Case: Rodriguez Perez v. First Tech Federal Credit Union

3:23-cv-06704 | U.S. District Court for the Northern District of California

Filed Date: Dec. 29, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 29, 2023, a private plaintiff, represented by the Mexican American Legal Defense and Educational Fund, filed a class action lawsuit against First Technology Federal Credit Union (“FTF”), in the United States District Court for the Northern District of California, alleging that FTF followed a policy of denying full access to banking products and services to applicants on the basis of their immigration status, including those who have Deferred Action for Childhood Arrivals (DACA) stat…

On December 29, 2023, a private plaintiff, represented by the Mexican American Legal Defense and Educational Fund, filed a class action lawsuit against First Technology Federal Credit Union (“FTF”), in the United States District Court for the Northern District of California, alleging that FTF followed a policy of denying full access to banking products and services to applicants on the basis of their immigration status, including those who have Deferred Action for Childhood Arrivals (DACA) status. The Plaintiff challenged FTF’s denial on two grounds: (1) discrimination based on immigration/citizenship status in violation of the Civil Rights Act of 1966; and (2) Unruh Civil Rights Act, California’s state civil rights act. The plaintiff sought class certification, declaratory judgment, a preliminary and a permanent injunction, and statutory and compensatory damages. This case was assigned to Magistrate Judge Thomas S. Hixson.

On September 5, 2024, the Plaintiff filed for a motion for preliminary approval of a class action settlement, and on October 8, Judge Hixson granted the motion. The court conditionally certified two classes, the California Class and the National Class. The California Class consisted of 20 individuals, who according to FTF, were residing in California and applied for a Residential Secured Loan (“RSL”) with FTF between December 21, 2021 through December 29, 2023, provided an employment authorization card (“EAD”) during the application process, and was denied their application solely because of their immigration or citizen status. The National Class consisted of 43 individuals, who according to FTF’s records, were residing in any other American state besides California, and applied for a RSL with FTF and provided their EAD during the application process between December 21, 2021 through December 29, 2023, and was denied their application solely based on their immigration or citizenship status. The settlement provided two forms of relief for class members: (1) corrective action in which FTF will not deny RSL applications solely because of an applicant’s immigration or citizenship status; and (2) FTF would pay $81,500 (“Settlement Fund”)  to be used for individual payments to each class member to compensate for the alleged statutory violations and harm suffered. Each California class member received $3,000, and each National class member received $500.

On January 23, 2025, Judge Hixson granted final approval of class action settlement, finding no need to change what was approved in the preliminary approval and, on January 28, the court dismissed the case with prejudice, although it retained jurisdiction over the administration and enforcement of the settlement agreement. 2025 WL 277403. As of March 4, 2025, the court continues to monitor the settlement. 

Summary Authors

Danica Fong (3/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68126520/parties/rodriguez-perez-v-first-tech-federal-credit-union/


Judge(s)

Hixson, Thomas S. (California)

Attorney for Plaintiff

Casas, Eduardo (California)

Lozada, Luis Leonardo (California)

Saenz, Thomas Andrew (California)

Attorney for Defendant

Richter, Stuart Matthew (California)

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Documents in the Clearinghouse

Document
2

3:23-cv-06704

Complaint for Violations of 42 U.S.C. § 1981 and California State Law; Injunctive and Declaratory Relief and Damages

Dec. 29, 2023

Dec. 29, 2023

Complaint
34

3:23-cv-06704

Order Granting Preliminary Approval of Class Action Settlement

Oct. 8, 2024

Oct. 8, 2024

Order/Opinion

2024 WL 4453291

39

3:23-cv-06704

Order Granting Final Approval of Class Action Settlement and Motion for Attorneys’ Fees

Jan. 23, 2025

Jan. 23, 2025

Order/Opinion

2025 WL 277403

42

3:23-cv-06704

Joint Judgment

Jan. 28, 2025

Jan. 28, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68126520/rodriguez-perez-v-first-tech-federal-credit-union/

Last updated March 4, 2026, 4:34 a.m.

