Case: Payares v. J.P. Morgan Chase

2:07-cv-05540 | U.S. District Court for the Central District of California

Filed Date: Aug. 23, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On August 23, 2007, a Latino borrower filed a complaint in the U.S. District Court for the Central District of California against Chase Bank USA and JP Morgan Chase & Co, under the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. ("ECOA"), the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), and 42 U.S.C. § 1981. The plaintiff alleged racially discriminatory lending practices in connection with home mortgage loan he took out from Chase. Specifically, he alleged that Chase was engaged …

On August 23, 2007, a Latino borrower filed a complaint in the U.S. District Court for the Central District of California against Chase Bank USA and JP Morgan Chase & Co, under the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. ("ECOA"), the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), and 42 U.S.C. § 1981. The plaintiff alleged racially discriminatory lending practices in connection with home mortgage loan he took out from Chase. Specifically, he alleged that Chase was engaged in both intentional and disparate impact discrimination through its development and implementation of mortgage pricing policies and procedures that resulted in less favorable loan conditions to non-white borrowers as compared to similarly situated white borrowers.

The case then went into mediation. In August 14, 2008, the parties entered a joint stipulation to dismiss JP Morgan as a defendant. On August 15, 2008, the Court (Judge Andrew Guilford) ordered that JP Morgan was to be dismissed without prejudice, but the plaintiff reserved a right to conduct discovery with respect to it.

On January 16, 2009, the plaintiff filed a first amended complaint. The complaint was a class action allegation, adding another two named plaintiffs, against Chase Bank USA. The amended complaint alleged that Chase engaged in practices that had a disparate impact on minorities (defined as any non-Caucasian minority). It was alleged that Chase developed mortgage pricing policies that provided financial incentives to its authorized loan officers, mortgage brokers and corresponding lenders to make subjective decisions to increase interest rate and charge additional fees to minority borrowers. That allegedly led to minorities receiving higher interest rates and costs than non-minority borrowers in a similar situation. The plaintiff sought injunctive, declaratory and equitable relief, and damages.

The parties eventually settled on March 10, 2010. Under the agreement, the parties sought to certify following class: "All African-American and Hispanic borrowers who, since August 23,2005, obtained a mortgage loan originated through Chase's wholesale channel." The minority borrowers that paid off their loans could claim either a $300 credit towards the closing costs of his or her next loan with Chase, or a check for $70. Existing non-delinquent borrowers could receive either a $300 credit, or a $90 check. Above borrowers, and delinquent borrowers, were entitled to "red carpet access" for loan modification services with dedicated 800 numbers, and dedicated personnel with fair housing and lending training. The "red carpet access" was to be in effect for 2 years from the date of the agreement. The defendant had to submit quarterly reports during that period to class counsel, as well as maintain a settlement website. The defendant agreed to pay $1,95 million in attorney's fees. Each class representative received $5,000.

On May 17, 2010, the Court ordered a preliminary approval of the settlement agreement, pending a fairness hearing. On November 9, 2010, the Court issued a final judgment, approving the settlement agreement. The court certified the class above as a settlement class. The Court retained jurisdiction over the agreement for its duration.

Summary Authors

Zhandos Kuderin (7/22/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4611782/parties/alfredo-b-payares-v-jp-morgan-chase-co/


Judge(s)

Collins, Audrey B. (California)

Guilford, Andrew J. (California)

Attorneys(s) for Plaintiff

Becker, Nance F. (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Fialco, Lisa (California)

Friedman, Andrew S. (Arizona)

Gertler, Jonathan E. (California)

Harrison, Wendy J. (Arizona)

Hurst, Leslie E. (California)

Judge(s)

Collins, Audrey B. (California)

Guilford, Andrew J. (California)

Attorneys(s) for Plaintiff

Becker, Nance F. (California)

Chavez, Mark A. (California)

Ciolko, Edward W. (Pennsylvania)

Fialco, Lisa (California)

Friedman, Andrew S. (Arizona)

Gertler, Jonathan E. (California)

Harrison, Wendy J. (Arizona)

Hurst, Leslie E. (California)

Klein, Gary E. (Massachusetts)

Miller, Coty R. (California)

Moffa, Donna Siegel (Pennsylvania)

Muhic, Peter A. (Pennsylvania)

Pintar, Theodore J. (California)

Plutzik, Alan R. (California)

Stoia, John J. (California)

Taren, Jeffrey L. (Illinois)

Weeden, Joseph A. (Pennsylvania)

Attorneys(s) for Defendant

Agoglia, Michael J. (California)

Garbers, Wendy Marie (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Payares v. J.P. Morgan Chase & Co.

March 11, 2011 Docket
75

Order [To Dismiss Defendant J.P. Morgan Chase & Co. Without Prejudice]

Payares v. J.P. Morgan Chase & Co.

