Case: Washington v. U.S. Department of Housing and Urban Development

1:16-cv-03948 | U.S. District Court for the Eastern District of New York

Filed Date: July 15, 2016

Closed Date: Nov. 20, 2019

Clearinghouse coding complete

Case Summary

On July 15, 2016, four African-American New York City homeowners filed this class action lawsuit in the United States District Court for the Eastern District of New York. The plaintiffs sued the United States Department of Housing and Development (“HUD”) and Caliber Home Loans, Inc. under the Fair Housing Act, 42 U.S.C. § 3601 et seq., the Fair Debt Collection Practices Act, 15 U.S.C § 1692 et seq., and New York state law. They claimed HUD’s Note Sale program violated homeowner participants’ Fi…

On July 15, 2016, four African-American New York City homeowners filed this class action lawsuit in the United States District Court for the Eastern District of New York. The plaintiffs sued the United States Department of Housing and Development (“HUD”) and Caliber Home Loans, Inc. under the Fair Housing Act, 42 U.S.C. § 3601 et seq., the Fair Debt Collection Practices Act, 15 U.S.C § 1692 et seq., and New York state law. They claimed HUD’s Note Sale program violated homeowner participants’ Fifth Amendment Due Process rights and had a disparate impact on both African-American homeowners and predominately African-American neighborhoods in New York City. The plaintiffs, represented by Mobilization for Justice and private counsel, sought declaratory and injunctive relief as well as damages.

HUD’s Federal Housing Administration’s (“FHA”) mortgage program was designed to support homeownership for low- and moderate-income Americans, providing benefits to help ensure that homeowners can maintain homeownership. Participants pay to receive these benefits. Beginning in 2010, HUD began selling delinquent FHA-insured mortgages to private investors without notice to the homeowners, who were then removed from the FHA mortgage program without notice. The plaintiffs claimed that these sales happened disproportionately in predominately African-American neighborhoods. They claimed the private investors, such as defendant Caliber Home Loans, then offered fewer protections to homeowners, and even pushed them into predatory mortgage modifications. This led to higher foreclosure rates for these participants, adversely impacting African Americans and destabilizing African-American neighborhoods in New York City.

On December 9, 2016, the case was reassigned from Judge Carol Bagley Amon to Judge Eric N. Vitaliano. On July 12, 2017, the defendants filed a motion to dismiss.

The parties filed cross motions for summary judgment.

On July 29, 2019, Magistrate Judge Steven M. Gold recommended that HUD's motion to dismiss be granted, finding issues with both standing and the plaintiffs' failure to state a claim. Before Judge Vitaliano made a decision on whether to adopt Judge Gold's findings, the parties reached a confidential settlement agreement on November 15, 2019.

The court closed the case on November 20, 2019.

Summary Authors

Sarah McDonald (2/3/2018)

Hope Brinn (4/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4521031/parties/washington-v-caliber-home-loans-inc/


Judge(s)

Gold, Steven M. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Coffey, Carolyn Elizabeth (New York)

Fasano, Christopher (New York)

Houk, Diane L. (District of Columbia)

Jun, Linda (New York)

Lieb, Douglas E. (New York)

Lynch, Elizabeth Mary (New York)

Attorneys(s) for Defendant

Colon-Bosolet, Melissa (New York)

Judge(s)

Gold, Steven M. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Coffey, Carolyn Elizabeth (New York)

Fasano, Christopher (New York)

Houk, Diane L. (District of Columbia)

Jun, Linda (New York)

Lieb, Douglas E. (New York)

Lynch, Elizabeth Mary (New York)

Attorneys(s) for Defendant

Colon-Bosolet, Melissa (New York)

Florio, Kelly Horan (New York)

Moore, Tamra (District of Columbia)

Nagin, Benjamin R. (New York)

Schachner, Elliot M. (New York)

Zambrano, Angela (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 20, 2019 Docket
1

