Case: Oakland v. Wells Fargo

3:15-cv-04321 | U.S. District Court for the Northern District of California

Filed Date: Sept. 21, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 21, 2015, the City of Oakland filed this lawsuit in the United States District Court for the Northern District of California against Wells Fargo & Co and Wells Fargo Bank NA under the Fair Housing Act, California Fair Employment and Housing Act, and California Government Code. The plaintiffs claimed that the defendants had engaged in predatory mortgage strategies that disproportionately targeted minority communities. Specifically, they alleged that the defendants had engaged in red…

On September 21, 2015, the City of Oakland filed this lawsuit in the United States District Court for the Northern District of California against Wells Fargo & Co and Wells Fargo Bank NA under the Fair Housing Act, California Fair Employment and Housing Act, and California Government Code. The plaintiffs claimed that the defendants had engaged in predatory mortgage strategies that disproportionately targeted minority communities. Specifically, they alleged that the defendants had engaged in redlining and reverse redlining, causing a disproportionate number of foreclosures in minority communities and, as a result, reducing tax revenue for the City of Oakland, increasing municipal expenditures, and neutralizing the effectiveness of city fair-housing programs. Represented by the Oakland City Attorney’s office, the Center for Constitutional Litigation, and private counsel, the plaintiffs sought declaratory, injunctive, and compensatory relief as well as punitive damages and attorneys' fees. The case was assigned to Judge Edward M. Chen.

On November 13, 2015, the defendants filed a motion to dismiss, arguing that the predatory sub-prime loans that the plaintiffs referred to had ceased in 2008, placing their conduct outside the two year limitation period in the Fair Housing Act. The Court directed Oakland “to amend its complaint in view of the language now in Miami and give it your best shot with as much specificity as possible in terms of the kinds of damages that you are asserting that you contend are proximately caused by the [] alleged FHA violation.”

On August 15, 2017, the plaintiffs filed an amended complaint claiming that Wells Fargo’s predatory activity had continued through the time of filing and therefore was within the limitations of the Fair Housing Act.

On October 6, 2017, the defendants filed a motion to dismiss the first amended complaint, stating the plaintiffs had failed to properly show that the defendants had been the proximate cause of the injuries they alleged. On June 15, 2018, Judge Chen denied the defendants' motion to dismiss as to the claim related to reduced tax revenue and also denied the motion to dismiss as to the municipal expenditures, insofar as Oakland sought declaratory or injunctive relief. The third claim—neutralization of the city’s fair-housing program—was dismissed without prejudice.

On February 28, 2019, the defendants filed an interlocutory appeal (USCA No. 19−15169). On August 27, 2020, a three-judge panel from the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. The panel affirmed the district court's denial of defendants' motion to dismiss claims related to reduced tax revenue. The panel also affirmed the grant of defendants' motion to dismiss damage claims from increased municipal expenses. Finally, the panel reversed the denial of defendants' motion to dismiss injunctive and declaratory relief claims. Contrary to the district court's ruling, the panel held that the proximate cause directness requirement also applied to claims for injunctive and declaratory relief, not just claims for damages. The case was remanded for the district court to consider the plausibility of this claim, given that the City needed to satisfy the proximate cause directness requirement.

Following the grant of a petition to rehear the case en banc, on September 28, 2021, the court affirmed in part and reversed in part. Similar to the three-judge panel, the court affirmed the dismissal of the damages claim for increased municipal expenditures. The court also affirmed the dismissal of the claims for injunctive and declaratory relief.

However, the court reversed the denial of dismissal for claims of damages from reduced tax revenue. The en banc court held that, to meet the standard for proximate cause, there must be sufficient directness from the alleged action to the alleged harm. Such directness stems from the first link in the causal chain. Downstream "ripples of harm" from defendants' actions traveled too far beyond the alleged misconduct to establish proximate cause. As a result, the City had not sufficiently plead its claim, and the case was remanded to the district court for dismissal consistent with this opinion. Costs were awarded to Wells Fargo.