Aug. 15, 2008 Order/Opinion
85

First Amended Class Action Complaint

Payeres v. Chase Bank

Jan. 16, 2009 Complaint
100-1

Settlement Agreement

Payares v. J.P. Morgan Chase Co.

March 10, 2010 Settlement Agreement
111

Order of Preliminary Approval of Settlement

Payares v. Chase Bank

May 17, 2010 Settlement Agreement
132

Final Judgment and Order of Dismissal with Prejudice

Payares v. Chase Bank

Nov. 9, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4611782/alfredo-b-payares-v-jp-morgan-chase-co/

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

ECF Number Description Date Link
1

COMPLAINT against defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..(Filing fee $ 350)Fee Paid, filed by plaintiff Alfredo B Payares.(bb) (Entered: 09/04/2007)

Aug. 23, 2007 PACER
2

Notice of Interested Parties filed by Plaintiff Alfredo B Payares. (bb) (Entered: 09/04/2007)

Aug. 23, 2007 PACER
3

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(bb) (Entered: 09/04/2007)

Aug. 23, 2007 PACER
7

APPLICATION of Andrew S Friedman for Leave to Appear Pro Hac Vice. FEE PAID. filed by plaintiff Alfredo B Payares. Lodged Order. (esa) (Entered: 09/26/2007)

Sept. 19, 2007 PACER
4

ORDER by Judge Audrey B. Collins on Application of Non-Resident Attorney Andrew S Friedman of Bonnett Fairbourn Friedman & Balint PC for Alfredo B Payares and designating Mark Chavez of Chavez Gertler GRANTED. (ir) (Entered: 09/24/2007)

Sept. 21, 2007 PACER
5

STIPULATION Extending Time to Answer the complaint as to J.P. Morgan Chase & Co and Chase Bank U.S.A., N.A. answers now due on or before 10/29/2007 filed by Defendants J.P. Morgan Chase & Co; Chase Bank U.S.A.., N.A..(ir) (Entered: 09/24/2007)

Sept. 21, 2007 PACER
6

PROOF OF SERVICE Executed by plaintiff Alfredo B Payares, upon Chase Bank U.S.A., N.A. served on 8/31/2007; answer due 9/20/2007; The Summons and Complaint were served by PERSONAL service, by NOT INDICATED statute, upon DIONNE WILSON, LEGAL ADMINISTRATOR; Due Dilligence declaration NOT INDICATED; Original Summons NOT RETURNED. (esa) (Entered: 09/25/2007)

Sept. 24, 2007 PACER
8

STIPULATION to Extend Time to amend and to Set Case Management Conference; IT IS HEREBY ORDERED by Judge Audrey B. Collins that Plaintiff shall have until 1/4/08 to file any amendment of the complaint as of right; the initial case management conference shall be held on 3/24/087 (es) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
9

NOTICE of Appearance filed by attorney Theodore J Pintar, John J Stoia, Jr on behalf of Plaintiff Alfredo B Payares. (et) (Entered: 01/15/2008)

Dec. 1, 2007 PACER
10

STIPULATION for Extension of Time to File Answer to February 25, 2008 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..(Garbers, Wendy) (Entered: 01/29/2008)

Jan. 29, 2008 PACER
11

NOTICE of Appearance filed by attorney Leslie Hurst on behalf of Plaintiff Alfredo B Payares (Hurst, Leslie) (Entered: 01/30/2008)

Jan. 30, 2008 PACER
12

Stipulation to Extend Time to Respond to Complaint; ORDER by Judge Audrey B. Collins as to defendant J.P. Morgan Chase & Co. IT IS SO ORDERED that the defendants shall have until February 25, 2008, to answer or otherwise respond to the complaint. (es) (Entered: 02/01/2008)

Jan. 31, 2008 PACER
13

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found proposed documnet was not submitted as separate attachment;Stipulation has order attached which should have been submitted as an attachment.: RE Stipulation to Extend Time to Answer (More than 30 days) 10 (ab) (Entered: 02/21/2008)

Feb. 20, 2008 PACER
14

STIPULATION for Extension of Time to File Answer to March 7, 2008 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Attachments: # 1 Proposed Order)(Garbers, Wendy) (Entered: 02/21/2008)

2 Proposed Order

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Feb. 21, 2008 PACER
15

ORDER Re Stipulation to Extend Time to Respond to Complaint, Set Briefing Schedule and Hearing 14, IT IS HEREBY ORDERED that Defendants shall have until 3/7/08 to respond to the operative complaint; Rule 12 motion(s) must be filed by 4/7/08; Any repl(ies) regarding Rule 12 motion(s) must be filed by 4/21/08; and the hearing on defendants' Rule 12 motion(s) is set for Monday, 5/5/08 at 10:00am. (es) (Entered: 02/25/2008)