Complaint

July 15, 2016 Complaint
11

First Amended Class Action Complaint

Aug. 12, 2016 Complaint
106

Report and Recommendation

July 29, 2019 Magistrate Report/Recommendation
113

Joint Motion to Dismiss with Prejudice

Nov. 15, 2019 Pleading / Motion / Brief
115

Joint Motion to Dismiss with Predjudice

Nov. 15, 2019 Pleading / Motion / Brief
114

Joint Motion to Dismiss with Prejudice

Nov. 15, 2019 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4521031/washington-v-caliber-home-loans-inc/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8762196 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Joseph Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons) (Lynch, Elizabeth) (Attachment 1 replaced on 7/18/2016) (Davis, Kimberly). (Entered: 07/15/2016)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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July 15, 2016 RECAP

NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page using the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)

July 15, 2016 PACER

Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

July 18, 2016 PACER
2

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 07/18/2016)

July 18, 2016 PACER
3

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 07/18/2016)

July 18, 2016 PACER
4

Summons Issued as to Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Attachments: # 1 Summons) (Davis, Kimberly) (Entered: 07/18/2016)

1 Summons

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July 18, 2016 PACER
5

SCHEDULING ORDER: An Initial Conference is set for 11/15/2016 at 11:30 AM in Courtroom 13D South before Magistrate Judge Steven M. Gold. Counsel are directed to refer to and comply with the attached order. Ordered by Magistrate Judge Steven M. Gold on 7/20/2016. (Attachments: # 1 CHAMBERS INDIVIDUAL RULES) (Richardson, Jacqueline) (Entered: 07/20/2016)

1 CHAMBERS INDIVIDUAL RULES

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July 20, 2016 PACER
6

NOTICE of Appearance by Christopher Fasano on behalf of Joseph Washington (aty to be noticed) (Fasano, Christopher) (Entered: 07/29/2016)

July 29, 2016 PACER
7

NOTICE of Appearance by Matthew D. Brinckerhoff on behalf of Joseph Washington (aty to be noticed) (Brinckerhoff, Matthew) (Entered: 08/10/2016)

Aug. 10, 2016 PACER
8

NOTICE of Appearance by Diane Lee Houk on behalf of Joseph Washington (aty to be noticed) (Houk, Diane) (Entered: 08/10/2016)

Aug. 10, 2016 PACER
9

NOTICE of Appearance by Linda Jun on behalf of Joseph Washington (aty to be noticed) (Jun, Linda) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
10

NOTICE of Appearance by Carolyn Elizabeth Coffey on behalf of Joseph Washington (aty to be noticed) (Coffey, Carolyn) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
11

AMENDED COMPLAINT against Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust, U.S. Department of Housing and Urban Development, Julian Castro, Edward Golding, filed by Joseph Washington, St. Clair Blackett, Melissa Trotman, Lucille Mason. (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 RECAP
12

Proposed Summons. Re 11 Amended Complaint, by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
13

Proposed Summons. Re 11 Amended Complaint, by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
14

Proposed Summons. by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
15

Proposed Summons. by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
16

Proposed Summons. Re 11 Amended Complaint, by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
17

Proposed Summons. Re 11 Amended Complaint, by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 08/16/2016)

Aug. 16, 2016 PACER
18

Summons Issued as to Caliber Home Loans, Inc., Julian Castro, Edward Golding, U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust, U.S. Department of Housing and Urban Development. (Attachments: # 1 Summons- Castro, # 2 Summons - Golding, # 3 Summons- Caliber, # 4 Summons - US Bank) (Fernandez, Erica) (Entered: 08/17/2016)

1 Summons- Castro

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2 Summons - Golding

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3 Summons- Caliber

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4 Summons - US Bank

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Aug. 17, 2016 PACER
19

SUMMONS Returned Executed by Lucille Mason, Joseph Washington, Melissa Trotman, St. Clair Blackett. Caliber Home Loans, Inc. served on 8/23/2016, answer due 9/13/2016. (Houk, Diane) (Entered: 08/30/2016)

Aug. 30, 2016 PACER
20

Letter MOTION for Extension of Time to File Answer re 11 Amended Complaint, by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Attachments: # 1 Stipulation and Proposed Order) (Nagin, Benjamin) Modified on 9/13/2016 to correct referenced document (Piper, Francine). (Entered: 09/12/2016)

