Case: Braxton v. Wells Fargo Bank

3:22-cv-01748 | U.S. District Court for the Northern District of California

Filed Date: March 18, 2022

Closed Date: Jan. 18, 2023

Clearinghouse coding complete

Case Summary

This is a case about whether Wells Fargo illegally discriminated against Black applicants for home mortgage loan refinancing. On March 11, 2022, Bloomberg reported that Wells Fargo Bank had accepted 47 percent of all Black borrowers’ refinancing applications in 2020, while other lenders had approved a combined 71 percent of their Black customers’ applications. In contrast, 72 percent of Wells Fargo’s white customers had their applications approved. The analysis further indicated that, for Wells…

This is a case about whether Wells Fargo illegally discriminated against Black applicants for home mortgage loan refinancing. On March 11, 2022, Bloomberg reported that Wells Fargo Bank had accepted 47 percent of all Black borrowers’ refinancing applications in 2020, while other lenders had approved a combined 71 percent of their Black customers’ applications. In contrast, 72 percent of Wells Fargo’s white customers had their applications approved. The analysis further indicated that, for Wells Fargo, “the highest-income Black [refinancing] applicants [had] an approval rate about the same as White borrowers in the lowest-income bracket.”

One week later, on March 18, 2022, a Black homeowner from Los Angeles, California brought a class action lawsuit against Wells Fargo in the U.S. District Court for the Northern District of California. The case was assigned to Magistrate Judge Kandis A. Westmore. Citing the recent Bloomberg report, the complaint further alleged that Wells Fargo engaged in discriminatory refinancing practices in the following three ways. First, the bank perpetuated “redlining” of areas with a disproportionately high number of Black residents by imposing obstacles to obtaining refinancing. For example, the bank “systematically and intentionally place[d] its loan officers in areas with disproportionately low numbers of Black residents” to minimize the number of Black mortgage applications. Second, by using automated algorithms that drew on historical data to make underwriting decisions, Wells Fargo made lending decisions that exacerbated existing racial and wealth disparities. And third, by enacting the strictest lending policies of any other major lender, Wells Fargo had the largest disparity between the approval rates of Black refinancing applicants to white refinancing applicants.

The plaintiff defined the prospective Class as all Black individuals in the U.S. who had submitted an application to refinance their home mortgage through Wells Fargo and had their application (1) processed at a slower rate than the average processing time for non-Black applicants, (2) denied, or (3) approved, but the resulting refinance loans had higher interest rates when compared to similarly situated non-Black applicants. The plaintiff brought claims under the Equal Credit Opportunity Act (15 U.S.C. § 16901, et seq.), the Fair Housing Act of 1968 (42 U.S.C. § 3601, et seq.), Section 1 of Civil Rights Act of 1866 (42 U.S.C. § 1981), and California civil rights and consumer protection laws. Represented by private counsel, the plaintiff, on behalf of the proposed Class, sought injunctive relief to stop the alleged discriminatory practices, restitutionary relief, compensatory damages, punitive damages, and payment of attorneys’ fees. 

On April 12, 2022, the plaintiff filed an amended complaint that further detailed the factual allegations against the bank and added three additional named plaintiffs to the lawsuit. On April 18, 2022, Wells Fargo declined to proceed before a Magistrate Judge; the case was subsequently reassigned to District Judge Jacqueline Scott Corley. On June 9, 2022, the case was related to another class action case against Wells Fargo under District Judge James Donato and reassigned to him. The related case, Williams v. Wells Fargo Bank, involved a proposed class of Black applicants who applied for, received, or maintained credit through Wells Fargo for residential real estate. The Williams case was filed on February 17, 2022.

On June 27, 2022, Wells Fargo moved to dismiss the case or, alternatively, stay proceedings pending the resolution of Williams. Wells Fargo argued that the plaintiffs’ allegations were wholly encompassed by Williams, which was filed first. On July 19, 2022, Judge Donato denied the motion. He found that while the cases were sufficiently similar for purposes of relation under the District’s local rules, they were not so similar that this case was subsumed by Williams, since refinancing claims were not necessarily raised under Williams.

On August 5, 2022, Wells Fargo filed a motion to consolidate Williams with Braxton and four other related cases (Pope v. Wells Fargo, Thomas v. Wells Fargo, Ebo v. Wells Fargo, and Perkins v. Wells Fargo). The core of Wells Fargo’s argument was that all six cases were predicated on the same basic common questions of law and fact: namely, whether Wells Fargo intentionally and purposefully discriminated against each set of plaintiffs because of race in violation of state and federal law when they applied for home mortgage loans and loan modifications. Judge Donato held a hearing on the motion on October 20, 2022. At the hearing, he ordered the parties to meet and confer to discuss how to consolidate these cases and to file a joint proposal for consolidation. 