Summary Authors

Carter Powers Beggs (10/17/2019)

Jordan Schuler (10/18/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4182208/parties/city-of-oakland-v-wells-fargo-bank-na/


Judge(s)

Bade, Bridget Shelton (Arizona)

Callahan, Consuelo Maria (California)

Chen, Edward Milton (California)

Cole, Ransey Guy Jr. (Ohio)

Gould, Ronald Murray (Washington)

Hurwitz, Andrew David (Arizona)

Ikuta, Sandra Segal (California)

McKeown, M. Margaret (California)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Judge(s)

Bade, Bridget Shelton (Arizona)

Callahan, Consuelo Maria (California)

Chen, Edward Milton (California)

Cole, Ransey Guy Jr. (Ohio)

Gould, Ronald Murray (Washington)

Hurwitz, Andrew David (Arizona)

Ikuta, Sandra Segal (California)

McKeown, M. Margaret (California)

Murguia, Mary Helen (Arizona)

Nelson, Ryan Douglas (District of Columbia)

Nguyen, Jacqueline Hong-Ngoc (California)

Paez, Richard A. (California)

Spero, Joseph C. (California)

Thomas, Sidney Runyan (Montana)

VanDyke, Lawrence James Christopher (Nevada)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Bee, Maria (California)

Cachan, Manuel Francisco (California)

Kim, Sumy (California)

Liberson, Joel Keith (California)

Parker, Barbara J (California)

Peck, Robert S (District of Columbia)

Peretz, Yosef (California)

Sellers, Joseph Marc (District of Columbia)

Attorneys(s) for Defendant

Casazza, Kyle Alexander (California)

Collins, Daniel Paul (California)

Hancock, Paul F. (Florida)

Katyal, Neal Kumar (District of Columbia)

Patashnik, Joshua (California)

Pierce, Rio S. (California)

Roche, Jennifer Lynn (California)

Sanchez, Terry Edward (California)

Sangster, Edward P (California)

Williams, Bart H. (California)

Other Attorney(s)

Brancart, Christopher (California)

Corman, Brian Christopher (District of Columbia)

Rich, Joseph D. (District of Columbia)

Silverstein, Thomas S. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

City Of Oakland v. Wells Fargo Bank, N.A.

Sept. 28, 2021 Docket
1

Complaint

City of Oakland v. Wells Fargo Bank, N.A.

Sept. 21, 2015 Complaint
104

First Amended Complaint

City of Oakland v. Wells Fargo Bank, N.A.

Aug. 15, 2017 Complaint
147

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

City of Oakland v. Wells Fargo Bank, N.A.

June 15, 2018 Order/Opinion
165

Order Granting Defendants' Motion to Amend Order to Include Certification for Interlocutory Appeal

City of Oakland v. Wells Fargo Bank, N.A.

Sept. 5, 2018 Order/Opinion
73

Opinion

City of Oakland v. Wells Fargo & Company

U. S. Court of Appeals for the Ninth Circuit

972 F.3d 1112

Aug. 26, 2020 Order/Opinion
88

Order

City of Oakland v. Wells Fargo & Company

U. S. Court of Appeals for the Ninth Circuit

993 F.3d 1077

April 20, 2021 Order/Opinion
120

Opinion

City of Oakland v. Wells Fargo & Company

U. S. Court of Appeals for the Ninth Circuit

14 F.4th 1030

Sept. 28, 2021 Order/Opinion

Resources

Title Description External URL

City of Oakland v. Wells Fargo Bank

Cohen Milstein

On October 7, 2016, Cohen Milstein Sellers & Toll PLLC, alongside the Lawyers’ Committee for Civil Rights Under Law, the National Fair Housing Alliance, the Leadership Conference on Civil Rights and … https://www.cohenmilstein.com/case-study/city-oakland-v-wells-fargo-bank

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182208/city-of-oakland-v-wells-fargo-bank-na/

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

ECF Number Description Date Link
1

COMPLAINT against Wells Fargo & Co., Wells Fargo Bank, N.A. ( Filing fee $ 400, receipt number 0971-9853000.). Filed byCity Of Oakland. (Attachments: # 1 Civil Cover Sheet)(Kim, Sumy) (Filed on 9/21/2015) (Entered: 09/21/2015)

1 Civil Cover Sheet

View on PACER

Sept. 21, 2015 RECAP
2

Proposed Summons. (Kim, Sumy) (Filed on 9/21/2015) (Entered: 09/21/2015)