Feb. 22, 2008 PACER
16

NOTICE of Change of Attorney Information for attorney John J Stoia, Jr counsel for Plaintiff Alfredo B Payares. Changing e-mail to johns@csgrr.com. Filed by plaintiff Alfredo B. Payares (Stoia, John) (Entered: 02/28/2008)

Feb. 28, 2008 PACER
17

NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..Motion set for hearing on 5/5/2008 at 10:00 AM before Judge Audrey B. Collins. (Garbers, Wendy) (Entered: 03/11/2008)

March 11, 2008 PACER
18

MEMORANDUM in Support of MOTION to Dismiss Case 17 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Attachments: # 1 Declaration of Michael J. Agoglia# 2 Proposed Order Granting Motion to Dismiss)(Garbers, Wendy) (Entered: 03/11/2008)

2 Declaration of Michael J. Agoglia

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3 Proposed Order Granting Motion to Dismiss

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March 11, 2008 PACER
19

Certificate of Interested Parties filed by Defendant Chase Bank U.S.A.., N.A.. (Garbers, Wendy) (Entered: 03/11/2008)

March 11, 2008 PACER
20

Certificate of Interested Parties filed by Defendant J.P. Morgan Chase & Co. (Garbers, Wendy) (Entered: 03/11/2008)

March 11, 2008 PACER
21

NOTICE Notice of Change of Attorney Information filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 03/14/2008)

March 14, 2008 PACER
22

JOINT REPORT Rule 26(f) Discovery Plan Report and Case Management Conference Statement ; estimated length of trial 20 days, filed by Plaintiff Alfredo B Payares, Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A... (Attachments: # 1 Exhibit Proposed Pre-Trial Scheduling)(Pintar, Theodore) (Entered: 03/14/2008)

2 Exhibit Proposed Pre-Trial Scheduling

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March 14, 2008 PACER
23

First APPLICATION OF NON-RESIDENT ATTORNEY Gary Klein for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by plaintiff Alfredo B Payares. (Attachments: # 1 Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Pintar, Theodore) (Entered: 03/18/2008)

2 Order on Application of Non-Resident Attorney to Appear in a Specific Case

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March 18, 2008 PACER
24

NOTICE of Appearance filed by attorney Theodore J Pintar on behalf of Plaintiff Alfredo B Payares (Pintar, Theodore) (Entered: 03/18/2008)

March 18, 2008 PACER
25

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found Incorrect event selected. Correct event is Notice-Change of Attorey Information (G-06): RE Notice (Other) 21 (es) (Entered: 03/19/2008)

March 19, 2008 PACER
26

ORDER by Judge Audrey B. Collins, On First APPLICATION OF NON-RESIDENT ATTORNEY Gary Klein for Leave to Appear In A Specific Case. FEE NOT PAID. 23 (es) (Entered: 03/21/2008)

March 20, 2008 PACER
27

ORDER RE: CONFERENCE: 1. PRETRIAL CONFERENCE PURSUANT TO F.R.CIV.P. 16 AND 26; AND LOCAL RULE 26; 2. MOTIONS AND EX PARTE APPLICATIONS; 3. EFILING-COURTESY COPIES by Judge Audrey B. Collins: This matter is set for Pretrial/Scheduling Conference on 6/23/2008 at 10:00 AM (See attached order for further details and requirements). (es) (Entered: 03/26/2008)

March 25, 2008 PACER
28

OPPOSITION to MOTION to Dismiss Case 17 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 04/07/2008)

April 7, 2008 PACER
29

MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins: On March 11, 2008, Defendants filed a Motion to Dismiss. Although the Court receivedcourtesy copies of Plaintiffs Opposition filed on April 7, the Court has yet to receive courtesy copies of the moving papers. Defendants are hereby ORDERED to deliver to chamber two courtesy copies of all moving papers by Friday, April 11, 2008. The Court reminds the parties of the following requirements: (SEE ATTACHED MINUTES FOR REQUIREMENTS) (es) (Entered: 04/08/2008)

April 8, 2008 PACER
30

NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Alfredo B Payares, Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.(Agoglia, Michael) (Entered: 04/08/2008)

April 8, 2008 PACER
31

Joint REQUEST for Settlement Approval of Settlement Procedure JOINT NOTICE OF SETTLEMENT PROCEDURE filed by DEFENDANT Alfredo B Payares, J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Agoglia, Michael) (Entered: 04/08/2008)

April 8, 2008 PACER
32

NOTICE JOINT NOTICE OF SETTLEMENT PROCEDURE filed by DEFENDANTS Alfredo B Payares, J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Agoglia, Michael) (Entered: 04/08/2008)

April 8, 2008 PACER
33

MINUTES: JOINT NOTICE OF SETTLEMENT PROCEDURE (In Chambers); The Court hereby STRIKES the parties Settlement Procedure Selection 30, 31, 32 SO ORDERED by Judge Audrey B. Collins (ir) (Entered: 04/10/2008)

