements, in which "the mortgage lenders and their affiliates agreed to discontinue the discriminatory policies, implement training programs to ensure their practices are compliant with the Fair Housing Act and compensate the NCRC for the diversion of its resources and the frustration of its mission caused by the discriminatory practices. Altogether the three mortgage companies paid more than $1 million to resolve the claims."

Summary Authors

Dan Osher (6/19/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4207151/parties/national-community-reinvestment-coalition-v-novastar-financial-inc/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Babinecz, Elena G. (California)

Blower, Bradley Howard (District of Columbia)

Cacace, Megan (District of Columbia)

Kider, Mitchel H (District of Columbia)

Relman, John Peter (District of Columbia)

Schlactus, Glenn (District of Columbia)

Attorneys(s) for Defendant

Perryman, Brian Patrick (District of Columbia)

Souders, David (District of Columbia)

Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Babinecz, Elena G. (California)

Blower, Bradley Howard (District of Columbia)

Cacace, Megan (District of Columbia)

Kider, Mitchel H (District of Columbia)

Relman, John Peter (District of Columbia)

Schlactus, Glenn (District of Columbia)

Attorneys(s) for Defendant

Perryman, Brian Patrick (District of Columbia)

Souders, David (District of Columbia)

Documents in the Clearinghouse

Document

1:07-cv-00861

Docket

Dec. 1, 2009

Dec. 1, 2009

Docket
15

1:07-cv-00861

Memorandum and Order

National Community Reinvestment Coalition v. NovaStar

2008 WL 977351

March 31, 2008

March 31, 2008

Order/Opinion
58

1:07-cv-00861

First Amended Complaint for Declaratory and Injunctive Relief and Damages

National Community Reinvestment Coalition v. Novastar Financial, Inc.

March 27, 2009

March 27, 2009

Complaint
72

1:07-cv-00861

Memorandum and Order

National Community Reinvestment Coalition v. Novastar Financial, Inc.

631 F.Supp.2d 1

June 22, 2009

June 22, 2009

Order/Opinion
80

1:07-cv-00861

Stipulation of Dismissal

National Community Reinvestment Coalition v. Novastar Financial, Inc.

Dec. 1, 2009

Dec. 1, 2009

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4207151/national-community-reinvestment-coalition-v-novastar-financial-inc/

Last updated Aug. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. ( Filing fee $ 350, receipt number 4616004121) filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # (1) Exhibit A - B# (2) Civil Cover Sheet)(tg, )

May 9, 2007

May 9, 2007

RECAP
2

ENTERED IN ERROR.....MOTION to Dismiss by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Souders, David) Modified on 5/31/2007 (tg, ).

May 30, 2007

May 30, 2007

RECAP
3

MOTION to Dismiss by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # (1) Memorandum in Support of Motion to Dismiss# (2) Text of Proposed Order)(Souders, David)

May 30, 2007

May 30, 2007

RECAP
4

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Souders, David)

May 30, 2007

May 30, 2007

RECAP
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NOVASTAR FINANCIAL INC. served on 5/11/2007, answer due 5/31/2007 (Relman, John)

June 12, 2007

June 12, 2007

RECAP
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NOVASTAR MORTGAGE INC. served on 5/10/2007, answer due 5/30/2007 (Relman, John)

June 12, 2007

June 12, 2007

RECAP
7

Memorandum in opposition to re [3] MOTION to Dismiss filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # (1) Attachment A# (2) Attachment B# (3) Text of Proposed Order)(Relman, John)

June 13, 2007

June 13, 2007

RECAP
8

REPLY to opposition to motion re [3] MOTION to Dismiss filed by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Souders, David)

June 22, 2007

June 22, 2007

RECAP
9

NOTICE of Appearance by Glenn Schlactus on behalf of NATIONAL COMMUNITY REINVESTMENT COALITION (Schlactus, Glenn)