Sept. 21, 2015 PACER
3

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

Sept. 21, 2015 PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/16/2015. Case Management Conference set for 12/23/2015 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 9/22/2015) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
5

Summons Issued as to Wells Fargo & Co., Wells Fargo Bank, N.A.. (ysS, COURT STAFF) (Filed on 9/22/2015) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
6

ASSOCIATION of Counsel Robert S. Peck Pro Hac Vice by City Of Oakland. (Peck, Robert) (Filed on 9/22/2015) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
7

MOTION for leave to appear in Pro Hac Vice Robert S. Peck ( Filing fee $ 305, receipt number 0971-9857687.) filed by City Of Oakland. (Peck, Robert) (Filed on 9/22/2015) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
8

Order by Magistrate Judge Sallie Kim granting 7 Motion for Pro Hac Vice as to attorney Robert Peck. (mklS, COURT STAFF) (Filed on 9/23/2015) (Entered: 09/23/2015)

Sept. 23, 2015 PACER
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of Oakland.. (Kim, Sumy) (Filed on 10/7/2015) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
10

NOTICE of Appearance by Joshua Patashnik (Patashnik, Joshua) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo & Co., Wells Fargo Bank, N.A... (Patashnik, Joshua) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
12

NOTICE of Appearance by Terry Edward Sanchez (Sanchez, Terry) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
13

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
14

NOTICE of Appearance by Bart Harper Williams (Williams, Bart) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
15

NOTICE of Appearance by Miriam Kim Notice of Appearance (Kim, Miriam) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
16

STIPULATION to Extend Time to Respond to the Initial Complaint by 30 Days filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
17

STIPULATION WITH PROPOSED ORDER to Set Schedule for Motion to Dismiss and Declaration of Bart Williams in support of Stipluation filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Williams, Bart) (Filed on 10/8/2015) (Entered: 10/08/2015)

1 Proposed Order

View on PACER

Oct. 8, 2015 PACER
18

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case.. Signed by Executive Committee on 10/9/15. (as, COURT STAFF) (Filed on 10/9/2015) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
19

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for December 29, 2015, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by December 22, 2015. (This is a text only docket entry, there is no document associated with this notice.)(ndrS, COURT STAFF) (Filed on 10/13/2015) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
20

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Stipulation to Set Schedule for Motion to Dismiss (ndrS, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015 RECAP

Set Motion and Deadlines/Hearings

Oct. 14, 2015 PACER

Reset Deadlines Pursuant to Docket No. 20 : Responses due by 12/14/2015; Replies due by 1/8/2016. (ndrS, COURT STAFF) (Filed on 10/14/2015)

Oct. 14, 2015 PACER
21

CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for December 29, 2015, is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndrS, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015 PACER
22

MOTION to Dismiss Complaint; Memorandum of Points & Authorities in Support Thereof filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. Motion Hearing set for 2/11/2016 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 12/14/2015. Replies due by 1/8/2016. (Attachments: # 1 REQUEST FOR JUDICIAL NOTICE AND EXHIBITS A-O THEREOF, # 2 WELLS FARGO DEFENDANTS CERTIFICATION OF INTERESTED ENTITIES PURSUANT TO FED R. CIV. PROC. 7.1 AND CIVIL LOCAL RULE 3-16;, # 3 DECLARATION OF RIO PIERCE, # 4 [PROPOSED] ORDER, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C through R, # 8 Proof of Service)(Williams, Bart) (Filed on 11/13/2015) Modified on 11/23/2015 (dtmS, COURT STAFF). (Entered: 11/13/2015)

1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF MOTION AND MOTION TO DISMIS

View on PACER

2 WELLS FARGO DEFENDANTS CERTIFICATION OF INTERESTED ENTITIES PURSUANT TO FED R.

View on PACER

3 DECLARATION OF RIO PIERCE

View on PACER

4 [PROPOSED] ORDER

View on PACER

5 Exhibit A

View on PACER

6 Exhibit B

View on PACER

7 Exhibit C through R

View on PACER

8 Proof of Service

View on PACER

Nov. 13, 2015 PACER
23

NOTICE of Appearance by Daniel Paul Collins as Additional Counsel for Defendants Wells Fargo & Co. and Wells Fargo Bank, N.A. (Collins, Daniel) (Filed on 11/18/2015) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
24