1 Stipulation and Proposed Order

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Sept. 12, 2016 PACER

ORDER: 20 Motion for Extension of Time to Answer Amended Complaint is GRANTED. Caliber Home Loans, Inc. and U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust answers are due 10/28/2016. So Ordered by Magistrate Judge Steven M. Gold on 9/13/2016. (Gillespie, Saudia)

Sept. 13, 2016 PACER
21

MOTION for Leave to Appear Pro Hac Vice of Angela C. Zambrano Filing fee $ 150, receipt number 0207-8996700. by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Attachments: # 1 Affidavit, # 2 Exhibit New York Certificate of Good Standing, # 3 Exhibit Texas State Bar Certificate of Good Standing) (Zambrano, Angela) (Entered: 10/17/2016)

1 Affidavit

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2 Exhibit New York Certificate of Good Standing

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3 Exhibit Texas State Bar Certificate of Good Standing

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Oct. 17, 2016 PACER

ORDER: 21 Motion for Leave to Appear Pro Hac Vice is GRANTED. Attorney Angela Zambrano shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Steven M. Gold on 10/19/2016. (Gillespie, Saudia)

Oct. 19, 2016 PACER
22

NOTICE of Appearance by Kelly Horan Florio on behalf of Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (aty to be noticed) (Florio, Kelly) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
23

NOTICE by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development re 22 Notice of Appearance Notice of Appearance for Tamra T. Moore (Florio, Kelly) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
24

First MOTION for Extension of Time to File Response/Reply respectfully requesting an extension of time to answer, move, or otherwise respond to the Amended Complaint and corresponding adjournment of the November 15, 2016 status conference by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Florio, Kelly) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
25

ORDER granting 24 Motion for Extension of Time to File Response/Reply; Application granted. Magistrate Gold will provide date for reschedule conference. Ordered by Judge Carol Bagley Amon on 10/21/2016. (Fernandez, Erica) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
26

Letter MOTION for Extension of Time to File Response/Reply as to 11 Amended Complaint, until December 8, 2016 by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Nagin, Benjamin) Modified type of motion on 10/24/2016 (Gillespie, Saudia). (Entered: 10/21/2016)

Oct. 21, 2016 PACER

SCHEDULING ORDER: The initial conference previously scheduled for November 15, 2016 is adjourned to December 20, 2016 at 11:30 a.m. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 10/24/2016. (Gillespie, Saudia)

Oct. 24, 2016 PACER

ORDER: 26 Motion for Extension of Time to Answer Amended Complaint is GRANTED. Caliber Home Loans, Inc. answer due 12/8/2016; U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust answer due 12/8/2016. Ordered by Magistrate Judge Steven M. Gold on 10/24/2016. (Gillespie, Saudia)

Oct. 24, 2016 PACER
27

SUMMONS Returned Executed by Lucille Mason, Joseph Washington, Melissa Trotman, St. Clair Blackett. U.S. Department of Housing and Urban Development served on 8/19/2016, answer due 9/9/2016. (Houk, Diane) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
28

NOTICE of Appearance by Elliot M. Schachner on behalf of Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (aty to be noticed) (Schachner, Elliot) (Entered: 10/28/2016)

Oct. 28, 2016 PACER
29

NOTICE of Appearance by Tamra Moore on behalf of Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (aty to be noticed) (Moore, Tamra) (Entered: 11/01/2016)

Nov. 1, 2016 PACER
30

Letter MOTION for pre motion conference by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
31

Corporate Disclosure Statement by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust identifying Corporate Parent LSF6 Service Operations, LLC, Corporate Parent LSF6 Mid-Servicer Holdings, LLC for Caliber Home Loans, Inc.; Corporate Parent U.S. Bank National Association, Corporate Parent U.S. Bancorp, Other Affiliate LSF9 Master Participation Trust for U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Nagin, Benjamin) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
32

Letter MOTION for pre motion conference with respect to their anticipated motion to dismiss the Amended Complaint by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Nagin, Benjamin) (Entered: 12/08/2016)