April 9, 2008 PACER
34

NOTICE OF MOTION AND MOTION to Dismiss Case Defendants' Reply in Support of Motion to Dismiss filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..Motion set for hearing on 5/5/2008 at 10:00 AM before Judge Audrey B. Collins. (Garbers, Wendy) (Entered: 04/21/2008)

April 21, 2008 PACER
35

MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: MOTION to Dismiss Case 34 : Defendants' Motion to Dismiss, currently set for hearing on May 5, 2008 is continued, due to Court congestion, to Monday, May 19, 2008 at 10:00 a.m. (ps) (Entered: 04/24/2008)

April 24, 2008 PACER
36

NOTICE OF MOTION AND MOTION for Appointment of Counsel [Proposed] Pre-Trial Order No. 1 filed by plaintiff Alfredo B Payares.Motion set for hearing on 5/19/2008 at 10:00 AM before Judge Audrey B. Collins. (Pintar, Theodore) (Entered: 04/25/2008)

April 25, 2008 PACER
37

NOTICE OF MOTION AND MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 filed by plaintiff Alfredo B Payares.Motion set for hearing on 5/19/2008 at 10:00 AM before Judge Audrey B. Collins. (Attachments: # 1 Proposed Order [Proposed] Pre-Trial Order No. 1)(Pintar, Theodore) (Entered: 04/25/2008)

2 Proposed Order [Proposed] Pre-Trial Order No. 1

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April 25, 2008 PACER
38

OPPOSITION to MOTION for Appointment of Counsel [Proposed] Pre-Trial Order No. 1 36, MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Garbers, Wendy) (Entered: 05/05/2008)

May 5, 2008 PACER
39

DECLARATION of Wendy M. Garbers In Support Of Defendants' Opposition to Motion For Entry of Proposed Pre-Trial Order No. 1 38 MOTION for Appointment of Counsel [Proposed] Pre-Trial Order No. 1 36 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Attachments: # 1 Exhibit 1)(Garbers, Wendy) (Entered: 05/05/2008)

2 Exhibit 1

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May 5, 2008 PACER
40

REPLY In Support MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/12/2008)

May 12, 2008 PACER
41

DECLARATION of Theodore J. Pintar In Support of Reply MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/12/2008)

May 12, 2008 PACER
42

DECLARATION of Leslie E. Hurst In Support of Reply MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/12/2008)

May 12, 2008 PACER
43

DECLARATION of Edward W. Ciolko In Support of Reply MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/12/2008)

May 12, 2008 PACER
44

DECLARATION of Gary Klein In Support of Reply MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/12/2008)

May 12, 2008 PACER
45

NOTICE OF ERRATA filed by Plaintiff Alfredo B Payares. correcting Declaration (Motion related), Declaration (Motion related) 43 (Pintar, Theodore) (Entered: 05/13/2008)

May 13, 2008 PACER
46

DECLARATION of Edward W. Ciolko Corrected, In Support of Reply MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 MOTION for Appointment of Counsel Memorandum in Support of [Proposed] Pre-Trial Order No. 1 37 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/13/2008)

May 13, 2008 PACER
47

MINUTES OF PLAINTIFFS MOTION FOR ENTRY OF PRE-TRIAL ORDER(In Chambers) held before Judge Audrey B. Collins :Pending before the Court is a Motion for Entry of Pre-Trial Order No. 1 (Motion), filed on April 25, 2008. Defendants filed an Opposition on May 5, 2008, and Plaintiff filed a Reply on May 12, 2008. The Court finds this Motion appropriate for resolution without oral argument and VACATES the hearing set for May 19, 2008. See Fed. R. Civ. P. 78(b); Local Rule 7-15. Having considered the materials submitted by the parties and the case file, the Court hereby DENIES the Motion without prejudice. (see attached minutes for further details) 36 (es) (Entered: 05/13/2008)

May 13, 2008 PACER
48

NOTICE Notice of Supplemental Authority Regarding Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 05/14/2008)

May 14, 2008 PACER
49

MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re MOTION to Dismiss Case 17 : The Court finds that the motion is appropriate for submission without oral argument and VACATES the hearing set for May 19, 2008. The Court hereby GRANTS Defendants motion to dismiss as to Plaintiffs Second and Third Causes of Action, for racial discrimination under 42 U.S.C. sections 1981 and 1982, with leave to amend. The motion is otherwise DENIED. Plaintiff shall have 30 days from the date of this order in which to file an amended complaint (see document for further details). (bm) (Entered: 05/15/2008)