ECF Number Description Date Link Date / Link
1

FEE PAID (Filing fee$405,receipt number ACANDC-18978777). (Casas, Eduardo) (Filed on 12/29/2023) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

2

COMPLAINT against First Tech Federal Credit Union ( Filing fee $ 405, receipt number ACANDC-18979019.). Filed by Ismael Antonio Rodriguez Perez. (Attachments: # 1 Civil Cover Sheet)(Casas, Eduardo) (Filed on 12/29/2023) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

Clearinghouse
3

Case assigned to Magistrate Judge Thomas S. Hixson. 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 1/12/2024. (sfb, COURT STAFF) (Filed on 12/29/2023) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

New Case Filing Fee

Dec. 29, 2023

Dec. 29, 2023

~Util - Case Assigned by Intake

Dec. 29, 2023

Dec. 29, 2023

4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/21/2024. Initial Case Management Conference set for 3/28/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (dhm, COURT STAFF) (Filed on 1/2/2024) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ismael Antonio Rodriguez Perez.. (Casas, Eduardo) (Filed on 1/11/2024) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

6

CLERK'S NOTICE re: ECF No. 5 . The consent/declination form is signed by counsel but does not indicate the party/parties in the space under counsel's signature - COUNSEL FOR (OR "PRO SE"). Counsel is directed to file a revised consent/declination form by 1/26/2024 that includes the name(s) of the party/parties counsel represents. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 1/19/2024) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

Clerk's Notice

Jan. 19, 2024

Jan. 19, 2024

7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ismael Antonio Rodriguez Perez.. (Casas, Eduardo) (Filed on 1/24/2024) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

8

Application for Refund, Receipt Number ACANDC-18978777 by Ismael Antonio Rodriguez Perez. (Casas, Eduardo) (Filed on 1/24/2024) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

9

WAIVER OF SERVICE Returned Executed filed by Ismael Antonio Rodriguez Perez. Service waived by First Tech Federal Credit Union waiver sent on 1/16/2024, answer due 3/18/2024. (Casas, Eduardo) (Filed on 1/26/2024) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

10

Refund Status re 8 Application for Refund Approved. (rgh, COURT STAFF) (Filed on 1/30/2024) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

11

NOTICE of Appearance by Luis Leonardo Lozada (Lozada, Luis) (Filed on 3/5/2024) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

12

NOTICE of Appearance by Stuart Matthew Richter (Richter, Stuart) (Filed on 3/7/2024) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

13

Corporate Disclosure Statement by First Tech Federal Credit Union (Richter, Stuart) (Filed on 3/7/2024) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

14

Certificate of Interested Entities by First Tech Federal Credit Union (Richter, Stuart) (Filed on 3/7/2024) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

15

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Richter, Stuart) (Filed on 3/7/2024) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

16

CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 3/14/2024. 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. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 3/8/2024) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

Clerk's Notice re: Consent or Declination

March 8, 2024

March 8, 2024

17

STIPULATION to Extend the Time for Defendant First Tech Federal Credit AUnion to Respond to the Complaint filed by First Tech Federal Credit Union. (Richter, Stuart) (Filed on 3/12/2024) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

18

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by First Tech Federal Credit Union.. (Richter, Stuart) (Filed on 3/12/2024) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

19

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Ismael Antonio Rodriguez Perez. (Lozada, Luis) (Filed on 3/21/2024) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

20

ORDER by Magistrate Judge Thomas S. Hixson granting 19 Stipulation to continue Initial Case Management Conference and extend deadlines: Rule 26 Meeting Report due by 4/25/2024. Case Management Statement due by 4/25/2024. Initial Case Management Conference set for 5/2/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (rmm2, COURT STAFF) (Filed on 3/22/2024) (Entered: 03/22/2024)

March 22, 2024

March 22, 2024

21

STIPULATION WITH PROPOSED ORDER to Extend the Time for Defendant First Tech Federal Credit Union to Respond to the Complaint filed by First Tech Federal Credit Union. (Richter, Stuart) (Filed on 4/10/2024) (Entered: 04/10/2024)