Dec. 8, 2016 PACER

ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge Carol Bagley Amon no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.. Ordered by Chief Judge Dora Lizette Irizarry on 12/9/2016. (Davis, Kimberly)

Dec. 9, 2016 PACER
33

Letter MOTION to Stay re Scheduling Order, Adjournment of Initial Conference, and Stay Discovery by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
34

Letter to Oppose Letter Request to Adjourn by Joseph Washington (Houk, Diane) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
35

Letter MOTION to Adjourn Conference and to Join the Federal Defendants', Letter MOTION to Stay Discovery and Adjourn Initial Conference (Dkt. 33) by Caliber Home Loans, Inc., U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Attachments: # 1 Exhibit A - Caliber Defendants' Pre-Motion Letter (Dkt. 32), # 2 Exhibit B - Federal Defendants' Pre-Motion Letter (Dkt. 30)) (Nagin, Benjamin) (Entered: 12/12/2016)

1 Exhibit A - Caliber Defendants' Pre-Motion Letter (Dkt. 32)

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2 Exhibit B - Federal Defendants' Pre-Motion Letter (Dkt. 30)

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Dec. 12, 2016 PACER

ORDER: 35 Motion to Adjourn Conference is hereby DENIED. The initial conference previously scheduled for DECEMBER 20, 2016 AT 11:30 AM will proceed as scheduled. Counsel shall be prepared to discuss at the conference 33 motion to stay. Ordered by Magistrate Judge Steven M. Gold on 12/13/2016. (Gillespie, Saudia)

Dec. 13, 2016 PACER
36

NOTICE of Appearance by Douglas Edward Lieb on behalf of All Plaintiffs (aty to be noticed) (Lieb, Douglas) (Entered: 12/13/2016)

Dec. 13, 2016 PACER
37

RESPONSE in Opposition re 30 Letter MOTION for pre motion conference filed by All Plaintiffs. (Houk, Diane) (Entered: 12/15/2016)

Dec. 15, 2016 PACER
38

RESPONSE in Opposition re 32 Letter MOTION for pre motion conference with respect to their anticipated motion to dismiss the Amended Complaint filed by All Plaintiffs. (Houk, Diane) (Entered: 12/15/2016)

Dec. 15, 2016 PACER

ORDER granting in part and denying in part 33 Motion to Stay; granting in part and denying in part 35 Motion to Stay as indicated during the proceeding held today. Ordered by Magistrate Judge Steven M. Gold on 12/20/2016. (Gold, Steven)

Dec. 20, 2016 PACER
39

Minute Entry: Initial Conference Hearing held on 12/20/2016 before Magistrate Judge Steven M. Gold. Lynch, Houk, Lieb, Fasano, Jun and Brinkerhoff for plaintiffs; Moore and Schachner for HUD, Castro and Golding; Nagin and Colon for Caliber and US Bank Trust as Trustee. Rule 26(a)(1) disclosures will be served by January 27, 2017. The parties will attempt to agree upon limited document discovery and ESI protocols as discussed during today's conference. Counsel for defendants represent that a litigation hold is in place. THE COURT WILL HOLD A STATUS CONFERENCE AT 4:00 PM ON FEBRUARY 27, 2017. Counsel shall submit letters identifying any areas of dispute that they seek to raise at that conference by letter filed no later than February 21, 2017. (Gillespie, Saudia) (Entered: 12/21/2016)

Dec. 20, 2016 PACER

ORDER. Having reviewed the parties' submissions regarding 30 the federal defendants' motion for a pre motion conference, the Court finds that no pre motion conference is necessary, but the federal defendants may proceed with their motion to dismiss. The parties shall file a joint proposed motion schedule by 2/14/2017. Ordered by Judge Eric N. Vitaliano on 1/31/2017.(Fielding, Peter)

Jan. 31, 2017 PACER

ORDER. Having reviewed the parties' submissions regarding 32 the Caliber defendants' motion for a pre motion conference, the Court finds that no pre motion conference is necessary, but the Caliber defendants may proceed with their motion to dismiss. The parties shall file a joint proposed motion schedule by 2/14/2017. Ordered by Judge Eric N. Vitaliano on 1/31/2017.(Fielding, Peter)