On January 18, 2023, Judge Donato issued an order consolidating the six cases as a single action with one amended complaint. In his order, Judge Donato noted that “[a]ll of the complaints allege the same theory, namely that Wells Fargo discriminated against non-white customers with respect to residential mortgages and refinances.”

This case is administratively closed. The consolidated case is captioned as “In re Wells Fargo Mortgage Discrimination Litigation.”

Summary Authors

Muiz Wani (2/22/2024)

Muiz Wani (3/5/2024)

Related Cases

In re Wells Fargo Mortgage Discrimination Litigation, Northern District of California (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63172661/parties/braxton-v-wells-fargo-bank-na-a-delaware-corporation/


Attorney for Plaintiff

Ellis, Dennis S. (California)

Frank, Jason M. (California)

Attorney for Defendant

Baiardo, Alicia Anne (California)

Brinson, Kobi Kennedy (California)

Expert/Monitor/Master/Other

Friedman, Linda D (California)

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63172661/braxton-v-wells-fargo-bank-na-a-delaware-corporation/

Last updated May 2, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc. ( Filing fee $ 402, receipt number ACANDC-17008226.). Filed byAaron Braxton. (Ellis, Dennis) (Filed on 3/18/2022) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

Clearinghouse
2

Civil Cover Sheet by Aaron Braxton . (Ellis, Dennis) (Filed on 3/18/2022) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
3

Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/1/2022. (jlg, COURT STAFF) (Filed on 3/18/2022) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
4

Proposed Summons. (Ellis, Dennis) (Filed on 3/18/2022) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

~Util - Case Assigned by Intake

March 18, 2022

March 18, 2022

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/14/2022. Initial Case Management Conference set for 6/21/2022 01:30 PM in Oakland, - To be determined. (hdj, COURT STAFF) (Filed on 3/21/2022) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
6

Summons Issued as to Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc. (hdj, COURT STAFF) (Filed on 3/21/2022) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aaron Braxton.. (Helpern, Noah) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
8

SUMMONS Returned Executed by Aaron Braxton. Wells Fargo Bank, N.A. a Delaware corporation served on 3/24/2022, answer due 4/14/2022. (Helpern, Noah) (Filed on 3/31/2022) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
9

SUMMONS Returned Executed by Aaron Braxton. Wells Fargo Home Mortgage Inc. served on 3/24/2022, answer due 4/14/2022. (Helpern, Noah) (Filed on 3/31/2022) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
10

NOTICE of Appearance by Amanda L. Groves, Rachel A. McCauley, Kobi K. Brinson (PHV), and Stacie C. Knight (PHV) for Defendants Wells Fargo Bank, N.A. and Wells Fargo Home Mortgage, Inc. (Groves, Amanda) (Filed on 4/11/2022) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
11

Certificate of Interested Entities by Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Groves, Amanda) (Filed on 4/11/2022) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
12

STIPULATION re 1 Complaint Extension of Time to Respond to Complaint (Civ. L.R. 6-1(a) filed by Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Groves, Amanda) (Filed on 4/11/2022) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
13

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/18/2022. (wft, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
14

AMENDED COMPLAINT /First Amended Class Action Complaint against Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc., Wells Fargo & Co.. Filed byAaron Braxton, Gia Gray, Bryan Brown, Paul Martin. (Ellis, Dennis) (Filed on 4/12/2022) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

Clearinghouse
15

Proposed Summons. (Ellis, Dennis) (Filed on 4/12/2022) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
16

Summons Issued as to Wells Fargo & Co. (hdj, COURT STAFF) (Filed on 4/13/2022) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
17

Certificate of Interested Entities by Wells Fargo & Co. identifying Corporate Parent Wells Fargo & Company for Wells Fargo & Co.. and Corporate Disclosure Statement (Groves, Amanda) (Filed on 4/18/2022) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
18

STIPULATION re 14 Amended Complaint, for Extension of Time to Respond filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Groves, Amanda) (Filed on 4/18/2022) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
19

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc... (Groves, Amanda) (Filed on 4/18/2022) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
20

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. (wft, COURT STAFF) (Filed on 4/18/2022) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
21

