Case: Roca Hernandez v. KeyBank

1:24-cv-03236 | U.S. District Court for the District of Colorado

Filed Date: Nov. 21, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiff, a DACA recipient, brought this class action lawsuit against Defendant GradFin, a KeyBank Subsidiary, for unlawful discrimination in violation of 42 U.S.C. § 1981, alleging that GradFin denied access to credit products and refinancing services to plaintiff and members of his class because of their alienage. GradFin is a subsidiary of KeyBank, a student loan refinancing and consultation company. Plaintiff filed this lawsuit on November 21, 2024 in the United States District Court for t…

Plaintiff, a DACA recipient, brought this class action lawsuit against Defendant GradFin, a KeyBank Subsidiary, for unlawful discrimination in violation of 42 U.S.C. § 1981, alleging that GradFin denied access to credit products and refinancing services to plaintiff and members of his class because of their alienage. GradFin is a subsidiary of KeyBank, a student loan refinancing and consultation company. Plaintiff filed this lawsuit on November 21, 2024 in the United States District Court for the District of Colorado. He is represented by the public interest lawyer Mexican American Legal Defense and Educational Fund, and seeks damages, declaratory judgment, and injunctive relief.

Plaintiff arrived in the United States from Mexico at the age of four and has lived in Denver, Colorado since 1996. He works as a veterinarian and has been a DACA recipient since 2012. Plaintiff received private student loans to finance his veterinary school education, and in December 2022, Plaintiff contacted GradFin for a consultation and to refinance his loans. The GradFin student loan consultant informed Plaintiff that they would be unable to refinance his student loans unless he was a US citizen or Permanent Resident. 

The case was initially assigned to Magistrate Judge Michael E. Hegarty, and was reassigned to Magistrate Judge Cyrus Y. Chung upon his appointment on January 6, 2025. As of February 4, 2025, the case is ongoing. 

Summary Authors

Juliet Alpert (1/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69404623/parties/roca-hernandez-v-keybank/


Judge(s)

Chung, Cyrus Y.

Chung, Cyrus Y.

Chung, Cyrus Y.

Chung, Cyrus Y.

Chung, Cyrus Y.

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:24-cv-03236

Settlement Agreement

Jan. 6, 2022

Jan. 6, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69404623/roca-hernandez-v-keybank/

Last updated April 15, 2026, 4:58 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against GradFin (Filing fee $ 405,Receipt Number ACODC-9998501)Attorney Luis L. Lozada, Jr added to party Roberto Roca Hernandez(pty:pla), filed by Roberto Roca Hernandez.(Lozada, Luis) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

2

Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (sadhi, ) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

3

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (sadhi, ) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

4

NOTICE Civil Cover Sheet by Plaintiff Roberto Roca Hernandez (Lozada, Luis) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

5

SUMMONS REQUEST as to GradFin by Plaintiff Roberto Roca Hernandez. (Lozada, Luis) (Entered: 11/21/2024)

Nov. 21, 2024

Nov. 21, 2024

6

MINUTE ORDER: The above captioned case has been directly assigned to Chief Magistrate Judge Michael E. Hegarty pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due 1/15/2025. Proposed Scheduling Order due 1/14/2025. Scheduling Conference set for 1/22/2025 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Michael E. Hegarty on 11/22/2024. (dgumb, ) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

6

MINUTE ORDER: The above captioned case has been directly assigned to Chief Magistrate Judge Michael E. Hegarty pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due 1/15/2025. Proposed Scheduling Order due 1/14/2025. Scheduling Conference set for 1/22/2025 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Michael E. Hegarty on 11/22/2024. (dgumb, ) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

7

SUMMONS issued by Clerk. (dgumb, ) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

8

NOTICE Waiver of the Service of Summons by Plaintiff Roberto Roca Hernandez (Lozada, Luis) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

9

NOTICE of Entry of Appearance by Michael Robert Dockterman on behalf of KeyBank N.A.Attorney Michael Robert Dockterman added to party KeyBank N.A.(pty:dft) (Dockterman, Michael) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

10

NOTICE of Entry of Appearance of Thomas A. Saenz by Thomas Andrew Saenz on behalf of Roberto Roca HernandezAttorney Thomas Andrew Saenz added to party Roberto Roca Hernandez(pty:pla) (Saenz, Thomas) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

11

REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Cyrus Y. Chung upon his appointment. All future pleadings should reference Magistrate Judge Chung at the end of the civil action number (such as 24-cv-03236-CYC). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Chung in Courtroom C-205 in the Byron G. Rogers Courthouse, 1961 Stout St, Denver, CO 80294. If previously directed to contact Chief Magistrate Judge Michael E. Hegarty or his Chambers, Parties shall instead contact Chung Chambers at the following telephone number or email address: 303-335-2761 and Chung_Chambers@cod.uscourts.gov. (Text only entry) (schap, ) (Entered: 01/06/2025)

Jan. 6, 2025

Jan. 6, 2025

12

STIPULATION REGARDING DEFENDANTS RESPONSIVE PLEADING AND THE PARTIES SCHEDULING CONFERENCE by Defendant KeyBank N.A.. (Dockterman, Michael) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

13

CONSENT to Jurisdiction of Magistrate Judge by Defendant KeyBank N.A. All parties consent.. (Dockterman, Michael) (Entered: 01/14/2025)