Jan. 31, 2017 PACER
40

Letter With Proposed MTD Briefing Schedule by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 02/14/2017)

Feb. 14, 2017 PACER

SCHEDULING ORDER. Defendants shall serve on plaintiffs their motions to dismiss no later than April 19, 2017. Plaintiffs shall serve on defendants their oppositions no later than May 18, 2017, and defendants shall serve on plaintiffs their replies and electronically file all motion papers no later than June 2, 2017. The parties are reminded to comply with all of the Court's individual rules, including Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 2/15/2017. (Fielding, Peter)

Feb. 15, 2017 PACER
41

Letter re: Discovery Status by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Attachments: # 1 Exhibit A) (Houk, Diane) (Entered: 02/21/2017)

1 Exhibit A

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Feb. 21, 2017 RECAP
42

Letter response to Plaintiffs' Letter re Discovery Status by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (Moore, Tamra) (Entered: 02/24/2017)

Feb. 24, 2017 RECAP
43

Letter to The Honorable Steven M. Gold in response to Plaintiffs' February 21, 2017 letter by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Nagin, Benjamin) (Entered: 02/24/2017)

Feb. 24, 2017 RECAP
44

Minute Entry: Status Conference held on 2/27/2017 before Magistrate Judge Steven M. Gold. Lynch, Houk, Fasano, and Jun for plaintiffs; Moore and Schachner for HUD, Nagin and Whitman for Caliber and US Bank Trust as Trustee. Plaintiffs' application to compel disclosure by HUD of an administrative record is denied for reasons stated on the record. (Tape #4:02-4:22.) (Gillespie, Saudia) (Entered: 02/28/2017)

Feb. 27, 2017 RECAP
45

NOTICE of Appearance by Melissa Colon-Bosolet on behalf of Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (aty to be noticed) (Colon-Bosolet, Melissa) (Entered: 03/07/2017)

March 7, 2017 PACER
46

Letter MOTION for Leave to File Excess Pages for the Federal Defendants' memorandum in support of their Motion to Dismiss by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 04/07/2017)

April 7, 2017 PACER
47

Letter MOTION for Leave to File Excess Pages for the Federal Defendants' memorandum in support of their motion to dismiss by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 04/07/2017)

April 7, 2017 PACER

ORDER terminating 46 Motion for Leave to File Excess Pages. Based on the representations in footnote 1 of the Federal Defendants' 47 second motion for leave to file excess pages, their 46 first motion for leave to file excess pages is terminated because it was filed in error. Ordered by Judge Eric N. Vitaliano on 4/7/2017. (Fielding, Peter)

April 7, 2017 PACER

ORDER granting 47 Motion for Leave to File Excess Pages. The Federal Defendants' memorandum in support of their motion to dismiss and the Plaintiffs' memorandum in opposition to that motion shall be no longer than 35 double-spaced pages. These memoranda must otherwise conform with the Court's individual rules, including Rule III.C. Ordered by Judge Eric N. Vitaliano on 4/7/2017. (Fielding, Peter)

April 7, 2017 PACER
48

Letter MOTION for Extension of Time to File Serve the Federal Defendants' Motion to Dismiss on Plaintiffs by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 04/17/2017)

April 17, 2017 PACER
49

RESPONSE in Opposition re 48 Letter MOTION for Extension of Time to File Serve the Federal Defendants' Motion to Dismiss on Plaintiffs filed by St. Clair Blackett, Lucille Mason, Melissa Trotman. (Attachments: # 1 Exhibit A) (Lieb, Douglas) (Entered: 04/17/2017)

1 Exhibit A

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April 17, 2017 PACER

ORDER granting, with modifications, 48 Motion for Extension of Time to File. Defendants shall serve on plaintiffs their motions to dismiss no later than May 3, 2017. Plaintiffs shall serve on defendants their oppositions no later than June 23, 2017, and defendants shall serve on plaintiffs their replies, if any, and electronically file all motion papers no later than July 7, 2017. The parties are reminded to comply with all of the Court's individual rules, including Rule III.D (the "Bundling Rule"). Ordered by Judge Eric N. Vitaliano on 4/17/2017. (Fielding, Peter)