Re-notice 22 Motion to Dismiss Hearing set for 2/11/2016 at 2:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Haywood S. Gilliam Jr.. (Williams, Bart) (Filed on 11/18/2015) Modified on 11/20/2015 (hdjS, COURT STAFF). (Entered: 11/18/2015)

Nov. 18, 2015 PACER

Electronic Filing Error

Nov. 23, 2015 PACER

Electronic filing error. Certificate of Interested Entities Required to be Filed Separately on the Docket. Please re-file. Re: 22 MOTION to Dismiss filed by Wells Fargo Bank, N.A., Wells Fargo & Co. (dtmS, COURT STAFF) (Filed on 11/23/2015)

Nov. 23, 2015 PACER
25

Certificate of Interested Entities by Wells Fargo & Co., Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 11/23/2015) (Entered: 11/23/2015)

Nov. 23, 2015 PACER
26

STIPULATION WITH PROPOSED ORDER To Amend Briefing Schedule filed by The City of Oakland. (Attachments: # 1 Proposed Order)(Peretz, Yosef) (Filed on 12/7/2015) Modified on 12/7/2015 (dtmS, COURT STAFF). (Entered: 12/07/2015)

1 Proposed Order

View on PACER

Dec. 7, 2015 PACER
27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation To Amend Briefing Schedule. (ndrS, COURT STAFF) (Filed on 12/7/2015) Modified on 12/8/2015 (ndrS, COURT STAFF). (Entered: 12/08/2015)

Dec. 7, 2015 RECAP

Set Motion and Deadlines/Hearings

Dec. 8, 2015 PACER

Reset Deadlines Pursuant to 27 as to 22 First MOTION to Dismiss Complaint: Responses due by 12/18/2015; Replies due by 1/13/2016. (ndrS, COURT STAFF) (Filed on 12/8/2015)

Dec. 8, 2015 PACER
28

RESPONSE (re 22 MOTION to Compel First MOTION to Dismiss Complaint ) filed byThe City of Oakland. (Attachments: # 1 Supplement Opposition to Request for Judicial Notice)(Peretz, Yosef) (Filed on 12/18/2015) (Entered: 12/18/2015)

1 Supplement Opposition to Request for Judicial Notice

View on PACER

Dec. 18, 2015 PACER
29

REPLY (re 22 MOTION to Compel First MOTION to Dismiss Complaint ) filed byWells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Reply to Opposition to Request for Judicial Notice)(Williams, Bart) (Filed on 1/13/2016) (Entered: 01/13/2016)

1 Reply to Opposition to Request for Judicial Notice

View on PACER

Jan. 13, 2016 PACER
30

ORDER VACATING HEARING AND DIRECTING PARTIES TO RESPOND. Signed by Judge Haywood S. Gilliam, Jr. on 2/10/2016. (ndrS, COURT STAFF) (Filed on 2/10/2016) (Entered: 02/10/2016)

Feb. 10, 2016 RECAP
31

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. Joint Report in Response to Court's February 10, 2016 Order (Williams, Bart) (Filed on 2/12/2016) (Entered: 02/12/2016)

Feb. 12, 2016 PACER
32

ORDER OF RECUSAL. Signed by Judge Haywood S. Gilliam, Jr. on 2/16/2016. (ndrS, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/16/2016)

Feb. 16, 2016 RECAP
33

ORDER, Case reassigned to Hon. Edward M. Chen. Hon. Haywood S Gilliam, Jr no longer assigned to the case.. Signed by Executive Committee on 2/17/16. (haS, COURT STAFF) (Filed on 2/17/2016) (Entered: 02/17/2016)

Feb. 17, 2016 RECAP
34

CLERK'S NOTICE resetting 22 MOTION to Dismiss Complaint for 4/7/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Fully briefed.. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to (bpf, COURT STAFF) (Filed on 2/18/2016) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
35

CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 5/12/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Joint CMC statement due 5/5/2016. Signed by Judge Edward M. Chen on 2/18/16. (bpf, COURT STAFF) (Filed on 2/18/2016) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
36

