Case: Puello v. Citifinancial Services, Inc.

1:08-cv-10417 | U.S. District Court for the District of Massachusetts

Filed Date: March 13, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On March 13, 2008, a minority homeowner filed a class-action lawsuit in the U.S. District Court for the District of Massachusetts against private banks and lenders, Citifinancial Services and Citigroup Inc., under the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. ("ECOA"), the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), 42 U.S.C. § 1981, and 42 U.S.C. § 1982. The plaintiffs alleged that the defendants maintained a pattern or practice that had a discriminatory impact on minorit…

On March 13, 2008, a minority homeowner filed a class-action lawsuit in the U.S. District Court for the District of Massachusetts against private banks and lenders, Citifinancial Services and Citigroup Inc., under the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. ("ECOA"), the Fair Housing Act, 42 U.S.C. § 3601 et seq. ("FHA"), 42 U.S.C. § 1981, and 42 U.S.C. § 1982. The plaintiffs alleged that the defendants maintained a pattern or practice that had a discriminatory impact on minority applicants 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 minority homeowners, creating a significantly higher likelihood of exposure to discretionary points and fees. Plaintiff sought damages, declaratory and injuctive relief. On May 21, 2008, plaintiff filed an amended complaint, adding two named plaintiffs.

On July 21, 2008, the defendants filed a motion to dismiss the amended complaint on the basis of a failure to state a claim. On August 14, 2008, the Lawyers' Committee for Civil Rights Under Law of the Boston Bar Association, a non-profit organization established to provide pro bono legal counsel in cases of race and national origin discrimination, filed a motion to amicus brief. It opposed the motion to dismiss and argued that the weight of the precedent supports disparate impact claims under ECOA and FHA. On March 31, 2009, the Court (Mark L. Wolf) allowed the filing of the amicus brief and denied the motion to dismiss. The reasoning of the court is not available from PACER.

In the meantime, two of the individuals plaintiffs filed for bankruptcy. Trustee in bankruptcy filed a motion to substitute party and dismiss the action on October 22, 2009, which was granted by the Court on April 16, 2010, and their complaint was dismissed with prejudice. On May 12, 2010, the plaintiffs filed a second amended complaint, substituting the plaintiffs. The complaint reiterated the original allegations.

The parties went into mediation and reached a settlement. On August 1, 2011, the parties file a motion for preliminary approval of the settlement agreement. Under the agreement, the defendants agreed and represented: 1) to provide telephonic housing counseling services; 2) to continue non-discretionary pricing policy; 3) to enhance its Fair Lending policy to address concerns raised in this litigation; 4) to have personnel trained in fair lending. Some class members were eligible for a $90 check or a credit of $200 against closing costs. The defendant agreed to pay $400,000 in attorney's fees and $15,000 in service fees to the plaintiffs.

However, the Court denied the motion on December 22, 2011, as it ordered the parties to file memorandum explaining the effects of the Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), on certifying class in the present case. The parties filed their memorandums, and the Court issued an order of preliminary approval on March 6, 2012. The order certified class of "all African-American and Hispanic borrowers (including, without limitation, individual borrowers, joint-borrowers, and co-borrowers) who obtained a loan between January 1, 2004 and June 24, 2011."

Following a fairness hearing, the Court issued a final judgment approving the order August 10, 2012. That ended the case.

Summary Authors

Zhandos Kuderin (7/30/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4820579/parties/puello-v-citifinancial-services-inc/


Judge(s)
Attorney for Plaintiff

Cain, Kevin C. (Massachusetts)

Costello, Kevin (Massachusetts)

Attorney for Defendant

Ames, Brook L. (Massachusetts)

Borden, Katherine (Massachusetts)

Expert/Monitor/Master/Other

Aleo, Michael E. (Massachusetts)

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Documents in the Clearinghouse

Document

1:08-cv-10417

Docket [PACER]

Puello v. Citifinancial Services Inc.

Aug. 10, 2012

Aug. 10, 2012

Docket
1

1:08-cv-10417

Class Action Complaint

Puello v. Citigroup Financial Services, Inc.