May 15, 2008 PACER
50

MINUTES OF ORDER TO SHOW CAUSE RE RELATED CASES (IN CHAMBERS) held before Judge Audrey B. Collins: The two above-captioned cases are presently pending before this Court. The Court has learned that two potentially related cases are pending before another judge of this district. Those cases, before Judge Guilford, are National Association for the Advancement of Colored People v. Ameriquest Mortgage Company et al., CV-07-0794 AG (ANx) (NAACP), and Freddy Ramon Chavez Toruno v. HSBC Finance Corporation et al., CV-07-5998 AG (ANx) (Toruno). The Court therefore ORDERS counsel in both Payares and Gonzalez to show cause, in writing, why Payares and Gonzalez are not related to NAACP and Toruno, the cases pending before Judge Guilford. The form of response may be either: (1) the filing of Notices of Related Case, or (2) an explanation why Payares and Gonzalez are not related, within the meaning of the local rule, to NAACP and/or Toruno, the cases before Judge Guilford. Responses must be filed no later than Wednesday, May 28, 2008. (see attached minutes for further details and requirements) (es) (Entered: 05/20/2008)

May 19, 2008 PACER
51

NOTICE of Related Case(s) filed by Plaintiff Alfredo B Payares. Related Case(s): 8:2007cv00794, 2:2007cv05998 (Pintar, Theodore) (Entered: 05/28/2008)

May 28, 2008 PACER
52

NOTICE of Related Case(s) filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. Related Case(s): CV-07-0794 AG, CV-07-5998 AG (Garbers, Wendy) (Entered: 05/28/2008)

May 28, 2008 PACER
53

NOTICE OF MOTION AND MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. Motion set for hearing on 6/23/2008 at 10:00 AM before Judge Audrey B. Collins. (Agoglia, Michael) (Entered: 05/30/2008)

May 30, 2008 PACER
54

MEMORANDUM in Support of MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) 53 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Attachments: # 1 Declaration of Michael J. Agoglia, # 2 Proposed Order)(Agoglia, Michael) (Entered: 05/30/2008)

2 Declaration of Michael J. Agoglia

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3 Proposed Order

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May 30, 2008 PACER
55

MEMORANDUM in Opposition to MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) 53 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 06/09/2008)

June 9, 2008 PACER
56

JOINT REPORT Rule 26(f) Discovery Plan and Case Management Conference Statement ; estimated length of trial 3-60 days, filed by Plaintiff Alfredo B Payares, Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A... (Attachments: # 1 Exhibit Proposed Pre-Trial Scheduling)(Pintar, Theodore) (Entered: 06/16/2008)

2 Exhibit Proposed Pre-Trial Scheduling

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June 16, 2008 PACER
57

REPLY In Support Of MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) MOTION for Leave to Appeal May 15, 2008 Order And For Stay Pursuant To 28 U.S.C. 1292(b) 53 filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Attachments: # 1 Appendix A)(Agoglia, Michael) (Entered: 06/16/2008)

2 Appendix A

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June 16, 2008 PACER
59

MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re DEFENDANTS' MOTION FOR CERTIFICATION AND A STAY PURSUANT TO 28 U.S.C. § 1292(b) 53 : The Court finds that the motion is appropriate for submission without oral argument and VACATES the hearing set for June 23, 2008. See Fed. R. Civ. P. 78(b); Local Rule 7-15. (Note, however, that the Scheduling Conference also set for June 23, 2008, shall remain on calendar.) Having considered the materials submitted by the parties and the case file, the Court hereby DENIES the Motion for Certification and a Stay Pursuant to 28 U.S.C. § 1292(b). (See document for text of order.) (ps) (Entered: 06/17/2008)

June 17, 2008 RECAP
60

NOTICE of Change of Attorney Information for attorney Theodore J Pintar counsel for Plaintiff Alfredo B Payares. Adding Coty R. Miller as attorney as counsel of record for Alfredo B. Payares for the reason indicated in the G-06 Notice. Filed by Plaintiff Alfredo B. Payares (Pintar, Theodore) (Entered: 06/18/2008)

June 18, 2008 PACER
61

CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins,, Set Deadlines: The above matter is set for trial before the Honorable Audrey B. Collins. Pretrial and Trial Dates. The Court orders the following dates: Cut-off date for filing motions to join other parties and amending the pleadings is 8/18/2008. Discovery cut-off is 6/30/09. Class-certificaiton motion cut-off date for motions to be filed is Monday, 1/5/09. (see attached order for further details and requirements) (es) (Entered: 06/25/2008)

June 23, 2008 PACER
62

MINUTES: Scheduling Conference held. The Court sets the following dates: Add Claims/Parties cut-off 8/18/2008; Discovery cut-off 6/30/2009; Expert Discovery cut-off 10/30/09; Expert reports Cut-off 7/30/09; Expert report rebuttal cut-off 9/30/09; Law & Motion cut-off of Class Certification motion 1/5/2009; Counsel are reminded of the requirement of Local Rule 16-14. Couunsel shall submit their notice of settlement selection within 10 days by Judge Audrey B. Collins. Court Reporter: Katherine Stride. (ir) (Entered: 06/25/2008)