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d (2) filed byWells Fargo & Co., Wells Fargo Bank, N.A.. (Patashnik, Joshua) (Filed on 3/24/2016) (Entered: 03/24/2016)

March 24, 2016 PACER
37

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. of Association of Counsel (Williams, Bart) (Filed on 4/6/2016) (Entered: 04/06/2016)

April 6, 2016 PACER
38

Minute Entry for proceedings held before Edward M. Chen: Motion Hearing held on 4/7/2016 re 22 MOTION to Compel First MOTION to Dismiss Complaint filed by Wells Fargo Bank, N.A., Wells Fargo & Co. ; granting in part and denying in part 22 Motion to Dismiss. Case Management Statement due by 6/9/2016. Initial Case Management Conference reset for 6/16/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco.Total Time in Court 52 minutes. Court Reporter Name Lydia Zinn. (bpf, COURT STAFF) (Date Filed: 4/8/2016) (Entered: 04/08/2016)

April 8, 2016 PACER
39

TRANSCRIPT ORDER for proceedings held on 04/07/2016 before Edward M. Chen by Wells Fargo & Co., Wells Fargo Bank, N.A., for Court Reporter Lydia Zinn. (Sanchez, Terry) (Filed on 4/14/2016) (Entered: 04/14/2016)

April 14, 2016 PACER
40

STIPULATION WITH PROPOSED ORDER To Extend Defendants' Time To Answer Pursuant To Local Civ. Rule 6-2(a) filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Declaration of Terry Sanchez, # 2 Proposed Order)(Sanchez, Terry) (Filed on 4/15/2016) (Entered: 04/15/2016)

1 Declaration of Terry Sanchez

View on PACER

2 Proposed Order

View on PACER

April 15, 2016 PACER
41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER To Extend Defendants' Time To Answer Pursuant To Local Civ. Rule 6-2(a) filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Signed by Judge Edward M. Chen on 4/15/16. (bpf, COURT STAFF) (Filed on 4/15/2016) (Entered: 04/15/2016)

April 15, 2016 RECAP
42

Transcript of Proceedings held on 4/7/2016, before Judge Edward M. Chen. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 39 Transcript Order ) Redacted Transcript Deadline set for 5/31/2016. Release of Transcript Restriction set for 7/27/2016. (Related documents(s) 39 ) (Zinn, Lydia) (Filed on 4/28/2016) (Entered: 04/28/2016)

April 28, 2016 PACER
43

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10426176.) filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Hancock, Paul) (Filed on 5/5/2016) (Entered: 05/05/2016)

May 5, 2016 PACER
44

Defendants Wells Fargo ANSWER to Complaint byWells Fargo & Co., Wells Fargo Bank, N.A.. (Sanchez, Terry) (Filed on 5/5/2016) (Entered: 05/05/2016)

May 5, 2016 PACER
45

ORDER by Judge Edward M. Chen granting 43 Motion for Pro Hac Vice (Hancock). (bpfS, COURT STAFF) (Filed on 5/9/2016) (Entered: 05/09/2016)

May 9, 2016 PACER
46

CLERK'S NOTICE. Case Management Statement due by 6/16/2016. Initial Case Management Conference reset from 6/16/2016 to 6/23/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 5/11/2016) (Entered: 05/11/2016)

May 11, 2016 PACER
47

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 6/10/2016) (Entered: 06/10/2016)

June 10, 2016 PACER
48

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Defendants (Patashnik, Joshua) (Filed on 6/10/2016) (Entered: 06/10/2016)

June 10, 2016 PACER
49

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff (Peretz, Yosef) (Filed on 6/13/2016) (Entered: 06/13/2016)

June 13, 2016 PACER
50

Certificate of Interested Entities by Wells Fargo & Co., Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 6/16/2016) (Entered: 06/16/2016)

June 16, 2016 PACER
51

STIPULATION and Proposed Order selecting Private ADR by Wells Fargo & Co., Wells Fargo Bank, N.A. filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 6/16/2016) (Entered: 06/16/2016)

June 16, 2016 PACER
52

JOINT CASE MANAGEMENT STATEMENT filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 6/16/2016) (Entered: 06/16/2016)