Aug. 3, 2007

Aug. 3, 2007

RECAP
10

NOTICE of Appearance by Bradley Howard Blower on behalf of NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley)

Aug. 3, 2007

Aug. 3, 2007

RECAP
11

NOTICE of Appearance by Elena Grigera on behalf of NATIONAL COMMUNITY REINVESTMENT COALITION (Grigera, Elena)

Aug. 6, 2007

Aug. 6, 2007

RECAP
12

MOTION to Withdraw as Attorney of Elena Grigera as counsel for Plaintiff National Community Reinvestment Coalition by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # (1) Text of Proposed Order)(Grigera, Elena)

Jan. 17, 2008

Jan. 17, 2008

RECAP
13

ORDER granting [12] Motion to Withdraw as Attorney.. Signed by Judge Royce C. Lamberth on 01/18/2008. (lcrcl2, )

Jan. 18, 2008

Jan. 18, 2008

RECAP
14

MOTION to Withdraw as Counsel for Defendants by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Perryman, Brian)

Feb. 20, 2008

Feb. 20, 2008

RECAP
15

MEMORANDUM & ORDER denying [3] Motion to Dismiss. Signed by Judge Royce C. Lamberth on 03/31/2008. (lcrcl2, )

March 31, 2008

March 31, 2008

RECAP
16

MOTION for Entry of Default by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # (1) Declaration Bradley H. Blower in Support of Motion for Entry of Default, # (2) Exhibit Attachment A - Novastar Mortgage Return of Service, # (3) Exhibit Attachment B - Novastar Financial Return of Service, # (4) Text of Proposed Order Proposed Order)(Blower, Bradley)

April 28, 2008

April 28, 2008

RECAP
17

MOTION for Extension of Time to File Answer by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order Order)(Souders, David)

April 28, 2008

April 28, 2008

RECAP
18

Memorandum in opposition to re [17] MOTION for Extension of Time to File Answer and Reply Brief in Support of re [16] Motion for Entry of Default filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # (1) Exhibit Attachment A - Novastar Financial 10-K Filing)(Blower, Bradley)

May 1, 2008

May 1, 2008

RECAP
19

ORDER denying [16] Motion for Entry of Default; granting [17] Motion to File Answer Out of Time. Signed by Chief Judge Royce C. Lamberth on 05/01/2008. (lcrcl2, )

May 1, 2008

May 1, 2008

RECAP
20

ANSWER to [1] Complaint with Jury Demand by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. Related document: [1] Complaint filed by NATIONAL COMMUNITY REINVESTMENT COALITION.(tg, )

May 1, 2008

May 1, 2008

RECAP
21

ORDER requiring parties to meet and confer and jointly submit a written report and proposed scheduling order. Signed by Chief Judge Royce C. Lamberth on 06/04/2008. (lcrcl2, )

June 4, 2008

June 4, 2008

RECAP
22

MEET AND CONFER STATEMENT. (Blower, Bradley)

June 19, 2008

June 19, 2008

RECAP
23

SCHEDULING ORDER. Signed by Chief Judge Royce C. Lamberth on 06/23/2008. (lcrcl2, )

June 23, 2008

June 23, 2008

RECAP
24

Joint MOTION for Protective Order by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # (1) Text of Proposed Order Stipulated Protective Order Governing the Designation and Use of Confidential Personal Identifying Information)(Blower, Bradley)

Aug. 25, 2008

Aug. 25, 2008

RECAP
25

STIPULATED PROTECTIVE ORDER Governing Confidential Information. Signed by Chief Judge Royce C. Lamberth on 8/27/08. (Attachments: # (1) Certificate Regarding Stipulated Protective Order) (lcrcl2, )

Aug. 27, 2008

Aug. 27, 2008

RECAP
26

MOTION to Amend/Correct Complaint by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2)(Blower, Bradley)