April 10, 2024

April 10, 2024

22

ORDER by Magistrate Judge Thomas S. Hixson granting 21 Stipulation extending time for defendant to respond to plaintiff's complaint. Response due by 5/17/2024. (rmm2, COURT STAFF) (Filed on 4/11/2024) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

23

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Ismael Antonio Rodriguez Perez. (Lozada, Luis) (Filed on 4/17/2024) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

24

ORDER by Magistrate Judge Thomas S. Hixson granting 23 Stipulation to continue Case Management Conference and related deadlines. Case Management Statement due by 5/30/2024. Rule 26 Meeting Report due by 5/30/2024. Initial Case Management Conference set for 6/6/2024 at 10:00 AM in San Francisco, Courtroom E, 15th Floor. (rmm2, COURT STAFF) (Filed on 4/18/2024) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

25

STIPULATION WITH PROPOSED ORDER to Extend the Time for Defendant First Tech Federal Credit Union to Respond to the Complaint and to Continue Case Management Conference and Extend Related Deadlines filed by First Tech Federal Credit Union. (Richter, Stuart) (Filed on 5/14/2024) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

26

ORDER by Magistrate Judge Thomas S. Hixson granting 25 Stipulation. Case Management Statement due by 7/1/2024. Rule 26 Meeting Report due by 7/1/2024. Initial Case Management Conference set for 7/11/2024 10:00 AM in San Francisco, - Zoom Video Conference Only. (rmm2, COURT STAFF) (Filed on 5/16/2024) (Entered: 05/16/2024)

May 16, 2024

May 16, 2024

27

STIPULATION WITH PROPOSED ORDER to Extend the Time for Defendant First Tech Federal Credit Union to Respond to the Complaint and to Continue Case Management Conference and Extend Related Deadlines filed by First Tech Federal Credit Union. (Richter, Stuart) (Filed on 6/11/2024) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

28

ORDER by Magistrate Judge Thomas S. Hixson granting 27 Stipulation to extend time for defendant to respond to complaint and continue Initial Case Management Conference and extend deadlines.New schedule: Rule 26 Meeting Report due by 7/31/2024. Case Management Statement due by 7/31/2024. Initial Case Management Conference set for 8/15/2024 10:00 AM. Defendant(s) response to complaint extended to: 7/17/2024. (rmm2, COURT STAFF) (Filed on 6/11/2024) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

29

STIPULATION WITH PROPOSED ORDER Joint Notice of Settlement and Proposed Order Adjourning Case Deadlines filed by First Tech Federal Credit Union. (Richter, Stuart) (Filed on 7/10/2024) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

30

ORDER by Magistrate Judge Thomas S. Hixson granting 29 Stipulation re joint notice of settlement. (rmm2, COURT STAFF) (Filed on 7/10/2024) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

31

First MOTION Preliminary Settlement Approval filed by Ismael Antonio Rodriguez Perez. Motion Hearing set for 10/3/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 9/19/2024. Replies due by 9/26/2024. (Attachments: # 1 Declaration Luis Lozada, # 2 Exhibit Settlement Agreement, # 3 Exhibit RG2 Brochure, # 4 Proposed Order Proposed Order)(Lozada, Luis) (Filed on 9/5/2024) (Entered: 09/05/2024)

Sept. 5, 2024

Sept. 5, 2024

RECAP
32

QUESTIONS FOR PARTIES re 31 Motion for Preliminary Settlement Approval. Response due 10/3/2024. Motion Hearing continued to 10/17/2024. Signed by Judge Thomas S. Hixson on 9/20/2024. (tshlc1, COURT STAFF) (Filed on 9/20/2024) (Entered: 09/20/2024)

Sept. 20, 2024

Sept. 20, 2024

33

Joint Statement In Response to 32 Questions re: Motion for Preliminary Approval of Class Action Settlement by Ismael Antonio Rodriguez Perez. (Attachments: # 1 Exhibit)(Lozada, Luis) (Filed on 10/3/2024) Modified text on 10/4/2024 (dhm, COURT STAFF). (Entered: 10/03/2024)