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 4/19/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 4/19/2022) (Entered: 04/19/2022)

1 Notice of Eligibility for Video Recording

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April 19, 2022

April 19, 2022

RECAP
22

CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 6/23/2022 at 1:30 p.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 6/22/2022.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (ahm, COURT STAFF) (Filed on 4/19/2022) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

Clerk's Notice of Impending Reassignment - Text Only

April 19, 2022

April 19, 2022

PACER

Clerk's Notice of Impending Reassignment - Text Only

April 19, 2022

April 19, 2022

PACER
23

SUMMONS Returned Executed by Gia Gray, Aaron Braxton, Paul Martin, Bryan Brown. Wells Fargo & Co. served on 4/14/2022, answer due 5/5/2022. [Per Stipulation, Docket #18, deadline to Respond to FAC is 06/13/2022] (Helpern, Noah) (Filed on 4/21/2022) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
24

NOTICE of Appearance by Alicia Anne Baiardo Notice of Appearance of Alicia A. Baiardo for Defendants Wells Fargo Bank, N.A. and Wells Fargo & Co. (Baiardo, Alicia) (Filed on 5/27/2022) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
25

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation Notice of Lodging of Defendants Administrative Motion to Consider Whether Cases Should Be Related (Attachments: # 1 Exhibit Exhibit A - Administrative Motion to Consider Whether Cases Should Be Related)(Baiardo, Alicia) (Filed on 5/27/2022) (Entered: 05/27/2022)

1 Exhibit Exhibit A - Administrative Motion to Consider Whether Cases Should Be Re

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May 27, 2022

May 27, 2022

PACER
26

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17219072.) filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Knight, Stacie) (Filed on 5/27/2022) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
27

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17219117.) filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Brinson, Kobi) (Filed on 5/27/2022) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
28

ORDER by Judge Jacqueline Scott Corley granting 26 Motion for Pro Hac Vice as to Stacie Knight. (ahm, COURT STAFF) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
29

ORDER by Judge Jacqueline Scott Corley granting 27 Motion for Pro Hac Vice as to Kobi Brinson. (ahm, COURT STAFF) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
30

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17221922.) filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Gardner, Jasmine) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
31

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17222100.) filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Lias-Booker, Ava) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
32

ORDER by Judge Jacqueline Scott Corley granting 30 Motion for Pro Hac Vice as to Jasmine Gardner. (ahm, COURT STAFF) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
33

ORDER by Judge Jacqueline Scott Corley granting 31 Motion for Pro Hac Vice as to Ava Lias-Booker. (ahm, COURT STAFF) (Filed on 5/31/2022) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
34

NOTICE by Christopher Williams re 25 Notice (Other), Notice of Lodging of Response to Administrative Motion to Consider Whether Cases Should Be Related (Attachments: # 1 Exhibit A - Response to Administrative Motion to Consider Whether Cases Should Be Related)(Sani, Sam) (Filed on 5/31/2022) (Entered: 05/31/2022)

1 Exhibit A - Response to Administrative Motion to Consider Whether Cases Should B

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May 31, 2022

May 31, 2022

PACER
35

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 25 Notice (Other), Notice of Lodging of Braxton's Response to Motion to Relate Cases (re Williams v. WF) (Attachments: # 1 Exhibit EXHIBIT A to Notice of Lodging of Braxton's Response to Motion to Relate Cases (Williams v. WF))(Ellis, Dennis) (Filed on 5/31/2022) (Entered: 05/31/2022)

1 Exhibit EXHIBIT A to Notice of Lodging of Braxton's Response to Motion to R

View on RECAP

May 31, 2022

May 31, 2022

PACER
36

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation of Lodging Response to Plaintiff Ifeoma Ebo's Admin Motion to Consider Whether Cases Should Be Related (Attachments: # 1 Exhibit A)(Groves, Amanda) (Filed on 6/6/2022) (Entered: 06/06/2022)

1 Exhibit A

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June 6, 2022

June 6, 2022

RECAP
37

ORDER RELATING CASE. Signed by Judge James Donato on 6/9/2022. (lrc, COURT STAFF) (Filed on 6/9/2022) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

Clearinghouse
38

Case Reassigned to Judge James Donato. Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (jlg, COURT STAFF) (Filed on 6/10/2022) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
39

MOTION to Dismiss or, in the Alternative, Stay Proceedings; Memorandum of Points and Authorities filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. Motion Hearing set for 7/21/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/27/2022. Replies due by 7/5/2022. (Attachments: # 1 Declaration of Amanda Groves, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Groves, Amanda) (Filed on 6/13/2022) (Entered: 06/13/2022)