June 16, 2016 PACER
53

*** FTR TRANSCRIPT ORDER *** TRANSCRIPT ORDER for proceedings held on 06/23/2016 before Edward M. Chen by Wells Fargo & Co., Wells Fargo Bank, N.A., FTR time: ? (Williams, Bart) (Filed on 6/23/2016) Modified on 6/23/2016 (rjdS, COURT STAFF). (Entered: 06/23/2016)

June 23, 2016 PACER
54

Minute Entry for proceedings held before Edward M. Chen: Initial Case Management Conference held on 6/23/2016. Case referred to Private ADR. Case Management Statement due by 8/25/2016. Further Case Management Conference set for 9/1/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.FTR Time 10:12-10:29. (bpfS, COURT STAFF) (Date Filed: 6/24/2016) (Entered: 06/24/2016)

June 24, 2016 PACER
55

STIPULATION AND ORDER re 51 STIPULATION and Proposed Order selecting Private ADR by Wells Fargo & Co., Wells Fargo Bank, N.A. filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Signed by Judge Edward M. Chen on 6/24/16. (bpfS, COURT STAFF) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016 RECAP
56

Transcript of FTR Proceedings, 10:12 a.m. to 10:29 a.m. held on 06/23/16, before Judge Chen. Transcriber Pamela A. Batalo, telephone number 626-688-7509;pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 53 Transcript Order, ) Redaction Request due 7/15/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016. (Related documents(s) 53 ) (Batalo, Pam) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016 PACER
57

TRANSCRIPT ORDER for proceedings held on 6/23/2016 before Edward M. Chen by The City of Oakland, for Court Reporter Pam Batalo. (Peretz, Yosef) (Filed on 7/1/2016) (Entered: 07/01/2016)

July 1, 2016 PACER
58

MOTION to Stay Proceedings filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. Motion Hearing set for 9/1/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 7/22/2016. Replies due by 7/29/2016. (Williams, Bart) (Filed on 7/8/2016) (Entered: 07/08/2016)

July 8, 2016 PACER
59

Request for Judicial Notice re 58 MOTION to Stay Proceedings filed byWells Fargo & Co., Wells Fargo Bank, N.A.. (Related document(s) 58 ) (Williams, Bart) (Filed on 7/8/2016) (Entered: 07/08/2016)

July 8, 2016 PACER
60

Proposed Order re 58 MOTION to Stay Proceedings by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 7/8/2016) (Entered: 07/08/2016)

July 8, 2016 PACER
61

Declaration in Support of 58 MOTION to Stay Proceedings filed byWells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A - H)(Related document(s) 58 ) (Casazza, Kyle) (Filed on 7/8/2016) (Entered: 07/08/2016)

1 Exhibit A - H

View on PACER

July 8, 2016 PACER
62

STIPULATION WITH PROPOSED ORDER [Stipulation and [Proposed] Protective Order Regarding Confidential Information] filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 7/15/2016) (Entered: 07/15/2016)

July 15, 2016 PACER
63

STIPULATION AND ORDER re 62 Protective Order Regarding Confidential Information] filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Signed by Judge Edward M. Chen on 7/20/16. (bpfS, COURT STAFF) (Filed on 7/20/2016) (Entered: 07/20/2016)

July 20, 2016 RECAP
64

RESPONSE (re 22 MOTION to Dismiss) filed by The City of Oakland. (Attachments: # 1 Supplement, # 2 Declaration)(Peretz, Yosef) (Filed on 7/22/2016) Modified on 7/25/2016 (slhS, COURT STAFF). (Entered: 07/22/2016)

1 Supplement

View on PACER

2 Declaration

View on PACER

July 22, 2016 PACER
65

Joint Discovery Letter Brief filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit Nos. 1-5)(Williams, Bart) (Filed on 7/22/2016) (Entered: 07/22/2016)

1 Exhibit Nos. 1-5

View on PACER

July 22, 2016 PACER
66

ORDER denying Wells Fargo's ex parte request to stay discovery. Re 65 Joint Discovery Letter Brief filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Signed by Judge Edward M. Chen on 7/27/16. (bpfS, COURT STAFF) (Filed on 7/27/2016) (Entered: 07/27/2016)