Oct. 3, 2024

Oct. 3, 2024

34

ORDER by Judge Thomas S. Hixson granting 31 Motion for Preliminary Approval of Class Action Settlement. Final Approval Hearing set for 1/23/2025. (tshlc1, COURT STAFF) (Filed on 10/8/2024)

Oct. 8, 2024

Oct. 8, 2024

Clearinghouse
35

First MOTION for Attorney Fees, Costs, and Service Award filed by Ismael Antonio Rodriguez Perez. Motion for Attorney Fees Hearing set for 1/23/2025 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 11/12/2024. Replies due by 11/19/2024. (Attachments: # 1 Declaration Luis Lozada)(Lozada, Luis) (Filed on 10/29/2024) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

36

First MOTION Final Approval of Class Settlement re 34 Order on Motion for Miscellaneous Relief filed by Ismael Antonio Rodriguez Perez. Motion Hearing set for 1/23/2025 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 12/26/2024. Replies due by 1/2/2025. (Attachments: # 1 Declaration, # 2 Proposed Order)(Lozada, Luis) (Filed on 12/12/2024) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

RECAP

Set Deadlines/Hearings: (tshlc1, COURT STAFF) (Filed on 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

Set Deadlines/Hearings

Dec. 18, 2024

Dec. 18, 2024

37

ORDER REQUESTING SUPPLEMENTAL BRIEFING re 36 Motion for Final Approval of Class Settlement. Signed by Judge Thomas S. Hixson on 12/30/2024. (tshlc1, COURT STAFF) (Filed on 12/30/2024) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

38

Statement re 37 Order re Supplemental Briefing by Ismael Antonio Rodriguez Perez. (Lozada, Luis) (Filed on 1/3/2025) (Entered: 01/03/2025)

Jan. 3, 2025

Jan. 3, 2025

39

ORDER by Judge Thomas S. Hixson granting 35 Motion for Attorney Fees; granting 36 Motion for Final Approval of Class Action Settlement. The parties shall file a proposed judgment by January 30, 2025. In accordance with the Northern District 's Procedural Guidance for Class Action Settlements, within 21 days after the distribution of the settlement funds and payment of attorneys' fees, Class Counsel shall file a Post-Distribution Accounting. (tshlc1, COURT STAFF) (Filed on 1/23/2025)

Jan. 23, 2025

Jan. 23, 2025

Clearinghouse
40

Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Motion Hearing held on 1/23/2025 at 10:00 AM - Courtroom E, 15th Floor. Digital Recording Time: Liberty: 10:04-10:06. Plaintiff Attorney: Louis Lozada/Eduardo Casas. Defendant Attorney: Stuart M. Richter. Proceedings: Court had no objections to the Class Settlement. Matter is submitted. Court to issue Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 1/23/2025) (Entered: 01/23/2025)

Jan. 23, 2025

Jan. 23, 2025

Motion Hearing

Jan. 23, 2025

Jan. 23, 2025

41

Proposed Order re 39 Order on Motion for Attorney Fees,,, Order on Motion for Miscellaneous Relief,, by Ismael Antonio Rodriguez Perez. (Lozada, Luis) (Filed on 1/28/2025) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

42

JUDGMENT, ***Civil Case Terminated. Signed by Judge Thomas S. Hixson on 1/28/2025. (tshlc1, COURT STAFF) (Filed on 1/28/2025) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

Clearinghouse
43

Post-Distribution Accounting Form . (Lozada, Luis) (Filed on 7/23/2025) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

44

Post-Distribution Accounting Form Revised. (Lozada, Luis) (Filed on 8/15/2025) (Entered: 08/15/2025)

Aug. 15, 2025

Aug. 15, 2025

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Public Accommodations/ Contracting/ Organizational Discrimination

Key Dates

Filing Date: Dec. 29, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A DACA-recipient private plaintiff on behalf of himself and similarly situated plaintiffs

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

First Technology Federal Credit Union

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Other Dockets:

Northern District of California 3:23-cv-06704

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: $133,405

Issues

General/Misc.:

Access to public accommodations - privately owned

Other Banking

Pattern or Practice

Discrimination Area:

Lending

Discrimination Basis:

Immigration status

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)

Status/Classification

Recommended Citation