June 23, 2008 PACER
63

NOTICE of Settlement Procedure Selection filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. (Agoglia, Michael) (Entered: 06/30/2008)

June 30, 2008 PACER
64

ANSWER to Complaint - (Discovery) 1 DEFENDANT CHASE BANK USA, N.A.'S ANSWER TO PLAINTIFF'S CLASS ACTION COMPLAINT filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..(Agoglia, Michael) (Entered: 06/30/2008)

June 30, 2008 PACER
65

ANSWER to Complaint - (Discovery) 1 DEFENDANT JPMORGAN CHASE & CO.'S ANSWER TO PLAINTIFF'S CLASS ACTION COMPLAINT filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..(Agoglia, Michael) (Entered: 06/30/2008)

June 30, 2008 PACER
66

MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Joint Notice of Settlement Procedure: On June 30, 2008, the parties filed another Notice of Settlement Procedure. The notice indicates that the parties select settlement procedure number 1 (mediation before a judge or magistrate judge). However, as explained in the Court's April 9, 2008 minute order addressing the parties' previous Notice of Settlement Procedure, the case has already been assigned to Alternative Dispute Resolution. As such, the only options available to the parties are Alternative Dispute Resolution or private mediation (option number 3.) The Court therefore STRIKES the June 30 notice (docket no. 63 ) and ORDERS the parties to file a new notice selecting either ADR or private mediation as their settlement procedure. The new notice must be filed no later than July 14, 2008. (bm) (Entered: 07/03/2008)

July 2, 2008 PACER
67

NOTICE filed by Plaintiff & Defendants Alfredo B Payares, J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A.. of Settlement Procedure Selection (Pintar, Theodore) (Entered: 07/14/2008)

July 14, 2008 PACER
68

STIPULATION for Extension of Time to File Rule 12 Motion Addressed to Answer, Set Briefing Schedule and Hearing filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Proposed Order to Extend Time to File Rule 12 Motion Addressed to Answer, Set Briefing Schedule and Hearing)(Hurst, Leslie) (Entered: 07/17/2008)

2 Proposed Order to Extend Time to File Rule 12 Motion Addressed to Answer, Set Br

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July 17, 2008 PACER
69

ORDER by Judge Audrey B. Collins: 1. The time for plaintiff to file Rule 12 motions shall be extended to August 11, 2008. 2. Any oppositions by defendants to plaintiffs Rule 12 motions shall be filed August 25, 2008. 3. Any reply by plaintiff regarding their Rule 12 motions shall be filed September 8, 2008.4. The parties shall meet and confer at least 10 days before plaintiff is dueto file Rule 12 motions, or no later than August 1, 2008; 5. The hearing on plaintiffs Rule 12 motions shall be September 22, 2008, at 10:00 a.m. (ir) (Entered: 07/23/2008)

July 22, 2008 PACER
70

NOTICE Notice of Appearance filed by Plaintiff Alfredo B Payares. (Fialco, Lisa) (Entered: 07/23/2008)

July 23, 2008 PACER
71

STIPULATION for Extension of Time to File Rule 12 Motions Addressed to Answers filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Proposed Order To Extend Time to File Rule 12 Motions Addressed to Answers, Set Hearing Schedule and Hearing)(Hurst, Leslie) (Entered: 08/11/2008)

2 Proposed Order To Extend Time to File Rule 12 Motions Addressed to Answers, Set

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Aug. 11, 2008 PACER
72

ORDER TO EXTEND TIME TO FILE RULE 12 MOTIONS ADDRESSED TO ANSWERS, SET BRIEFING SCHEDULE AND HEARING by Judge Audrey B. Collins GRANTING Stipulation for Extension of Time to File, 71 ; Setting Deadlines/Hearings:(Motion filing deadline of 8/25/2008; any oppositions shall be filed by 9/8/08, and any replies shall be filed by 9/22/08 with a hearing on plaintiff's Rule 12 motions set on 10/6/2008 at 10:00 AM or as soon thereafter as the Court may hear the matter.(pp) (Entered: 08/13/2008)

Aug. 12, 2008 PACER
73

Joint STIPULATION to Dismiss Defendant J.P. Morgan Chase & Co filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Proposed Order To Dismiss Defendant J.P. Morgan Chase & Co. Without Prejudice)(Hurst, Leslie) (Entered: 08/14/2008)

2 Proposed Order To Dismiss Defendant J.P. Morgan Chase & Co. Without Prejudice

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Aug. 14, 2008 PACER
74

STIPULATION to AMEND ANSWERS filed by Defendants J.P. Morgan Chase & Co, Chase Bank U.S.A.., N.A..(Garbers, Wendy) (Entered: 08/14/2008)