April 17, 2017 PACER
50

NOTICE of "Motion to Appear and Join Class Action As Pltff," filed by Eduardo Vallejo. (Galeano, Sonia) (Entered: 04/25/2017)

April 24, 2017 RECAP
51

Letter in Response to Pro Se Motion to Join (Dkt #50) by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lieb, Douglas) (Entered: 05/05/2017)

May 5, 2017 RECAP
52

Letter MOTION for Extension of Time to File Response/Reply Brief in Support of their Motion to Dismiss the Amended Complaint, MOTION for Leave to File Excess Pages for Caliber Defendants' Consolidated Reply by Caliber Home Loans, Inc., U.S. Bank Trust, N.A.. (Nagin, Benjamin) (Entered: 06/29/2017)

June 29, 2017 PACER
53

Letter MOTION for Extension of Time to File Response/Reply in Support of the Federal Defendants' Motion to Dismiss the Amended Complaint, Letter MOTION for Leave to File Excess Pages for Reply Brief by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 06/29/2017)

June 29, 2017 PACER
54

RESPONSE to Motion re 52 Letter MOTION for Extension of Time to File Response/Reply Brief in Support of their Motion to Dismiss the Amended Complaint MOTION for Leave to File Excess Pages for Caliber Defendants' Consolidated Reply, 53 Letter MOTION for Extension of Time to File Response/Reply in Support of the Federal Defendants' Motion to Dismiss the Amended ComplaintLetter MOTION for Leave to File Excess Pages for Reply Brief filed by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Attachments: # 1 Exhibit A) (Lieb, Douglas) (Entered: 06/29/2017)

1 Exhibit A

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June 29, 2017 PACER

ORDER granting in part and denying in part 52 Motion for Extension of Time to File Response/Reply; granting in part and denying in part 52 Motion for Leave to File Excess Pages; granting in part and denying in part 53 Motion for Extension of Time to File Response/Reply; granting in part and denying in part 53 Motion for Leave to File Excess Pages. The Court's April 17, 2017, Order is modified to permit defendants to serve on plaintiffs their replies and electronically file all motion papers no later than July 12, 2017. These replies shall be no longer than 13 double-spaced pages and must otherwise conform with the Court's individual rules, including Rule III.C. Going forward, the parties are encouraged to avoid raising related disputes in a piecemeal fashion when there is no barrier to their simultaneous resolution. Ordered by Judge Eric N. Vitaliano on 6/29/2017. (Fielding, Peter)

June 29, 2017 PACER
55

NOTICE of Change of Name and Address by Elizabeth Mary Lynch (Lynch, Elizabeth) (Entered: 06/29/2017)

June 29, 2017 PACER
56

MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Attachments: # 1 Declaration John W. Lucey, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Memorandum in Support of the Federal Defendants' Motion to Dismiss) (Moore, Tamra) (Entered: 07/12/2017)

1 Declaration John W. Lucey

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Memorandum in Support of the Federal Defendants' Motion to Dismiss

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July 12, 2017 RECAP
57

MEMORANDUM in Opposition re 56 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed on behalf of Plaintiffs filed by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 07/12/2017)

July 12, 2017 PACER
58

REPLY in Support re 56 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 07/12/2017)

July 12, 2017 PACER
59

Fully Briefed MOTION to Dismiss the First Amended Class Action by Caliber Home Loans, Inc., U.S. Bank Trust, N.A.. (Attachments: # 1 Caliber Defendants' Memorandum of Law in Support of their Motion to Dismiss, # 2 Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss, # 3 Caliber Defendants' Reply Memorandum of Law in Support of their Motion to Dismiss, # 4 Cover Letter to Plaintiffs re Motion to Dismiss, # 5 Cover Letter to Federal Defendants re Caliber Defendants' Motion to Dismiss, # 6 Cover Letter to Plaintiffs re Reply Brief in Support of Caliber Defendants' Motion to Dismiss, # 7 Cover Letter to Federal Defendants re Reply Brief in Support of Caliber Defendants' Motion to Dismiss) (Nagin, Benjamin) (Entered: 07/12/2017)