Aug. 27, 2008

Aug. 27, 2008

RECAP
27

Memorandum in opposition to re [26] MOTION to Amend/Correct Complaint filed by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Attachments: # (1) Text of Proposed Order Proposed Order, # (2) Exhibit A, # (3) Exhibit B)(Souders, David)

Sept. 8, 2008

Sept. 8, 2008

RECAP
54

MEMORANDUM OPINION. Signed by Chief Judge Royce C. Lamberth on 3/27/09. (lcrcl2, )

March 27, 2009

March 27, 2009

RECAP
28

Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for Leave to Amend by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # 1 Text of Proposed Order)(Relman, John) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

29

ORDER granting 28 Motion for Extension of Time to File Reply re 28 Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for Leave to Amend . Reply due by 9/26/2008. Signed by Chief Judge Royce C. Lamberth on 9/15/08. (lcrcl2, ) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

Set/Reset Deadlines: Plaintiff's Reply due by 9/26/2008. (rje, ) (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

30

REPLY to opposition to motion re 26 MOTION to Amend/Correct Complaint filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Relman, John) (Entered: 09/26/2008)

Sept. 26, 2008

Sept. 26, 2008

31

ENTERED IN ERROR.....NOTICE and Suggestion of Bankruptcy by NOVASTAR MORTGAGE INC. (Souders, David) Modified on 10/8/2008 (tg, ). (Entered: 10/07/2008)

Oct. 7, 2008

Oct. 7, 2008

NOTICE OF CORRECTED DOCKET ENTRY: re 31 Notice (Other) was entered in error and counsel was instructed to refile said pleading using the proper ECF

Oct. 8, 2008

Oct. 8, 2008

33

STIPULATION to Modify Scheduling Order by NATIONAL COMMUNITY REINVESTMENT COALITION, NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Blower, Bradley) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

34

MOTION for Leave to File A Surreply Memorandum in Opposition to Plaintiff's Motion to Amend its Complaint to Join W. Lance Anderson as a Defendant by NOVASTAR FINANCIAL INC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Proposed Order)(Souders, David) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

35

NOTICE of Clarification to Rule 7(m) Statement by NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

36

Unopposed MOTION for Leave to File Supplemental Memorandum in Support of Plaintiff's Motion for Leave to Amend its Complaint to Join W. Lance Anderson as a Defendant by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Relman, John) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

37

Joint MOTION for Order to Modify Scheduling Order by NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley) (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

38

MOTION to Compel Appearance of Rule 30(b)(6) Designee in Washington D.C. by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Blower, Bradley) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

Set/Reset Hearings: Status Conference set for 11/21/2008 at 02:00 PM in Courtroom 22A before Chief Judge Royce C. Lamberth. (rje) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

39

ENTERED IN ERROR.....MEMORANDUM by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Blower, Bradley) Modified on 11/18/2008 (tg, ). (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

NOTICE OF CORRECTED DOCKET ENTRY: re 39 Memorandum, was entered in error. The motion was not filed. Counsel was instructed to refile said pleading including the motion. (tg, ) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

40

MOTION to Compel Discovery Responses by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11)(Blower, Bradley) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

41

ENTERED IN ERROR.....NOTICE of Appearance by Bradley Howard Blower on behalf of NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley) Modified on 11/18/2008 (tg, ). (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

NOTICE OF CORRECTED DOCKET ENTRY: re 41 Notice of Appearance was entered in error and counsel entering her appearance was instructed to refile said pleading using her own ECF login and password. (tg, ) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

42

NOTICE of Appearance by Megan Moran−Gates on behalf of NATIONAL COMMUNITY REINVESTMENT COALITION (Moran−Gates, Megan) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

Minute Entry for proceedings held before Chief Judge Royce C. Lamberth: Status Conference held on 11/21/2008. (Court Reporter Susan Tyner.) (rje) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

44

Consent MOTION for Modification of Briefing Schedule for Plaintiff's Motion to Compel Discovery Responses by NOVASTAR FINANCIAL INC. (Souders, David) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