July 27, 2016 RECAP
67

NOTICE of Change of Address by Yosef Peretz on behalf of Robert S. Peck (Peretz, Yosef) (Filed on 7/29/2016) (Entered: 07/29/2016)

July 29, 2016 PACER
68

CLERK'S NOTICE. Initial Case Management Conference reset for 9/1/2016 from 9:30 AM to 1:30 PM in Courtroom 5, 17th Floor, San Francisco. Joint CMC statement due 8/25/2016 (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 7/29/2016) (Entered: 07/29/2016)

July 29, 2016 PACER
69

REPLY (re 58 MOTION to Stay Proceedings ) filed byWells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 7/29/2016) (Entered: 07/29/2016)

July 29, 2016 PACER
70

CASE MANAGEMENT STATEMENT filed by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Bart) (Filed on 8/25/2016) (Entered: 08/25/2016)

2 Exhibit B

View on PACER

Aug. 25, 2016 PACER
71

Minute Entry for proceedings held before Edward M. Chen: Motion Hearing held on 9/1/2016 re 58 MOTION to Stay Proceedings filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Granted. Case Management Statement due by 2/16/2017. Further Case Management Conference set for 2/23/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco.Total Time in Court 1 hour 10 minutes. Court Reporter Name Lydia Zinn. (bpf, COURT STAFF) (Date Filed: 9/2/2016) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
72

ORDER by Judge Edward M. Chen Granting 58 Defendant's Motion to Stay. (emcsec, COURT STAFF) (Filed on 9/2/2016) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
73

TRANSCRIPT ORDER for proceedings held on 09/02/2016 before Edward M. Chen by Wells Fargo & Co., Wells Fargo Bank, N.A., for Court Reporter Lydia Zinn. (Williams, Bart) (Filed on 9/6/2016) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
74

Transcript of Proceedings held on 9/1/2016, before Judge Edward M. Chen. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 73 Transcript Order ) Redacted Transcript Deadline set for 10/7/2016. Release of Transcript Restriction set for 12/5/2016. (Related documents(s) 73 ) (Zinn, Lydia) (Filed on 9/6/2016) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
75

TRANSCRIPT ORDER for proceedings held on 9/1/2016 before Edward M. Chen by The City of Oakland, for Court Reporter Lydia Zinn. (Peretz, Yosef) (Filed on 9/12/2016) (Entered: 09/12/2016)

Sept. 12, 2016 PACER
76

First Administrative Motion to File Under Seal filed by The City of Oakland. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proposed Order, # 4 Exhibit)(Peretz, Yosef) (Filed on 9/30/2016) (Entered: 09/30/2016)

1 Declaration

View on PACER

3 Proposed Order

View on PACER

Sept. 30, 2016 PACER
77

Statement re 72 Order on Motion to Stay Re Joint Statement Regarding Meet and Confer Efforts by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 10/3/2016) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
78

ORDER by Judge Edward M. Chen granting 76 Administrative Motion to File Exhibit A of Docket 70 Under Seal. (bpfS, COURT STAFF) (Filed on 10/3/2016) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
79

ORDER re 77 Statement re: meet and confer efforts re: discovery filed by Wells Fargo Bank, N.A., Wells Fargo & Co. Signed by Judge Edward M. Chen on 10/4/16. (bpfS, COURT STAFF) (Filed on 10/4/2016) (Entered: 10/04/2016)

Oct. 4, 2016 PACER
80

Statement re 79 Order re: meet and confer efforts / SECOND JOINT STATEMENT RE CONTINUING MEET AND CONFER EFFORTS by Wells Fargo & Co., Wells Fargo Bank, N.A.. (Williams, Bart) (Filed on 11/2/2016) (Entered: 11/02/2016)

Nov. 2, 2016 PACER
81

CASE MANAGEMENT STATEMENT filed by The City of Oakland. (Peretz, Yosef) (Filed on 2/16/2017) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
82

TRANSCRIPT ORDER for proceedings held on 02/23/2017 before Edward M. Chen by Wells Fargo & Co., Wells Fargo Bank, N.A., for Court Reporter FTR - San Francisco. (Casazza, Kyle) (Filed on 2/23/2017) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
83