1 Declaration of Amanda Groves

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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 Exhibit D

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6 Proposed Order

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June 13, 2022

June 13, 2022

RECAP
40

Answer to Amended Complaint 14 Amended Complaint, byWells Fargo Bank, N.A. a Delaware corporation. (Groves, Amanda) (Filed on 6/13/2022) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

RECAP
41

Answer to Amended Complaint 14 Amended Complaint, byWells Fargo & Co.. (Groves, Amanda) (Filed on 6/13/2022) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

RECAP
42

OPPOSITION/RESPONSE (re 39 MOTION to Dismiss or, in the Alternative, Stay Proceedings; Memorandum of Points and Authorities ) Opposition to Wells Fargo Defendants' Motion to Dismiss filed byAaron Braxton, Bryan Brown, Gia Gray, Paul Martin. (Attachments: # 1 Declaration (1) Declaration of Dennis S. Ellis iso Opposition to Motion to Dismiss, # 2 Exhibit (2) EXHIBIT A, # 3 Exhibit (3) EXHIBIT B, # 4 Exhibit (4) EXHIBIT C, # 5 Exhibit (5) EXHIBIT D, # 6 Exhibit (6) EXHIBIT E, # 7 Exhibit (7) EXHIBIT F, # 8 (8) EXHIBIT G, # 9 (9) EXHIBIT H)(Ellis, Dennis) (Filed on 6/27/2022) (Entered: 06/27/2022)

1 Declaration (1) Declaration of Dennis S. Ellis iso Opposition to Motion to Dismi

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2 Exhibit (2) EXHIBIT A

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3 Exhibit (3) EXHIBIT B

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4 Exhibit (4) EXHIBIT C

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5 Exhibit (5) EXHIBIT D

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6 Exhibit (6) EXHIBIT E

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7 Exhibit (7) EXHIBIT F

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8 (8) EXHIBIT G

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9 (9) EXHIBIT H

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June 27, 2022

June 27, 2022

RECAP
43

REPLY (re 39 MOTION to Dismiss or, in the Alternative, Stay Proceedings; Memorandum of Points and Authorities ) filed byWells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc.. (Attachments: # 1 Declaration of Amanda L. Groves)(Groves, Amanda) (Filed on 7/5/2022) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
44

ORDER. Wells Fargo's motion to dismiss, Dkt. No. 39, is denied. The Williams action involves a proposed class of African American applicants who applied for, received, or maintained credit from Wells Fargo related to residential real estate, while the Braxton action involves a proposed class of African American homeowners who submitted applications to refinance their home mortgages. The cases are sufficiently similar for purposes of relation under the Districts local rules, but not so similar that Braxton is subsumed in Williams. See Cedars-Sinai Med. Ctr. v. Shalala, 125 F.3d 765, 769 (9th Cir. 1997); Bank of Montreal v. Slayer, 599 F. Appx 706, 707 (9th Cir. 2015) (unpublished). Signed by Judge James Donato on 7/19/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 7/19/2022) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

~Util - Terminate Motions AND Order

July 19, 2022

July 19, 2022

PACER
45

MOTION to Appoint Counsel Interim Lead Counsel filed by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin. (Attachments: # 1 Declaration Dennis S. Ellis, # 2 Declaration Jason Frank, # 3 Proposed Order)(Ellis, Dennis) (Filed on 7/28/2022) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
46

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc. of Lodging of Administrative Motion to Consider Whether Cases Should Be Related (Attachments: # 1 Exhibit A)(Groves, Amanda) (Filed on 7/28/2022) (Entered: 07/28/2022)

1 Exhibit A

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July 28, 2022

July 28, 2022

RECAP
47

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation, Wells Fargo Home Mortgage Inc. of Lodging of Motion to Consolidate (Attachments: # 1 Exhibit A)(Groves, Amanda) (Filed on 8/5/2022) (Entered: 08/05/2022)

1 Exhibit A

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Aug. 5, 2022

Aug. 5, 2022

PACER
48

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule and Hearing on Plaintiffs' Motion to Appoint Interim Counsel for a Putative Refinancing Class filed by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation. (Attachments: # 1 Declaration of Amanda L. Groves, # 2 Proposed Order)(Baiardo, Alicia) (Filed on 8/8/2022) (Entered: 08/08/2022)