45

REPLY to opposition to motion re 38 MOTION to Compel Appearance of Rule 30(b)(6) Designee in Washington D.C. MOTION to Compel Appearance of Rule 30(b)(6) Designee in Washington D.C. filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blower, Bradley) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

46

Memorandum in opposition to re 40 MOTION to Compel Discovery Responses filed by NOVASTAR FINANCIAL INC.. (Attachments: # 1 Declaration W. Lance Anderson, # 2 Declaration David M. Souders (1), # 3 Declaration David M. Souders (2))(Souders, David) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

47

REPLY to opposition to motion re 40 MOTION to Compel Discovery Responses filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Exhibit A)(Blower, Bradley) (Entered: 12/12/2008)

Dec. 12, 2008

Dec. 12, 2008

48

Joint MOTION for Order to Modify Scheduling Order by NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley) (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

49

NOTICE of Supplemental Evidence in Support of Its 26 Motion for Leave to Amend Its Complaint to Join W. Lance Anderson as a Defendant by NATIONAL COMMUNITY REINVESTMENT COALITION (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blower, Bradley) Modified to add linkage on 3/10/2009 (tg, ). (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

50

NOTICE of Dismissal of Involuntary Bankruptcy Petition by NOVASTAR MORTGAGE INC. (Attachments: # 1 Order)(Souders, David) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

51

RESPONSE re 49 Notice (Other), Notice (Other) of Supplemental Evidence in Support of Plaintiff's Motion for Leave to Amend its Complaint to Join W. Lance Anderson as a Defendant filed by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Souders, David) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

52

Joint MOTION for Order to Modify Scheduling Order by NATIONAL COMMUNITY REINVESTMENT COALITION (Blower, Bradley) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

53

REPLY re 51 Response to Document, Plaintiff's Notice of Supplemental Evidence in Support of its Motion for Leave to Amend its Complaint to Join W. Lance Anderson as a Defendant filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Blower, Bradley) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

MINUTE ORDER granting 34 Motion for Leave to File. Exhibit A to Motion 34 (proposed surreply) shall be deemed filed. Signed by Chief Judge Royce C. Lamberth on 3/27/09. (lcrcl2, ) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

MINUTE ORDER granting 36 Motion for Leave to File. Exhibit A to Motion 36 (proposed supplemental memorandum) shall be deemed filed. Signed by Chief Judge Royce C. Lamberth on 3/27/09. (lcrcl2, ) Modified on 3/30/2009 (zrje, ). (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

MINUTE ORDER granting, nunc pro tunc , 44 Motion to Modify Briefing Schedule for Plaintiff's Motion 40 . Signed by Chief Judge Royce C. Lamberth on 3/27/09. (lcrcl2, ) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

56

SURREPLY to re 26 MOTION to Amend/Correct Complaint filed by NOVASTAR FINANCIAL INC.. (rdj) (Entered: 03/30/2009)

March 27, 2009

March 27, 2009

57

SUPPLEMENTAL MEMORANDUM to re 26 MOTION to Amend/Correct Complaint filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (rdj) (Entered: 03/30/2009)

March 27, 2009

March 27, 2009

Set/Reset Deadlines: Plaintiff Rule 26a2 due by 3/20/2009. Defendant Rule 26a2 due by 4/14/2009. Deadlines for Depositions of Expert Witnesses due 7/10/2009. Discovery due by 7/10/2009. Dispositive Motions due by 8/14/2009. Response to Dispositive Motions due by 9/11/2009. Reply to Dispositive Motions due by 10/2/2009. (rje) (Entered: 03/30/2009)

March 27, 2009

March 27, 2009

58

FIRST AMENDED COMPLAINT against W. LANCE ANDERSON, NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. filed by NATIONAL COMMUNITY REINVESTMENT COALITION.(nmw, ) (Entered: 04/01/2009)

