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Civil Rights Litigation Clearinghouse
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Case Name Miller v. Countrywide FH-KY-0002
Docket / Court 3:08-cv-448 ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On July 12, 2007, four named plaintiffs filed a lawsuit on behalf of all black consumers in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries, under under the Equal Credit Opportunity Act ("ECOA") and the Fair Housing Act ("FHA") ... read more >
On July 12, 2007, four named plaintiffs filed a lawsuit on behalf of all black consumers in the U.S. District Court for the District of Massachusetts against Countrywide Bank and its two wholly-owned subsidiaries, under under the Equal Credit Opportunity Act ("ECOA") and the Fair Housing Act ("FHA"). The plaintiffs alleged that the defendants maintained a pattern or practice that had a discriminatory impact on black consumers in their home financing policies and practices. Specifically, the plaintiffs alleged that the defendants' policy authorizing unchecked, subjective surcharge of additional points and fees to an otherwise objective risk-based financing rate, had a discriminatory impact on black home mortgage loans applicants, making them more likely to pay higher interest rates and charges than similarly situated white applicants. The plaintiffs sought injunctive, declaratory and monetary relief.

On September 10, 2007, the defendants filed a motion to dismiss. On July 30, 2008, the Court (Judge Nancy Gertner) issued an order denying the motion.

In 2008, the plaintiffs have moved for consolidated or coordinated pre-trial proceedings of the present litigation with two other class-wide actions against Countrywide and its subsidiaries (Garcia v. Countrywide Financial Corp., C.A. No. 5:07-1161 (C.D. Cal.); Jenkins v. Countrywide Home Loans, Inc., C.A. No. 1:08-2935 (N.D. Ill.)). The U.S. Judicial Panel on Multidistrict Litigation issued a transfer order and centralized the three cases in the U.S. District Court for the Western District of Kentucky. Judge John G. Heyburn II was assigned to the case. The cases were associated under a docket 3:08-MD-1974. The case then proceeded into discovery.

On June 13, 2011, the case was stayed pending the outcome of the Supreme Court case, Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011). On October 13, 2011, the Court (Judge John G. Heyburn II) issued an order that, in light of the decision in Wal-Mart, the plaintiffs did not satisfy the commonality requirement. The plaintiffs had not identified the common method of exercising discretion that would discriminate against the class members in a similar fashion. The plaintiffs appealed to the Sixth Circuit Court of Appeals. The Sixth Circuit issued its decision on January 15, 2013. The District Court's denial of class certification was affirmed.

On August 9, 2013, the four named plaintiffs entered separate stipulations to dismiss the case with prejudice, without costs and right of appeal. On August 12, 2013, the Court issued an order granting the stipulations and dismissing the case with prejudice.

Zhandos Kuderin - 07/28/2014


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Issues and Causes of Action
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Issues
Defendant-type
Bank or credit provider
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Disparate Impact
Pattern or Practice
Predatory lending
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Race
Black
Causes of Action Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Countrywide Bank
Plaintiff Description Four black home mortgage loan applicants on behalf of all black consumer at Countrywide Bank.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Case Listing FH-MA-0003 : Miller v. Countrywide (D. Mass.)
Docket(s)
3:08−cv−00448 (W.D. Ky.) 03/08/2012
FH-KY-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 07/12/2007
FH-KY-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Re: Motion to Dismiss 07/30/2008 (571 F.Supp.2d 251) (D. Mass.)
FH-KY-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Transfer Order 08/07/2008 (571 F.Supp.2d 1366)
FH-KY-0002-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Denying Motion for Class Certification] 10/11/2011 (2011 WL 4862174) (W.D. Ky.)
FH-KY-0002-0003.pdf | WESTLAW | Detail
Opinion [Affirming District Court's Order] 01/15/2013 (708 F.3d 704)
FH-KY-0002-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice [Dismissing Gillian Miller's Claims] 08/12/2013 (W.D. Ky.)
FH-KY-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice [Dismissing Lakisha Austin's Claims] 08/12/2013 (W.D. Ky.)
FH-KY-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal with Prejudice [Dismissing the Davis' Claims] 08/12/2013 (W.D. Ky.)
FH-KY-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gertner, Nancy (D. Mass.)
FH-KY-0002-0002
Gilman, Ronald Lee (Sixth Circuit)
FH-KY-0002-0005
Hansen, David Rasmussen (N.D. Iowa, Eighth Circuit)
FH-KY-0002-0004
Heyburn, John Gilpin II (W.D. Ky.)
FH-KY-0002-0003 | FH-KY-0002-0004 | FH-KY-0002-0006 | FH-KY-0002-0007 | FH-KY-0002-0008 | FH-KY-0002-9000
Kethledge, Raymond M. (Sixth Circuit)
FH-KY-0002-0005
Miller, Robert Lowell Jr. (N.D. Ind.)
FH-KY-0002-0004
Moore, Karen Nelson (Sixth Circuit)
FH-KY-0002-0005
Motz, J. Frederick (D. Md.)
FH-KY-0002-0004
Vratil, Kathryn Hoefer (D. Kan.)
FH-KY-0002-0004
Monitors/Masters None on record
Plaintiff's Lawyers Costello, Kevin (Massachusetts)
FH-KY-0002-9000
Fanning, Lori A. (Illinois)
FH-KY-0002-0001
Feiner, Gillian R (Massachusetts)
FH-KY-0002-0001 | FH-KY-0002-9000
Friedman, Andrew S. (Arizona)
FH-KY-0002-9000
Kavanagh, Shennan Alexandra (Massachusetts)
FH-KY-0002-0001 | FH-KY-0002-9000
Klein, Gary E. (Massachusetts)
FH-KY-0002-0001 | FH-KY-0002-9000
Matthews, Gregory (Massachusetts)
FH-KY-0002-0001
Miller, Marvin A. (Illinois)
FH-KY-0002-0001
Parry, Ronald R. (Kentucky)
FH-KY-0002-9000
Reich, Mark S. (New York)
FH-KY-0002-0001
Rothman, Robert M. (New York)
FH-KY-0002-0001
Rudman, Samuel H. (New York)
FH-KY-0002-0001
Sobol, Thomas M. (Massachusetts)
FH-KY-0002-0001
Van Tine, Matthew E. (Illinois)
FH-KY-0002-0001 | FH-KY-0002-9000
Defendant's Lawyers Gonnam, Michelle R. (Massachusetts)
FH-KY-0002-9000
Gorman, Chris (Kentucky)
FH-KY-0002-9000
Hagopian, Michael R (Rhode Island)
FH-KY-0002-9000
Hefferon, Thomas M. (District of Columbia)
FH-KY-0002-9000
Leet, Byron E. (Kentucky)
FH-KY-0002-9000
McGarry, James W (Massachusetts)
FH-KY-0002-9000
Worth, William A (Massachusetts)
FH-KY-0002-9000
Other Lawyers None on record

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