March 13, 2008

March 13, 2008

Complaint
33

1:08-cv-10417

Amicus Curiae Brief of the Lawyer's Committee for Civil Rights Under Law of the Boston Bar Association

Puello v. Citigroup Financial Services, Inc.

Aug. 11, 2008

Aug. 11, 2008

Pleading / Motion / Brief
64

1:08-cv-10417

Second Amended Class Action Complaint

Harris v. Citigroup, Inc.

May 12, 2010

May 12, 2010

Complaint
80

1:08-cv-10417

Reply in Support of Plaintiff's Motion to Compel Defendants to Produce Documents

Harris v. Citigroup, Inc.

Dec. 7, 2010

Dec. 7, 2010

Complaint
127

1:08-cv-10417

Declaration of John Marsh

Harris v. Citigroup, Inc.

June 23, 2011

June 23, 2011

Declaration/Affidavit
89-1

1:08-cv-10417

Settlement Agreement

Puello v. Citigroup Financial Services, Inc.

Aug. 1, 2011

Aug. 1, 2011

Settlement Agreement
90

1:08-cv-10417

Order [Denying Preliminary Approval for Class Action Settlement]

Puello v. Citigroup Financial Services, Inc.

Dec. 22, 2011

Dec. 22, 2011

Order/Opinion
105

1:08-cv-10417

Preliminary Approval Order

Puello v. Citigroup Financial Services, Inc.

March 6, 2012

March 6, 2012

Order/Opinion
126

1:08-cv-10417

Joint Stipulation Concerning Release

Harris v. Citigroup, Inc.

Aug. 9, 2012

Aug. 9, 2012

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4820579/puello-v-citifinancial-services-inc/

Last updated Feb. 10, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000001885891, filed by Felix Puello. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 and 2)(Klein, Gary) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

2

Summons Issued as to Citifinancial Services Inc., Citigroup, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Patch, Christine) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

3

SUMMONS Returned Executed Citifinancial Services Inc. served on 3/25/2008, answer due 4/14/2008. (Klein, Gary) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

4

SUMMONS Returned Executed Citigroup, Inc. served on 3/27/2008, answer due 4/16/2008. (Klein, Gary) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

5

MOTION for Leave to Appear Pro Hac Vice for admission of Andrew S. Friedman and Wendy J. Harrison Filing fee $ 100, receipt number 01010000000001924362. by Felix Puello. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Klein, Gary) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

6

NOTICE of Appearance by Brenda R. Sharton on behalf of Citifinancial Services Inc., Citigroup, Inc. (Sharton, Brenda) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

7

STIPULATION re 1 Complaint (Joint Stipulation And Order To Extend Time To Answer, Move Or Otherwise Respond To The Complaint) by Felix Puello, Citifinancial Services Inc., Citigroup, Inc.. (Sharton, Brenda) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

8

CORPORATE DISCLOSURE STATEMENT by Citifinancial Services Inc., Citigroup, Inc.. (Sharton, Brenda) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

9

NOTICE of Appearance by Brook L. Ames on behalf of Citifinancial Services Inc., Citigroup, Inc. (Ames, Brook) (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

10

Chief Judge Mark L. Wolf: ORDER entered. re 7 Stipulation filed by Citifinancial Services Inc., Felix Puello, Citigroup, Inc. (O'Leary, Dennis) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice; Added Andrew S. Friedman for Felix Puello, Wendy J. Harrison for Felix Puello. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (O'Leary, Dennis) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

11

MOTION for Leave to Appear Pro Hac Vice for admission of Thedore V. Wells, Jr. and Joyce S. Haung Filing fee $ 100, receipt number 01010000000001934480. by Citifinancial Services Inc., Citigroup, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Ames, Brook) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice; Added Theodore V Wells for Citifinancial Services Inc. and Citigroup, Inc., Joyce S Huang for Citifinancial Services Inc. and Citigroup, Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (O'Leary, Dennis) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

12

MOTION to Dismiss by Citifinancial Services Inc., Citigroup, Inc..(Sharton, Brenda) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

13

MEMORANDUM in Support re 12 MOTION to Dismiss (Memorandum of Law in Support of Defendants' Motion to Dismiss) filed by Citifinancial Services Inc., Citigroup, Inc.. (Sharton, Brenda) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