1 Declaration of Amanda L. Groves

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2 Proposed Order

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Aug. 8, 2022

Aug. 8, 2022

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49

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation of Lodging of Stipulation Regarding Briefing Schedule and Hearing on Defendants Motion To Consolidate the Related Cases (Attachments: # 1 Exhibit A)(Baiardo, Alicia) (Filed on 8/8/2022) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
50

ORDER GRANTING STIPULATION REGARDING BRIEFING SCHEDULE AND HEARING ON PLAINTIFFS' MOTION TO APPOINT INTERIM COUNSEL. Signed by Judge James Donato on 8/10/2022. (jdlc3, COURT STAFF) (Filed on 8/10/2022) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER
51

NOTICE by Wells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation of Lodging of Order Granting Stipulation re Briefing Schedule and Defendants Motion To Consolidate Related Cases (Attachments: # 1 Exhibit A)(Baiardo, Alicia) (Filed on 8/10/2022) (Entered: 08/10/2022)

1 Exhibit A

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Aug. 10, 2022

Aug. 10, 2022

RECAP

Set/Reset Deadlines as to 45 MOTION to Appoint Counsel Interim Lead Counsel. Responses due by 8/26/2022. Replies due by 9/16/2022. (lrc, COURT STAFF) (Filed on 8/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER

Set Motion and Deadlines/Hearings No NEF

Aug. 11, 2022

Aug. 11, 2022

PACER
52

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 47 Notice (Other) Notice of Lodging Aaron Braxton et al. Opposition to Wells Fargo, et al. Motion to Consolidate (re Williams v. WF) (Ellis, Dennis) (Filed on 8/26/2022) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
53

OPPOSITION/RESPONSE (re 45 MOTION to Appoint Counsel Interim Lead Counsel ) filed byWells Fargo & Co., Wells Fargo Bank, N.A. a Delaware corporation. (Attachments: # 1 Declaration of Peter Strawser)(Groves, Amanda) (Filed on 8/26/2022) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
54

OPPOSITION/RESPONSE (re 45 MOTION to Appoint Counsel Interim Lead Counsel ) filed byChristopher Williams. (Friedman, Linda) (Filed on 8/26/2022) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
55

MOTION for Leave to File INSTANTER RESPONSE TO BRAXTON COUNSELS MOTION FOR APPOINTMENT AS INTERIM LEAD COUNSEL filed by Christopher Williams. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Friedman, Linda) (Filed on 9/1/2022) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
56

NOTICE by Christopher Williams NOTICE OF LODGING OF PLAINTIFFS CHRISTOPHER WILLIAMS ET AL.S MOTION FOR APPOINTMENT OF INTERIM COUNSEL (Attachments: # 1 Exhibit A)(Friedman, Linda) (Filed on 9/1/2022) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
57

MOTION to Amend/Correct INSTANTER RESPONSE TO BRAXTON COUNSELS MOTION FOR APPOINTMENT AS INTERIM LEAD COUNSEL filed by Christopher Williams. Motion Hearing set for 10/20/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/16/2022. Replies due by 9/23/2022. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Friedman, Linda) (Filed on 9/2/2022) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
58

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin Notice of Lodging of Braxton Plaintiffs Opposition Motion to Consolidate & Appoint Interim Lead Counsel (re Ebo v. Wells Fargo) (Ellis, Dennis) (Filed on 9/2/2022) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
59

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 58 Notice (Other) Notice of Lodging of Braxton Plaintiffs Request for Judicial Notice iso Motion to Consolidate & Appoint Interim Lead Counsel (re Ebo v. Wells Fargo) (Ellis, Dennis) (Filed on 9/2/2022) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
60

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin Notice of Lodging of Braxton Plaintiffs Opposition Motion to Consolidate & Appoint Interim Lead Counsel (re Pope v. Wells Fargo) (Ellis, Dennis) (Filed on 9/2/2022) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
61

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin Notice of Lodging of Braxton Plaintiffs Opposition Motion to Consolidate & Appoint Interim Lead Counsel (re Thomas v. Wells Fargo) (Ellis, Dennis) (Filed on 9/2/2022) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
62

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin - Notice of Lodging of Braxton Plaintiffs Request for Judicial Notice iso Motion to Consolidate & Appoint Interim Lead Counsel (re Pope v. Wells Fargo) (Ellis, Dennis) (Filed on 9/3/2022) (Entered: 09/03/2022)