1 Caliber Defendants' Memorandum of Law in Support of their Motion to Dismis

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2 Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss

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3 Caliber Defendants' Reply Memorandum of Law in Support of their Motion to

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4 Cover Letter to Plaintiffs re Motion to Dismiss

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5 Cover Letter to Federal Defendants re Caliber Defendants' Motion to Dismis

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6 Cover Letter to Plaintiffs re Reply Brief in Support of Caliber Defendants'

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7 Cover Letter to Federal Defendants re Reply Brief in Support of Caliber Defenda

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July 12, 2017 RECAP
60

Letter Requesting Oral Argument by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 07/20/2017)

July 20, 2017 PACER
61

STIPULATION and JOINT [Proposed] Confidentiality and Protective Order by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Nagin, Benjamin) (Entered: 07/24/2017)

July 24, 2017 RECAP

ORDER: Stipulation filed as docket entry 61 is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 7/25/2017. (Gillespie, Saudia)

July 25, 2017 PACER
62

Letter For Pre Motion Conference for Leave to Amend Complaint by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Lynch, Elizabeth) (Entered: 09/20/2017)

Sept. 20, 2017 RECAP
63

Letter in Response to Plaintiffs' Request for a Pre-Motion Conference in Anticipation of Plaintiffs' Motion for Leave to Amend the First Amended Complaint by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (Moore, Tamra) (Entered: 09/27/2017)

Sept. 27, 2017 PACER

ORDER REFERRING MOTION. Defendants 56 MOTION to Dismiss and defendants 59 MOTION to Dismiss is respectfully referred to Magistrate Judge Steven M. Gold. Ordered by Judge Eric N. Vitaliano on 10/5/2017. (Fernandez, Ashley)

Oct. 5, 2017 PACER

ORDER REFERRING MOTION. Plaintiffs' 62 MOTION for a Pre Motion Conference for Leave to Amend Complaint is respectfully referred to Magistrate Judge Steven M. Gold. Ordered by Judge Eric N. Vitaliano on 10/5/2017. (Fernandez, Ashley)

Oct. 5, 2017 PACER

SCHEDULING ORDER: An in-person pre motion conference hearing is scheduled for November 15, 2017 at 2:30 PM in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules.Ordered by Magistrate Judge Steven M. Gold on 10/6/2017. (Gillespie, Saudia)

Oct. 6, 2017 PACER
64

MOTION to Adjourn Conference by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Lynch, Elizabeth) (Entered: 10/16/2017)

Oct. 16, 2017 PACER

ORDER: Granting 64 Motion to Adjourn Conference. The Pre Motion Conference previously scheduled for November 15, 2017 is adjourned to November 30, 2017 at 2:30 p.m. in Courtroom 13D South before the undersigned. Ordered by Magistrate Judge Steven M. Gold on 10/19/2017. (Gillespie, Saudia)

Oct. 19, 2017 PACER
65

Minute Entry: Pre Motion Conference held on 11/30/2017 before Magistrate Judge Steven M. Gold. Lieb et al. for plaintiff, Moore and Schachner for HUD, Nagin and Colon for Caliber and US Bank Trust. Premotion conference held. Plaintiff will file his motion for leave to amend by December 8. Opposition is due January 8, 2018, and any reply is due January 17, 2018. If defendants contend that the proposed pleading is defective in a way that might be cured by further amendment, counsel are urged to discuss their concern as soon as it arises and afford plaintiff an opportunity to revise his proposed amended pleading before opposition to the motion is filed. THE COURT WILL HEAR ARGUMENT ON ALL PENDING MOTIONS AT 2:00 PM ON MARCH 6, 2018. (FTR Log #2:43-3:13.) (Gillespie, Saudia) (Entered: 12/01/2017)

Nov. 30, 2017 PACER
66

MOTION to Amend/Correct/Supplement 11 Amended Complaint, by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Lieb, Douglas) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
67

AFFIDAVIT/DECLARATION in Support re 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint, filed by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Second Amended Complaint, # 2 Exhibit B - Copy of Email Sent to Tamra D. Moore, 8.11.17) (Lieb, Douglas) (Entered: 12/08/2017)