March 27, 2009

March 27, 2009

59

ANSWER to 58 Amended Complaint by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. Related document: 58 Amended Complaint filed by NATIONAL COMMUNITY REINVESTMENT COALITION.(Souders, David) (Entered: 04/10/2009)

April 10, 2009

April 10, 2009

60

MOTION for Extension of Time to File Expert Reports by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # 1 Text of Proposed Order)(Souders, David) (Entered: 04/10/2009)

April 10, 2009

April 10, 2009

61

Memorandum in opposition to re 60 MOTION for Extension of Time to File Expert Reports filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Exhibit A)(Blower, Bradley) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

62

REPLY to opposition to motion re 60 MOTION for Extension of Time to File Expert Reports filed by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Souders, David) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

63

MOTION to Dismiss for Lack of Jurisdiction Pursuant to 12(b)(2) by W. LANCE ANDERSON (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(Souders, David) (Entered: 04/27/2009)

April 27, 2009

April 27, 2009

64

Memorandum in opposition to re 63 MOTION to Dismiss for Lack of Jurisdiction Pursuant to 12(b)(2) filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Text of Proposed Order)(Blower, Bradley) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

65

REPLY to opposition to motion re 63 MOTION to Dismiss for Lack of Jurisdiction Pursuant to 12(b)(2) MOTION to Dismiss for Lack of Jurisdiction Pursuant to 12(b)(2) filed by W. LANCE ANDERSON. (Attachments: # 1 Declaration of David M. Souders in Support of Reply Memorandum in Further Support of Defendant W. Lance Anderson's Motion to Dismiss Pursuant to Rule 12(b)(2), # 2 Exhibit Exhibit A to Declaration of David M. Souders)(Souders, David) (Entered:

May 15, 2009

May 15, 2009

67

NOTICE of Proposed Order in Support of Opposition by NATIONAL COMMUNITY REINVESTMENT COALITION re 60 MOTION for Extension of Time to File Expert Reports (Attachments: # 1 Text of Proposed Order)(Blower, Bradley) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

68

MOTION to Compel Further Responses to Interrogatories by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # 1 Declaration Declaration of David M. Souders In Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 2 Exhibit Exh. A to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 3 Exhibit Exh. B to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 4 Exhibit Exh. C to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 5 Exhibit Exh. D to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 6 Exhibit Exh. E to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 7 Exhibit Exh. F to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 8 Exhibit Exh. G to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 9 Exhibit Exh. H to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 10 Exhibit Exh. I to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 11 Exhibit Exh. J to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 12 Exhibit Exh. K to Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 13 Text of Proposed Order)(Souders, David) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

69

ORDER granting nunc pro tunc 60 Motion for Extension of Time to File. Signed by Chief Judge Royce C. Lamberth on 5/28/09. (lcrcl2, ) (Entered: 05/28/2009)

May 28, 2009

May 28, 2009

70

Memorandum in opposition to re 68 MOTION to Compel Further Responses to Interrogatories filed by NATIONAL COMMUNITY REINVESTMENT COALITION. (Attachments: # 1 Declaration of Bradley H. Blower in Opposition to Defendants' Motion to Compel, # 2 Exhibit A to Bradley H. Blower Declaration, # 3 Exhibit B to Bradley H. Blower Declaration, # 4 Exhibit C to Bradley H. Blower Declaration, # 5 Exhibit D to Bradley H. Blower Declaration, # 6 Exhibit E to Bradley H. Blower Declaration, # 7 Text of Proposed Order)(Blower, Bradley) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

71

REPLY to opposition to motion re 68 MOTION to Compel Further Responses to Interrogatories filed by NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Attachments: # 1 Declaration of David M. Souders in Support of Defendants NovaStar Financial, Inc. and NovaStar Mortgage, Inc.'s Motion to Compel Further Responses to Interrogatories, # 2 Exhibit L to Declaration, # 3 Exhibit M to Declaration, # 4 Exhibit N to Declaration)(Souders,