Aug. 14, 2008 PACER
75

ORDER by Judge Audrey B. Collins re Stipulation to Dismiss Party [73. J.P. Morgan Chase & Co shall be dismissed from the Class Action Complaintwithout prejudice. Plaintiff reserves his right to conduct discovery regarding J.P. Morgan Chase and its relationships and dealings with other affiliates. J.P. Morgan Chase reserves its objections to plaintiffs discovery. The dismissal of J.P. Morgan Chase from the Class Action Complaint without prejudice has no bearing on plaintiffs claims against Chase Bank; and Each side to bear its own fees and costs. (ir) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
76

AMENDED ANSWER TO COMPLAINT Defendant Chase Bank USA, N.A.'s Amended Answer To Plaintiff's Class Action Complaint filed by Defendant Chase Bank U.S.A.., N.A.. (Agoglia, Michael) (Entered: 08/19/2008)

Aug. 19, 2008 PACER
77

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV07-794 AG (ANx). Case transfered from Judge Audrey B. Collins and Magistrate Judge Stephen J. Hillman to Judge Andrew J. Guilford and Magistrate Judge Arthur Nakazato for all further proceedings. The case number will now reflect the initials of the transferee Judge CV07-5540 AG (ANx).Signed by Judge Andrew J. Guilford (at) (Entered: 10/08/2008)

Oct. 8, 2008 PACER
78

ORDER Re Early Meeting of Parties and Scheduling Conference by Judge Andrew J. Guilford, ( Scheduling Conference set for 12/15/2008 09:00 AM before Judge Andrew J. Guilford.) (ade) (Entered: 10/17/2008)

Oct. 16, 2008 PACER
79

STATEMENT Supplemental Joint Rule 26(f) Report and Case Management Conference Statement filed by Defendant Chase Bank U.S.A.., N.A. (Garbers, Wendy) (Entered: 12/08/2008)

Dec. 8, 2008 PACER
80

SCHEDULING ORDER by Judge Andrew J. Guilford, Set/Reset Deadlines/Hearings:( Discovery cut-off 10/30/2009. Final Pretrial Conference set for 6/28/2010 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 7/20/2010 09:00 AM before Judge Andrew J. Guilford.) (ade) (Entered: 12/18/2008)

Dec. 15, 2008 PACER
81

MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. A Final Pretrial Conference is set for 06/28/10 at 8:30 a.m. A Jury Trial is set for 07/20/10 at 9:00 a.m. Court sets the length of trial at 20 days. Scheduling Order Specifying Procedures is signed and filed this date. (See minute order for further details)Court Reporter: Donald Hilland. (db) (Entered: 12/18/2008)

Dec. 15, 2008 PACER
82

Joint STIPULATION to Amend Complaint - (Discovery) 1 filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Exhibit A (First Amended Class Action Complaint), # 2 Proposed Order)(Pintar, Theodore) (Entered: 01/08/2009)

2 Exhibit A (First Amended Class Action Complaint)

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3 Proposed Order

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Jan. 8, 2009 PACER
83

ORDER by Judge Andrew J. Guilford, REGARDING FILING of AMENDED COMPLAINT and DESIGNATION of CO-LEAD PLAINTIFFS' COUNSEL: 1. The Amended Complaint is ordered filed this date; 2. After the Amended Complaint is filed, plaintiffs in the Gonzalez action, CV-08-02140 AG(ANx), shall dismiss their Complaint without prejudice; 3. Defendants shall file a response to the Amended Complaint by February 10, 2009. (See document for further details.) IT IS SO ORDERED. (rla) (Entered: 01/16/2009)

Jan. 16, 2009 PACER
84

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Andrew J. Guilford ORDERING First Amended Class Action Complaint received on 1/14/2009 to be filed and processed; filing date is to be today. (lwag) (Entered: 01/16/2009)

Jan. 16, 2009 PACER
85

FIRST AMENDED COMPLAINT against Defendant Chase Bank U.S.A.., N.A. amending Complaint - (Discovery) 1 . Filed by Plaintiff Alfredo B Payares (lwag) (Entered: 01/16/2009)

Jan. 16, 2009 PACER
86

ANSWER to Amended Complaint 85 Defendant Chase Bank USA, N.A.'s Answer to Plaintiffs' First Amended Class Action Complaint filed by Defendant Chase Bank U.S.A.., N.A..(Agoglia, Michael) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
87

ANSWER to Amended Complaint 85 Defendant JPMorgan Chase Bank, N.A.'s Answer to Plaintiffs' First Amended Class Action Complaint filed by Defendant Chase Bank U.S.A.., N.A..(Agoglia, Michael) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
88

APPLICATION for attorney Peter A. Muhic to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023629 paid.) filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Certificate in Good Standing, # 2 Proposed Order)(Plutzik, Alan) (Entered: 03/12/2009)

2 Certificate in Good Standing

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3 Proposed Order

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March 12, 2009 PACER
89

APPLICATION for attorney Edward W. Ciolko to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023975 paid.) filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Plutzik, Alan) (Entered: 03/12/2009)

