Case: Rogelio Esqueda v. Kinecta Federal Credit Union

2:24-cv-03697 | U.S. District Court for the Central District of California

Filed Date: May 3, 2024

Case Ongoing

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Case Summary

This is a case alleging loan discrimination against DACA recipients. The plaintiff, represented by the Mexican American Legal Defense and Education Fund, filed a putative class action against Kinecta Federal Credit Union on May 3, 2024 in the U.S. District Court for the Central District of California. Plaintiff alleged that Kinecta discriminated against him, in violation of 42 U.S.C. § 1981 and California anti-discrimination law, by denying him an auto loan because he obtained his social securi…

This is a case alleging loan discrimination against DACA recipients. The plaintiff, represented by the Mexican American Legal Defense and Education Fund, filed a putative class action against Kinecta Federal Credit Union on May 3, 2024 in the U.S. District Court for the Central District of California. Plaintiff alleged that Kinecta discriminated against him, in violation of 42 U.S.C. § 1981 and California anti-discrimination law, by denying him an auto loan because he obtained his social security card through DACA. Plaintiff sought statutory and compensatory damages, a preliminary and permanent injunction, a declaratory judgment, and attorneys' fees. He sought certification of a class of all US residents "denied full and equal consideration by Kinecta" due to their immigration status. The case was assigned to District Judge Wesley L. Hsu on May 6, 2024.

Plaintiff alleged that he was a DACA recipient who had applied for a $16,000 loan through Kinecta's website on October 5, 2023 to help purchase a new car. The next day, Kinecta approved his loan via email and asked for various documents including his Social Security card. After he provided these documents and received no response, he allegedly called Kinecta and was told that his application had been denied because he was not a permanent resident. Plaintiff's wife went to inquire at a Kinecta branch and was allegedly told that Plaintiff would need an Individual Taxpayer Identification Number until he got a "real" SSN. Plaintiff was never notified of credit denial. 

On September 10, 2024, District Judge Hsu referred the parties to settlement discussions and tentatively scheduled trial for September 8, 2025. As of October 6, 2024, there have been no further developments and the case is ongoing. 

Summary Authors

Herman Gonzalez (9/23/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68500306/parties/rogelio-esqueda-v-kinecta-federal-credit-union/


Attorney for Plaintiff

Casas, Eduardo (California)

Herrera, Ernest Israel (California)

Saenz, Thomas Andrew (California)

Attorney for Defendant

Hobson, Alexandria Kimberly (California)

Richter, Stuart M (California)

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Documents in the Clearinghouse

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68500306/rogelio-esqueda-v-kinecta-federal-credit-union/

Last updated Jan. 30, 2025, 4:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: ACACDC-37406509 - Fee: $405. (Attachments: # 1 Civil Cover Sheet) (Attorney Eduardo Casas added to party Rogelio Esqueda(pty:pla))(Casas, Eduardo) (Entered: 05/03/2024)

1 Civil Cover Sheet

View on RECAP

May 3, 2024

May 3, 2024

PACER
2

NOTICE OF ASSIGNMENT to District Judge Wesley L. Hsu and Magistrate Judge Brianna Fuller Mircheff. (sh) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
3

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
4

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
5

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Attachment(s): # 1 Civil Cover Sheet. The document(s) should have been filed separately using their true events. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
6

NOTICE of Interested Parties filed by Plaintiff Rogelio Esqueda, (Casas, Eduardo) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
7

STANDING ORDER FOR CASES ASSIGNED TO JUDGE WESLEY L. HSU. (dd) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
8

WAIVER OF SERVICE Returned Executed Rogelio Esqueda. (Casas, Eduardo) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

PACER
9

STIPULATION Extending Time to Answer the complaint as to Kinecta Federal Credit Union answer now due 8/5/2024, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Kinecta Federal Credit Union.(Attorney Stuart M Richter added to party Kinecta Federal Credit Union(pty:dft))(Richter, Stuart) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
10

NOTICE of Interested Parties filed by Defendant Kinecta Federal Credit Union, identifying TruStage Financial Group, Inc.. (Richter, Stuart) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
11