Jan. 14, 2025

Jan. 14, 2025

14

CONSENT to Jurisdiction of Magistrate Judge by Defendant KeyBank N.A. All parties consent.. (Dockterman, Michael) (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

15

ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge 14, this case is referred to Magistrate Judge Cyrus Y. Chung for all purposes pursuant to 28 U.S.C. § 636(c), by Chief Judge Philip A. Brimmer on 1/15/2025. Text Only Entry (pabsec, ) (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

Order on Consent to Jurisdiction of Magistrate Judge

Jan. 15, 2025

Jan. 15, 2025

16

MINUTE ORDER: This matter is before the Court on the Stipulation Regarding Defendant's Responsive Pleading and the Parties' Scheduling Conference. ECF No. 12 . The Court set the Scheduling Conference on January 22, 2025 at 10:00 a.m. ECF No. 6 at 1. That setting remains on the Court's calendar and the parties are expected to attend unless the Court orders otherwise. In addition, the deadline for the parties to submit the proposed Scheduling Order was January 15, 2025. ECF No. 6 at 2. No proposed Scheduling Order has been filed or emailed to chambers. Sua sponte, the Court will extend that deadline through January 17, 2025 at 2:00 p.m. MT. Accordingly, it is hereby ORDERED that the parties shall filed the proposed Scheduling Order on or before January 17, 2025 at 2:00 p.m. MT. The parties shall also email a copy of the proposed Scheduling Order to Chung_Chambers@cod.uscourts.gov. Entered by Magistrate Judge Cyrus Y. Chung on 1/16/2025. (dgumb, ) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

17

STIPULATION REGARDING DEFENDANTS RESPONSIVE PLEADING by Defendant KeyBank N.A.. (Dockterman, Michael) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

18

Joint MOTION to Reset Scheduling Conference by Defendant KeyBank N.A.. (Dockterman, Michael) (Entered: 01/16/2025)

Jan. 16, 2025

Jan. 16, 2025

19

MINUTE ORDER: This matter is before the Court on the parties' Joint Motion to Reset Scheduling Conference. ECF No. 18 . For good cause shown, it is hereby ORDERED that the motion, ECF No. 18, is GRANTED to the extent it asks the Court to reset the Scheduling Conference and related deadlines and DENIED to the extent it asks that the Scheduling Conference be reset on April 14, 2025. Accordingly, it is further ORDERED that the January 22, 2025 Scheduling Conference is RESET on March 13, 2025 at 10:15 a.m. in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Therefore, it is further ORDERED that the related deadlines are extended as follows: Deadline to meet in accordance with Fed. R. Civ. P. 26(f): February 20, 2025, Deadline to submit the proposed Scheduling Order: March 6, 2025. Upon a further showing of good cause, the Court would consider another request to reset the Scheduling Conference to a later date. Entered by Magistrate Judge Cyrus Y. Chung on 1/17/2025.(dgumb, ) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

28

STRICKEN - STIPULATION STIPULATED PROTECTIVE ORDER by Defendant KeyBank N.A.. (Dockterman, Michael) Modified on 6/30/2025 to Strike pursuant to ECF No. 29.(spric). (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

29

MINUTE ORDER: The parties filed a Stipulated Protective Order [ECF No. 28] that is signed by the parties, but did not file a motion asking the Court to enter a proposed protective order. As the Court indicated in its May 9, 2025 Minute Order [ECF No. 27], the parties may file a joint motion for a Protective Order during the pendency of the stay. However, the parties have failed to file any such motion. Accordingly, it is hereby ORDERED that the Stipulated Protective Order [ECF No. 28] is STRICKEN. As a reminder, to the extent the parties would like the Court to enter a protective order governing this case, in addition to filing a motion, they must email a Word version of the proposed order to Chung_Chambers@cod.uscourts.gov. See D.C.COLO.MJ V.5. Entered by Magistrate Judge Cyrus Y. Chung on 6/30/2025. Text Only Entry (spric) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

33

Joint STATUS REPORT by Plaintiff Roberto Roca Hernandez. (Lozada, Luis) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

35

Joint STATUS REPORT by Plaintiff Roberto Roca Hernandez. (Lozada, Luis) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

37

Joint STATUS REPORT by Plaintiff Roberto Roca Hernandez. (Lozada, Luis) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

38

NOTICE of Settlement by Plaintiff Roberto Roca Hernandez (Lozada, Luis) (Entered: 01/10/2026)

Jan. 10, 2026

Jan. 10, 2026

39

MINUTE ORDER: Pursuant to the Notice of Settlement, ECF No. 38, stating that the parties have reached a settlement in this action and resolved all issues in dispute, it is hereby ORDERED that the parties shall file appropriate dismissal papers on or before March 11, 2026. If no dismissal papers are filed, by the same date the parties shall file a joint Status Report alerting the Court of the status of their settlement agreement and when dismissal papers will be filed. It is further ORDERED that the February 11, 2026 Scheduling Conference is VACATED. Entered by Magistrate Judge Cyrus Y. Chung on 01/12/2026. Text Only Entry. (agryan) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

Case Details

State / Territory:

Colorado

Case Type(s):

Fair Housing/Lending/Insurance

Immigration and/or the Border

Key Dates

Filing Date: Nov. 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a DACA recipient who arrived from Mexico at the age of four and has been in the United States since 1996.

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

Regional

GradFin

KeyBank

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

District of Colorado 1:24-cv-03236

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Immigration status

Affected National Origin/Ethnicity(s):

Hispanic

Recommended Citation