Case: Perez Fernandez v. Municipal Credit Union

1:25-cv-06970 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 22, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges Municipal Credit Union (MCU)'s alleged intentional discrimination based on citizenship or immigration status through the denial of loan access. On August 22, 2025, the plaintiff – a DACA recipient living in the U.S. – filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued MCU on behalf of all those who had similarly been denied loans from MCU due to immigration status under  the Civil Rights Act of 1866 (42 U.S.C. § 1981) and…

This case challenges Municipal Credit Union (MCU)'s alleged intentional discrimination based on citizenship or immigration status through the denial of loan access.

On August 22, 2025, the plaintiff – a DACA recipient living in the U.S. – filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued MCU on behalf of all those who had similarly been denied loans from MCU due to immigration status under  the Civil Rights Act of 1866 (42 U.S.C. § 1981) and New York State Human Rights Law (N.Y. Exec. Law §§ 290, et seq.). Represented by Mexican American Legal Defense and Educational Fund, the plaintiff sought an injunction from engaging in the alleged discrimination, compensatory damages, civil fines and penalties, and costs incurred (i.e. attorney’s fees).  The plaintiff claimed that MCU unlawfully discriminated against him on the basis of alienage by denying him a five-year auto loan for which he had previously been approved and for which he was qualified.  MCU employees told the plaintiff that he could only be granted a two-year loan due to his immigration status, and he would qualify for the five-year loan if he  became a permanent resident. The case was assigned to District Judge Lewis A. Kaplan.

This case is ongoing.

Summary Authors

Charlotte Beaudoin (2/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71178947/parties/perez-fernandez-v-municipal-credit-union/


Judge(s)

Kaplan, Lewis A. (New York)

Attorney for Plaintiff

Shump, Nicolas (New York)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-06970

Complaint - Class Action

Aug. 22, 2025

Aug. 22, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71178947/perez-fernandez-v-municipal-credit-union/

Last updated Nov. 3, 2026, 5 a.m.

Docket for: Perez Fernandez v. Municipal Credit Union
ECF Number Date Description Link
1 Aug. 22, 2025

COMPLAINT against Municipal Credit Union. (Filing Fee $ 405.00, Receipt Number BNYSDC-31604494)Document filed by Jose Uri Perez Fernandez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Supplement to Civil Cover Sheet).(Shump, Nicolas) (Entered: 08/22/2025)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Supplement Supplement to Civil Cover Sheet

View on PACER

Clearinghouse
2 Aug. 22, 2025

CIVIL COVER SHEET filed. (Attachments: # 1 Supplement Attachment to Civil Cover Sheet).(Shump, Nicolas) (Entered: 08/22/2025)

RECAP
3 Aug. 22, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Municipal Credit Union, re: 1 Complaint,. Document filed by Jose Uri Perez Fernandez..(Shump, Nicolas) (Entered: 08/22/2025)

RECAP
4 Aug. 25, 2025

ELECTRONIC SUMMONS ISSUED as to Municipal Credit Union..(jgo) (Entered: 08/25/2025)

RECAP
Aug. 25, 2025

Notice to Attorney Regarding Party Modification

Aug. 25, 2025

Notice to Attorney Regarding Case Opening Statistical Error Correction

Aug. 25, 2025

Case Opening Initial Assignment Notice

Aug. 25, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Aug. 25, 2025

Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Aug. 25, 2025

Case Designated ECF. (jgo)

Aug. 25, 2025

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicolas Shump. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Kings;. (jgo)

Aug. 25, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicolas Shump. The party information for the following party/parties has been modified: Nicolas Shump. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)

5 Aug. 29, 2025

NOTICE OF APPEARANCE by Andrea Senteno on behalf of Jose Uri Perez Fernandez..(Senteno, Andrea) (Entered: 08/29/2025)

RECAP
6 Sept. 8, 2025

WAIVER OF SERVICE RETURNED EXECUTED. Municipal Credit Union waiver sent on 8/26/2025, answer due 10/27/2025. Document filed by Jose Uri Perez Fernandez..(Shump, Nicolas) (Entered: 09/08/2025)

RECAP
7 Sept. 16, 2025

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file by 10/29/2025 a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a video-conference invite will be emailed to counsel setting a video-conference on 11/5/2025 at 10:45 AM. ( Initial Conference set for 11/5/2025 at 10:45 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 9/16/25) (yv) (Entered: 09/16/2025)

RECAP
8 Sept. 22, 2025

MOTION for Sebastian Thomas Alarcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31747319. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jose Uri Perez Fernandez. (Attachments: # 1 Affidavit Notarized affidavit in support of motion, # 2 Exhibit Certificate of good standing, # 3 Proposed Order Proposed order granting motion).(Alarcon, Sebastian) (Entered: 09/22/2025)

RECAP
Sept. 22, 2025

Notice Regarding Pro Hac Vice Motion

Sept. 22, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Sebastian Thomas Alarcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31747319. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

9 Sept. 23, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Sebastian Thomas Alarcon to Appear Pro Hac Vice. The motion of Sebastian T. Alarcon, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Lewis A. Kaplan on 9/23/25) (yv) (Entered: 09/23/2025)

RECAP
10 Sept. 23, 2025

NOTICE OF APPEARANCE by Stephanie Marie Imbornone on behalf of Municipal Credit Union..(Imbornone, Stephanie) (Entered: 09/23/2025)

RECAP
11 Oct. 24, 2025

LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis A. Kaplan from Stephanie Imbornone dated 10/24/25. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 10/24/2025)