2 Certificate of Good Standing

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3 Proposed Order

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March 12, 2009 PACER
90

ORDER by Judge Andrew J. Guilford, Granting APPLICATION for attorney Edward W. Ciolko to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023975 paid.) APPLICATION for attorney Edward W. Ciolko to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023975 paid.) 89 (dmjr) (Entered: 03/18/2009)

March 17, 2009 PACER
91

ORDER by Judge Andrew J. Guilford Granting APPLICATION for attorney Peter A. Muhic to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023629 paid.) APPLICATION for attorney Peter A. Muhic to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005023629 paid.) 88 Peter A. Muhic to appear on behalf of Plaintiff Alfredo B Payares. Alan R. Plutzik is designated as local counsel. Fee PAID. (dg) (Entered: 03/18/2009)

March 17, 2009 PACER
92

Joint STIPULATION for Extension of Time to File Case Deadlines filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Proposed Order to Extend Case Deadlines)(Pintar, Theodore) (Entered: 04/17/2009)

2 Proposed Order to Extend Case Deadlines

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April 17, 2009 PACER
93

ORDER by Judge Andrew J. Guilford, TO EXTEND CASE DEADLINES: IT IS ORDERED THAT the pre-trial and trial schedule in this matter is modified as follows: (Discovery cut-off 1/29/2010, Motions due by 6/22/2010, Final Pretrial Conference set for 9/27/2010 08:30 AM, Jury Trial set for 10/19/2010 09:00 AM) (See document for further details.) IT IS SO ORDERED. (rla) (Entered: 04/24/2009)

April 24, 2009 PACER
94

NOTICE of Change of Attorney Information for attorney Theodore J Pintar counsel for Plaintiff Alfredo B Payares.Leslie E. Hurst is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Theodore J. Pintar (Pintar, Theodore) (Entered: 01/20/2010)

Jan. 20, 2010 PACER
95

NOTICE OF MOTION AND MOTION to Withdraw Appearance Motion for Withdrawal of Appearance of Alan R. Plutzik, Esq. and the Law Offices of Bramson Plutzik Mahler & Birkhaeuser, LLP and [Proposed] Order filed by Plaintiff Alfredo B Payares. (Plutzik, Alan) (Entered: 03/01/2010)

March 1, 2010 PACER
96

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Withdraw Appearance Motion for Withdrawal of Appearance of Alan R. Plutzik, Esq. and the Law Offices of Bramson Plutzik Mahler & Birkhaeuser, LLP and [Proposed] Order MOTION to Withdraw Appearance Motion for Withdrawal of Appearance of Alan R. Plutzik, Esq. and the Law Offices of Bramson Plutzik Mahler & Birkhaeuser, LLP and [Proposed] Order 95 . The following error(s) was found: Hearing information is missing and Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) (Entered: 03/02/2010)

March 2, 2010 PACER
97

ORDER by Judge Andrew J. Guilford: GRANTING Motion for Withdrawal of Appearance of Alan R. Plutzik, ESQ and The Law Offices of Bramson Plutzik Mahler & Birkhaeuser, LLP 95 . (rla) (Entered: 03/03/2010)

March 2, 2010 PACER
98

NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action, Preliminary filed by Plaintiff Alfredo B Payares. Motion set for hearing on 4/26/2010 at 10:00 AM before Judge Andrew J. Guilford. (Pintar, Theodore) (Entered: 03/10/2010)

March 10, 2010 RECAP
99

MEMORANDUM in Support of MOTION for Settlement Approval of Class Action, Preliminary 98 filed by Plaintiff Alfredo B Payares. (Pintar, Theodore) (Entered: 03/10/2010)

March 10, 2010 PACER
100

DECLARATION of Theodore J. Pintar in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement MOTION for Settlement Approval of Class Action, Preliminary 98 filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 Ex. A, # 3 Exhibit 1 Ex. B, # 4 Exhibit 1 Ex. C, # 5 Exhibit 1 Ex. D, # 6 Exhibit 2)(Pintar, Theodore) (Entered: 03/10/2010)

1 Exhibit 1

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2 Exhibit 1 Ex. A

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3 Exhibit 1 Ex. B

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4 Exhibit 1 Ex. C

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5 Exhibit 1 Ex. D

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6 Exhibit 2

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March 10, 2010 PACER
101

DECLARATION of Gary Klein in Support of Preliminary Approval MOTION for Settlement Approval of Class Action, Preliminary 98 filed by Plaintiff Alfredo B Payares. (Attachments: # 1 Exhibit A)(Pintar, Theodore) (Entered: 03/10/2010)

1 Exhibit A

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March 10, 2010 PACER

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Aug. 23, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Minority borrowers

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Chase Bank, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,950,000.00

Order Duration: 2010 - 2012

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Issues

General:

Disparate Impact

Housing

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Race, unspecified

National Origin/Ethnicity:

Hispanic