1 Exhibit A - Plaintiffs' Proposed Second Amended Complaint

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2 Exhibit B - Copy of Email Sent to Tamra D. Moore, 8.11.17

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Dec. 8, 2017 PACER
68

MEMORANDUM in Support re 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint, filed by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Lieb, Douglas) (Entered: 12/08/2017)

Dec. 8, 2017 PACER
69

Letter MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint, by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 01/04/2018)

Jan. 4, 2018 PACER
70

RESPONSE in Opposition re 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint, filed by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development. (Moore, Tamra) (Entered: 01/19/2018)

Jan. 19, 2018 RECAP

ORDER REFERRING MOTION. Plaintiffs' 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint is respectfully referred to Steven M. Gold. Ordered by Judge Eric N. Vitaliano on 1/22/2018. (Fernandez, Ashley)

Jan. 22, 2018 PACER
71

REPLY in Support re 66 MOTION to Amend/Correct/Supplement 11 Amended Complaint, filed by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington. (Lieb, Douglas) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
72

Minute Entry: Motion Hearing held on 3/6/2018 before Magistrate Judge Steven M. Gold. Lieb and Jun for plaintiffs; Moore and Schachner for HUD, Castro and Golding; Nagin and Colon-Bosolet for Caliber and US Bank Trust as Trustee. Oral argument held. Decision reserved. Counsel for Caliber and plaintiffs shall confer with respect to the fact issues discussed today regarding modifications for which plaintiffs Washington and Blackett may be eligible and submit a proposal for addressing those issues by March 16, 2018.(FTR Log #1:58-3:51; 4:17-5:41.) (Gillespie, Saudia) (Entered: 03/07/2018)

March 6, 2018 PACER
73

TRANSCRIPT of Proceedings held on March 6, 2018, before Judge Gold. Court Transcriber: TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018. (Rocco, Christine) (Main Document 73 replaced on 3/8/2018) (Rocco, Christine). (Entered: 03/08/2018)

March 8, 2018 PACER
74

Letter responding to certain factual developments as a result of March 6, 2018 hearing by Julian Castro, Edward Golding, U.S. Department of Housing and Urban Development (Moore, Tamra) (Entered: 03/13/2018)

March 13, 2018 RECAP
75

Letter in response to March 7, 2018 minute order [Doc. 72] directing counsel for the Caliber Defendants and Plaintiffs to confer and submit a joint proposal by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Nagin, Benjamin) (Entered: 03/16/2018)

March 16, 2018 PACER
76

Letter Response to Dkt #74 by St. Clair Blackett, Lucille Mason, Melissa Trotman, Joseph Washington (Brinckerhoff, Matthew) (Entered: 03/19/2018)

March 19, 2018 PACER
77

Letter regarding proposed briefing schedule to address fact issues raised by Court in March 6, 2018 hearing by Caliber Home Loans, Inc., U.S. Bank Trust, N.A. (Attachments: # 1 Exhibit A - Washington March 6 2018 Hearing Transcript Excerpt) (Nagin, Benjamin) (Entered: 03/23/2018)

1 Exhibit A - Washington March 6 2018 Hearing Transcript Excerpt

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March 23, 2018 PACER

ORDER: The schedule proposed 77 by the Caliber defendants is adopted. Counsel for the Caliber defendants represent that they require the two additional weeks to which plaintiffs' object. The request is reasonable and will not prejudice plaintiffs. Ordered by Magistrate Judge Steven M. Gold on 3/26/2018. (Gillespie, Saudia)

March 26, 2018 PACER

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 15, 2016

Closing Date: Nov. 20, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four named plaintiffs representing putative class of African-American New York City homeowners whose mortgages were auctioned through one of HUD's Note Sales or who were at risk of having their mortgage sold through one of HUD's Note Sales.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Department of Housing and Urban Development, Federal

Caliber Home Loans, Inc., Private Entity/Person

Defendant Type(s):

Housing Authority

Insurer

Case Details

Causes of Action:

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

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Disparate Impact

Housing

Housing assistance

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black