June 16, 2009

June 16, 2009

73

ANSWER to 58 Amended Complaint by W. LANCE ANDERSON. Related document: 58 Amended Complaint filed by NATIONAL COMMUNITY REINVESTMENT COALITION.(Souders, David) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

74

Joint MOTION to Stay the Case for Mediation and to Modify the Scheduling Order by W. LANCE ANDERSON, NATIONAL COMMUNITY REINVESTMENT COALITION, NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # 1 Text of Proposed Order)(Blower, Bradley) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

75

ORDER granting 68 Motion to Compel. Signed by Chief Judge Royce C. Lamberth on 7/13/09. (lcrcl2, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

76

ORDER granting 74 Motion to Stay. Signed by Chief Judge Royce C. Lamberth on 7/13/09. (lcrcl2, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

Set/Reset Deadlines: Discovery due by 10/14/2009. Dispositive Motions due by 11/6/2009. Oppositions to Dispositive Motions due by 12/4/2009. Reply to Dispositive Motions due by 12/18/2009. (rje) (Entered: 07/29/2009)

July 13, 2009

July 13, 2009

Set/Reset Hearings: Settlement Conference set for Wednesday, 9/9/2009 @ 02:30 PM in Room−2315−2nd Floor, E. Barrett Prettyman Building before Magistrate Judge Deborah A. Robinson. (EW) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

77

CASE REFERRED to Magistrate Judge Deborah A. Robinson for settlement discussions. (jeb, ) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Settlement Conference held on 9/9/2009, ( Settlement Conference set for Monday, 9/14/2009 @ 03:30 PM before Magistrate Judge Deborah A. Robinson.). (EW) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Telephone Conference held on 9/14/2009, ( Telephone Conference set for Wednesday, 9/16/2009 @ 05:00 PM before Magistrate Judge Deborah A. Robinson.). (EW) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

Minute Order. Proceedings held before Magistrate Judge Deborah A. Robinson: Telephone Conference held on 9/16/2009. (EW) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

78

Joint MOTION for Extension of Time to Complete Discovery by W. LANCE ANDERSON, NATIONAL COMMUNITY REINVESTMENT COALITION, NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC. (Attachments: # 1 Text of Proposed Order)(Blower, Bradley) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

79

ORDER granting the parties' Joint Motion 78 for Extension of Time to Complete Discovery. Set/Reset Deadlines: Discovery due by 11/13/2009. Dispositive Motions due by 1/8/2010. Response to Dispositive Motions due by 2/5/2010. Reply to Dispositive Motions due by 2/19/2010. Signed by Chief Judge Royce C. Lamberth on 10/19/2009. (lcrcl2, ) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

Set/Reset Deadlines: Discovery due by 11/13/2009. Dispositive Motions due by 1/8/2010. Oppositions to Dispositive Motions due by 2/5/2010. Replies to Dispositive Motions due by 2/19/2010. (rje) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

80

STIPULATION of Dismissal by W. LANCE ANDERSON, NATIONAL COMMUNITY REINVESTMENT COALITION, NOVASTAR FINANCIAL INC., NOVASTAR MORTGAGE INC.. (Blower, Bradley) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

72

ORDER denying 63 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Royce C. Lamberth on 6/22/09. (lcrcl2, )

June 22, 2009

June 22, 2009

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 9, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A national non-profit organization with the mission and purpose of increasing fair and equal access to credit, capital, and banking services and products for all Americans, regardless of race, national origin, or disability.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NovaStar, Inc., Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: >$1 Million

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Disparate Impact

Pattern or Practice

Discrimination-area:

Lending

Discrimination-basis:

Disability (inc. reasonable accommodations)

National origin discrimination

Race discrimination

Race:

American Indian/Alaskan Native

Black

Disability:

disability, unspecified

National Origin/Ethnicity:

Hispanic