NOTICE of Association of Counsel associating attorney Mark K. Worthge, Alexandria, K. Hobson, and Elizabeth M. Sanguinetti on behalf of Defendant Kinecta Federal Credit Union. Filed by Defendant Kinecta Federal Credit Union (Attorney Mark Kenneth Worthge added to party Kinecta Federal Credit Union(pty:dft))(Worthge, Mark) (Entered: 08/01/2024)

Aug. 1, 2024

Aug. 1, 2024

PACER
12

NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Association of Counsel, 11 . The following error(s) was/were found: The SBN 191389 associated with Elizabeth M. Sanguinetti, shows a different attorney, Elise Rochelle Sanguinetti. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (sbou) (Entered: 08/02/2024)

Aug. 2, 2024

Aug. 2, 2024

PACER
13

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendant Kinecta Federal Credit Union.(Richter, Stuart) (Entered: 08/05/2024)

Aug. 5, 2024

Aug. 5, 2024

PACER
14

ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Wesley L. Hsu. A Scheduling Conference is set for 9/13/2024 at 01:00 PM. See Attached Order for Details. (hc) (Entered: 08/06/2024)

Aug. 6, 2024

Aug. 6, 2024

PACER
15

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Rogelio Esqueda.. (Attachments: # 1 Supplement fillable Worksheet)(Casas, Eduardo) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
16

ORDER/REFERRAL to ADR Procedure No 2 by Judge Wesley L. Hsu. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 6/30/2025. (hc) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
17

CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Wesley L. Hsu: The Scheduling Conference scheduled for 9/13/2024 is hereby VACATED. The pretrial schedule governing this case is set forth in the far right column labeled "Court Order" located on the parties' Schedule of Pretrial and Trial Dates Worksheet, which accompanies this Order. Jury Trial: Monday at 9:00 a.m., 9/8/2025; Final Pretrial Conference (Friday at 3:00 p.m.): 8/8/25 (see document for further details) (bm) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
18

STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT by Judge Wesley L. Hsu: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (see document for further details) (bm) (Entered: 09/10/2024)

Sept. 10, 2024

Sept. 10, 2024

PACER
19

NOTICE of Settlement (Joint) filed by Defendant Kinecta Federal Credit Union. (Richter, Stuart) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

PACER
20

(IN CHAMBERS) ORDER SETTING ORDER TO SHOW CAUSE RE DISMISSAL by Judge Wesley L. Hsu: On 11/8/2024, Defendant filed Joint Notice of Settlement (Dkt. 19 ). Upon review of the Joint Notice of Settlement, the Court sets an Order to Show Cause re Dismissal for 1/10/2025 at 1:00 p.m. If the parties file a dismissal or response to OSC by 1/3/2025, the matter will be taken off calendar and no appearance by counsel will be required. All scheduled dates and deadlines are hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY (Entered: 11/20/2024)

Nov. 20, 2024

Nov. 20, 2024

PACER

Text Only Scheduling Notice

Nov. 20, 2024

Nov. 20, 2024

PACER
21

Settlement

Jan. 3, 2025

Jan. 3, 2025

PACER

Text Only Scheduling Notice

Jan. 7, 2025

Jan. 7, 2025

PACER
23

Notice of Appearance or Withdrawal of Counsel (G-123)

Jan. 24, 2025

Jan. 24, 2025

PACER
25

Settlement

Jan. 29, 2025

Jan. 29, 2025

PACER

Text Only Scheduling Notice

Jan. 29, 2025

Jan. 29, 2025

PACER

Case Details

State / Territory: California

Case Type(s):

Fair Housing/Lending/Insurance

Immigration and/or the Border

Key Dates

Filing Date: May 3, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A DACA recipient on behalf of a putative class of people allegedly denied full and equal consideration by Kinecta Federal Credit Union on the basis of immigration status.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Kinecta Federal Credit Union (Manhattan Beach, Los Angeles), Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Lending

Discrimination Basis:

Immigration status

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)