Sept. 3, 2022

Sept. 3, 2022

PACER
63

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 61 Notice (Other) Notice of Lodging of Braxton Plaintiffs Request for Judicial Notice iso Motion to Consolidate & Appoint Interim Lead Counsel (re Thomas v. Wells Fargo) (Ellis, Dennis) (Filed on 9/3/2022) (Entered: 09/03/2022)

Sept. 3, 2022

Sept. 3, 2022

PACER
64

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 61 Notice (Other) NOTICE OF LODGING OF THE BRAXTON PLAINTIFFS OPPOSITION TO THE MOTION TO CONSOLIDATE AND APPOINT INTERIM LEAD COUNSEL FILED BY MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC (re THOMAS v. WELLS FARGO BANK) (Ellis, Dennis) (Filed on 9/6/2022) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
65

NOTICE by Aaron Braxton, Bryan Brown, Gia Gray, Paul Martin re 64 Notice (Other), NOTICE OF LODGING OF THE BRAXTON PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO THE MOTION TO CONSOLIDATE AND APPOINT INTERIM LEAD COUNSEL FILED BY MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC (re THOMAS v. WELLS FARGO BANK) (Ellis, Dennis) (Filed on 9/6/2022) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
66

NOTICE by Aaron Braxton Notice of Lodging Braxton Opposition to Perkins Motion for Appointment of Lead Counsel (re Perkins v. Wells Fargo) (Ellis, Dennis) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
67

NOTICE by Aaron Braxton re 66 Notice (Other) Notice of Lodging Braxton Request for Judicial Notice iso Opposition to Perkins Motion for Appointment of Lead Counsel (re Perkins v. Wells Fargo) (Ellis, Dennis) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

RECAP
68

NOTICE by Aaron Braxton Notice of Lodging Braxton Opposition to Perkins Motion for Appointment of Lead Counsel (Ellis, Dennis) (Filed on 9/12/2022) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
69

NOTICE by Aaron Braxton re 68 Notice (Other) Notice of Lodging Braxton Request for Judicial Notice iso Opposition to Perkins Motion for Appointment of Lead Counsel (Ellis, Dennis) (Filed on 9/12/2022) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
70

ORDER. The parties are advised that the filing of "notices of lodging" for documents is not a federal practice, and should be discontinued immediately. Signed by Judge James Donato on 9/13/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 9/13/2022) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER

Order

Sept. 13, 2022

Sept. 13, 2022

PACER
71

ORDER GRANTING 57 MOTION FOR LEAVE TO FILE INSTANTER RESPONSE TO BRAXTON COUNSEL'S MOTION FOR APPOINTMENT AS INTERIM LEAD COUNSEL. Signed by Judge James Donato on 9/16/2022. (jdlc3, COURT STAFF) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
72

OPPOSITION/RESPONSE (re 45 MOTION to Appoint Counsel Interim Lead Counsel ) Plaintiffs' Christopher Williams et al.'s Memorandum in Opposition to Braxton Counsel's Motion for Appointment as Interim Lead Counsel filed byChristopher Williams. (Attachments: # 1 Declaration of Linda Friedman, # 2 Declaration of Benjamin Crump, # 3 Exhibit C, # 4 Exhibit D)(Friedman, Linda) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
73

REPLY (re 45 MOTION to Appoint Counsel Interim Lead Counsel ) filed byAaron Braxton. (Ellis, Dennis) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
74

Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 10/20/2022. (jdlc3, COURT STAFF) (Date Filed: 10/21/2022) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

RECAP
75

ORDER RE CONSOLIDATION AND INTERIM LEAD COUNSEL. Signed by Judge James Donato on 1/18/2023. (jdlc3, COURT STAFF) (Filed on 1/18/2023) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

RECAP
75

ORDER RE CONSOLIDATION AND INTERIM LEAD COUNSEL. Signed by Judge James Donato on 1/18/2023. (jdlc3, COURT STAFF) (Filed on 1/18/2023) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

RECAP

Case Details

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: March 18, 2022

Closing Date: Jan. 18, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of Black homeowners who had submitted an application to refinance their home mortgage through Wells Fargo and had their application (1) processed at a slower rate than the average processing time for non-Black applicants, (2) denied, or (3) approved, but the resulting refinance loans had higher interest rates when compared to similarly situated non-Black applicants.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Wells Fargo Bank (San Francisco), 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.

State law

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Housing

Pattern or Practice

Discrimination Area:

Disparate Impact

Disparate Treatment

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

Black