14

DECLARATION re 13 Memorandum in Support of Motion (Declaration of Joyce S. Huang) by Citifinancial Services Inc., Citigroup, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7

May 9, 2008

May 9, 2008

15

Assented to MOTION for Extension of Time to 5/30/08 to File Response/Reply to Defendant's Motion to Dismiss by Felix Puello.(Klein, Gary) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 15 Motion for Extension of Time to File Response/Reply re 12 MOTION to Dismiss Responses due by 5/30/2008 (O'Leary, Dennis) (Entered: 05/20/2008)

May 20, 2008

May 20, 2008

16

NOTICE by Felix Puello Of Filing First Amended Class Action Complaint (Klein, Gary) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

17

First AMENDED COMPLAINT against all defendants, filed by Cesar V. Candelario, Victoria E. Candelario, Felix Puello. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Klein, Gary) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

18

CORPORATE DISCLOSURE STATEMENT by Citimortgage, Inc.. (Sharton, Brenda) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

19

STIPULATION −Joint Stipulation and Order To Extend Time To Answer, Move or Otherwise Respond to the First Amended Complaint by Citifinancial Services Inc., Citigroup, Inc., Citimortgage, Inc.. (Sharton, Brenda) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

20

Judge Chief Judge Mark L. Wolf: ELECTRONIC ENDORSEMENT re 19 Stipulation filed by Citifinancial Services Inc., Citimortgage, Inc., Citigroup, Inc. (O'Leary, Dennis) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

21

NOTICE of Appearance by Brenda R. Sharton on behalf of CitiMortgage, Inc. (Sharton, Brenda) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

22

NOTICE of Appearance by Brook L. Ames on behalf of CitiMortgage, Inc. (Ames, Brook) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

23

MOTION to Dismiss the First Amended Complaint by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc..(Sharton, Brenda) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

24

MEMORANDUM in Support re 23 MOTION to Dismiss the First Amended Complaint filed by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Sharton, Brenda) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

25

DECLARATION re 24 Memorandum in Support of Motion (Declaration of Joyce S. Huang) by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Sharton, Brenda) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

ELECTRONIC NOTICE issued requesting courtesy copy for 25 Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 7/28/2008. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

26

NOTICE of Appearance by Joyce S. Huang on behalf of CitiMortgage, Inc. (Huang, Joyce) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

27

NOTICE of Appearance by Theodore Von Wells, Jr on behalf of CitiMortgage, Inc. (Von Wells, Theodore) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

28

MOTION for Extension of Time to 8/8/2008 to File Response/Reply as to 23 MOTION to Dismiss the First Amended Complaint by Cesar V. Candelario, Victoria E. Candelario.(Klein, Gary) (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

29

Opposition re 23 MOTION to Dismiss the First Amended Complaint filed by Felix Puello, Cesar V. Candelario, Victoria E. Candelario. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Klein, Gary) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

ELECTRONIC NOTICE issued requesting courtesy copy for 29 Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 8/14/2008. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

30

Cover letter dated 8/11/08 from Michael E. Aleo to Chief Judge Wolf enclosing a Motion for Leave to File an Amicus Curiae Brief, Memorandum in Support of Motion for Leave to File and Amicus Curiae Brief, FILED. (Boyce, Kathy) (Entered: 08/14/2008)

Aug. 11, 2008

Aug. 11, 2008

32

MEMORANDUM in Support re 31 MOTION for Leave to File filed by Lawyers' Commitee for Civil Rights Under Law of the Boston Bar Association, FILED, c/s. (Boyce, Kathy) (Entered: 08/14/2008)

Aug. 11, 2008

Aug. 11, 2008

33

AMICUS BRIEF filed by Lawyers' Commitee for Civil Rights Under Law of the Boston Bar Association, FILED, c/s. (Boyce, Kathy) (Entered: 08/14/2008)

Aug. 11, 2008

Aug. 11, 2008

31

MOTION for Leave to File Amicus Brief by Lawyers' Commitee for Civil Rights Under Law of the Boston Bar Association, FILED, c/s.(Boyce, Kathy) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