Minute Entry for proceedings held before Edward M. Chen: Further Case Management Conference held on 2/23/2017. Case Management Statement due by 6/1/2017. Further Case Management Conference set for 6/8/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco.FTR Time 10:57-11:47. (bpfS, COURT STAFF) (Date Filed: 2/24/2017) Modified on 2/24/2017. Proceedings transcribed by Joan Columbini. (afmS, COURT STAFF). (Entered: 02/24/2017)

Feb. 24, 2017 PACER
84

TRANSCRIPT ORDER for proceedings held on 2/21/2017 before Edward M. Chen by The City of Oakland, for Court Reporter FTR - Oakland. (Peretz, Yosef) (Filed on 2/27/2017) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
85

Transcript of Proceedings held on February 23, 2017, before Judge Edward M. Chen. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 84 Transcript Order, 82 Transcript Order ) Redaction Request due 3/28/2017. Redacted Transcript Deadline set for 4/7/2017. Release of Transcript Restriction set for 6/5/2017. (Related documents(s) 84, 82 ) (Columbini, Joan) (Filed on 3/7/2017) (Entered: 03/07/2017)

March 7, 2017 PACER
86

Letter dated 3/9/17 from Yosef Peretz. (Peretz, Yosef) (Filed on 3/9/2017) Modified on 3/10/2017 (slhS, COURT STAFF). (Entered: 03/09/2017)

March 9, 2017 PACER
87

NOTICE by The City of Oakland of Decision of Supreme Court of the United States (Peretz, Yosef) (Filed on 5/1/2017) (Entered: 05/01/2017)

May 1, 2017 PACER
88

CLERK'S NOTICE. Further Case Management Conference advanced from 6/8/2017 to 5/11/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 5/5/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bpfS, COURT STAFF) (Filed on 5/3/2017) (Entered: 05/03/2017)

May 3, 2017 PACER
89

STIPULATION WITH PROPOSED ORDER Regarding Case Management Conference filed by The City of Oakland. (Attachments: # 1 Proposed Order)(Peretz, Yosef) (Filed on 5/5/2017) (Entered: 05/05/2017)

1 Proposed Order

View on PACER

May 5, 2017 PACER
90

STIPULATION AND ORDER re 89 Regarding Case Management Conference filed by The City of Oakland Case Management Statement due by 5/18/2017. Further Case Management Conference set for 5/25/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 5/5/17. (bpfS, COURT STAFF) (Filed on 5/5/2017) (Entered: 05/05/2017)

May 5, 2017 RECAP
91

JOINT CASE MANAGEMENT STATEMENT filed by The City of Oakland. (Peretz, Yosef) (Filed on 5/18/2017) (Entered: 05/18/2017)

May 18, 2017 PACER
92

JOINT CASE MANAGEMENT STATEMENT Amended, with Exhibits Attached filed by The City of Oakland. (Peretz, Yosef) (Filed on 5/18/2017) (Entered: 05/18/2017)

May 18, 2017 PACER
93

Minute Entry for proceedings held before Edward M. Chen: Further Case Management Conference held on 5/25/2017. Case Management Statement due by 9/28/2017. Further Case Management Conference set for 10/5/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco.FTR Time 10:38-10:45. (bpfS, COURT STAFF) (Date Filed: 5/25/2017) Modified on 5/26/2017: Matter transcribed by Leo Mankiewicz. (rjdS, COURT STAFF). (Entered: 05/25/2017)

May 25, 2017 PACER
94

TRANSCRIPT ORDER for proceedings held on 5/25/17 before Edward M. Chen by Wells Fargo & Co., Wells Fargo Bank, N.A., for Court Reporter FTR - San Francisco. (Williams, Bart) (Filed on 5/26/2017) (Entered: 05/26/2017)

May 26, 2017 PACER

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Sept. 21, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

City of Oakland, CA

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wells Fargo & Company, Private Entity/Person

Wells Fargo Bank N.A., Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Pattern or Practice

Predatory lending

Discrimination-area:

Housing Sales/Rental

Lending

Discrimination-basis:

Race discrimination

Race:

Race, unspecified