RECAP
12 Oct. 27, 2025

ORDER granting 11 Letter Motion for Extension of Time to Answer re 1 Complaint. Granted. SO ORDERED. Municipal Credit Union answer due 11/27/2025. (Signed by Judge Lewis A. Kaplan on 10/27/2025) (rro) (Entered: 10/27/2025)

RECAP
13 Oct. 27, 2025

LETTER MOTION for Extension of Time of all deadlines addressed to Judge Lewis A. Kaplan from Stephanie Imbornone dated 10/27/25. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 10/27/2025)

RECAP
Oct. 27, 2025

Set/Reset Hearings: The 11/4/2025 Initial Conference previously set for 11/4/2025 is adjourned to 12/4/2025 at 10:45 AM before Judge Lewis A. Kaplan. (Mohan, Andrew)

14 Oct. 29, 2025

MEMO ENDORSEMENT on re: 13 LETTER MOTION for Extension of Time of all deadlines addressed to Judge Lewis A. Kaplan from Stephanie Imbornone dated 10/27/25. filed by Municipal Credit Union. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/29/2025) (rro) (Entered: 10/29/2025)

RECAP
15 Nov. 24, 2025

LETTER addressed to Judge Lewis A. Kaplan from Stephanie Imbornone dated 11/24/25 re: Confirm Current Deadlines. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 11/24/2025)

RECAP
16 Nov. 27, 2025

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 11/27/2025)

RECAP
17 Nov. 27, 2025

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 11/27/2025)

RECAP
18 Dec. 29, 2025

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Jose Uri Perez Fernandez..(Shump, Nicolas) (Entered: 12/29/2025)

RECAP
19 Jan. 5, 2026

MEMO ENDORSEMENT on re: 15 Letter filed by Municipal Credit Union ENDORSEMENT: Confirmed. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/2026) (jca) (Entered: 01/05/2026)

RECAP
Jan. 8, 2026

Set Hearings: Case Management Conference set for 1/15/2026 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)

Jan. 15, 2026

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Scheduling Conference held on 1/15/2026. Defense motions due 3/15/2026. Discovery stayed pending filing of motions. (Mohan, Andrew) Modified on 1/16/2026 (Mohan, Andrew).

Jan. 16, 2026

Scheduling Conference

20 March 13, 2026

LETTER addressed to Judge Lewis A. Kaplan from Stephanie Imbornone dated March 12, 2026 re: Extension Request for Defendant to file motion. Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 03/13/2026)

RECAP
21 March 13, 2026

MEMO ENDORSEMENT on re: 20 Letter filed by Municipal Credit Union. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/13/2026) (Motions due by 3/28/2026.) (ar) (Entered: 03/13/2026)

RECAP
22 March 30, 2026

NOTICE of Settlement . Document filed by Municipal Credit Union..(Imbornone, Stephanie) (Entered: 03/30/2026)

RECAP
23 April 8, 2026

MEMO ENDORSEMENT on re: 22 Notice of Settlement filed by Municipal Credit Union ENDORSEMENT: Case dismissed with prejudice and without costs, proceeded, knowing that the case may be reinstated by filings, by either party, on or before 5/30/26, of a notice that no settlement agreement has been signed. SO ORDERED (Signed by Judge Lewis A. Kaplan on 4/8/2026) (ks) (Entered: 04/08/2026)

RECAP
24 May 28, 2026

NOTICE of Unfinalized Settlement. Document filed by Jose Uri Perez Fernandez..(Shump, Nicolas) (Entered: 05/28/2026)

RECAP
25 May 29, 2026

MEMO ENDORSEMENT on re: 24 Notice (Other) filed by Jose Uri Perez Fernandez. ENDORSEMENT: Granted. Case dismissed with prejudice and without costs, provided, however, that the case may be reinstated by filing, by either party, on or before 6/29/2026, a notice that no settlement agreement has been reached. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/29/2026) (ar) (Entered: 05/29/2026)

RECAP
26 June 25, 2026

NOTICE of Unfinalized Settlement. Document filed by Jose Uri Perez Fernandez..(Shump, Nicolas) (Entered: 06/25/2026)

RECAP
27 June 26, 2026

MEMO ENDORSEMENT on re: 26 Notice (Other) filed by Jose Uri Perez Fernandez. ENDORSEMENT: Granted. Case dismissed with prejudice and without costs, provided, however, that the case may be reinstated by filing, by either party, on or before 7/3/2026, a notice that no settlement agreement has been reached. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/26/2026) (ar) (Entered: 06/26/2026)

RECAP
28 July 7, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Municipal Credit Union and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jose Uri Perez Fernandez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Alarcon, Sebastian) Modified on 7/8/2026 (km). (Entered: 07/07/2026)

RECAP
29 July 8, 2026

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Municipal Credit Union and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jose Uri Perez Fernandez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Alarcon, Sebastian) (Entered: 07/08/2026)

RECAP
July 8, 2026

Notice to Attorney Regarding Deficient Voluntary Dismissal

July 8, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Sebastian Alarcon. RE-FILE Document No. 28 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)

Case Details

State / Territory:

New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 22, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who resided in the United States when they applied or attempted to apply for a loan product from Municipal Credit Union (MCU), but who were denied fair and equal consideration by MCU on the basis of alienage, citizenship, and/or 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

Private Entity/Person

Municipal Credit Union

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

Southern District of New York 1:25-cv-06970

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other Banking

Discrimination Area:

Lending

Discrimination Basis:

Immigration status

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)

Undocumented immigrants - rights and duties

Recommended Citation