34

NOTICE of Hearing on Motion 23 MOTION to Dismiss the First Amended Complaint , 12 MOTION to Dismiss : Motion Hearing set for 10/14/2008 02:30 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

35

Assented to MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Attachments: # 1 Defendants' Reply Memorandum of Law in Support of Defendants' Motion to Dismiss the First Amended Complaint)(Sharton, Brenda) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 35 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (O'Leary, Dennis) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

36

MEMORANDUM in Support re 23 MOTION to Dismiss the First Amended Complaint Leave to file granted on August 27, 2008 (Defendants' Reply Memorandum of Law in Support of Defendants' Motion to Dismiss the First Amended Complaint Leave to file granted on August 27, 2008) filed by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Sharton, Brenda) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

37

First ADDENDUM re 35 Assented to MOTION for Leave to File Reply Brief in Support of Motion to Dismiss Amicus Curiae Brief filed by Lawyers' Commitee for Civil Rights Under Law of the Boston Bar Association. (Aleo, Michael) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

38

DECLARATION Of Gary Klein For The Purpose Of Submitting Supplemental Authority Relevant To Defendants' Motion To Dismiss by Felix Puello, Cesar V. Candelario, Victoria E. Candelario. (Attachments: # 1 Exhibit 1)(Klein, Gary) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

ELECTRONIC NOTICE Canceling Hearing. The Motion Hearing/Scheduling Conference previously set for 10/14/2008 at 3:00 pm has been canceled. (O'Leary,

Oct. 3, 2008

Oct. 3, 2008

ELECTRONIC NOTICE of Hearing on Motion 31 MOTION for Leave to File, 23 MOTION to Dismiss the First Amended Complaint , 12 MOTION to Dismiss : Motion Hearing set for 3/20/2009 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

40

Assented to MOTION to Continue Hearing On Pending Motions to March 27, 2009 by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc..(Sharton, Brenda) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 40 Motion to Continue. The motion hearing will now be held on 3/30/2009 at 3:00 PM. Please mark your calendars accordingly. (O'Leary, Dennis) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

ELECTRONIC NOTICE of Hearing on Motion 31 MOTION for Leave to File, 23 MOTION to Dismiss the First Amended Complaint : Motion Hearing set for 3/30/2009 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

Electronic Clerk's Notes for proceedings held before Chief Judge Mark L. Wolf: Motion Hearing held on 3/30/2009 re 12 MOTION to Dismiss filed by Citifinancial Services Inc., Citigroup, Inc., 23 MOTION to Dismiss the First Amended Complaint filed by CitiMortgage, Inc., Citifinancial Services Inc., Citigroup, Inc., 31 MOTION for Leave to File filed by Lawyers' Commitee for Civil Rights Under Law of the Boston Bar Association. Court listens to oral arguments on the pending motions. Court grants motion to file amicus brief. finds moot motion to dismiss original complaint and denies motion to dismiss amended complaint. Court gives its reasoning from the bench. Court orders the parties to propose a schedule for the remainder of the case by 4/20/09. If necessary a scheduling conference will be held on 4/30/99 at 4:00 pm. Written order to issue. (Court Reporter: Romanow.)(Attorneys present: Counsel of Record) (O'Leary, Dennis) (Entered: 03/31/2009)

March 30, 2009

March 30, 2009

41

Chief Judge Mark L. Wolf: ORDER entered. For the reasons stated in court on March 30, 2009, it ishereby ORDERED that: 1. The Motion for Leave to File Amicus Curiae Brief by theLawyers' Committee for Civil Rights Under Law of the Boston Bar Association (Docket No. 31) is ALLOWED. 2. Defendants' Motion to Dismiss (Docket No. 12) is MOOT. 3. Defendants' Motion to Dismiss the First Amended Complaint (Docket No. 23) is DENIED. 4. The parties shall, by April 20, 2009, respond to the attached Notice of Scheduling Conference. 5. Unless otherwise ordered, a scheduling conference will be held on April 30, 2009, at 4:00 p.m. (Attachments: # 1 16b Notice) (O'Leary, Dennis) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

42

NOTICE of Hearing : Scheduling Conference set for 4/30/2009 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 03/31/2009)

March 31, 2009

March 31, 2009

43

General Order 09−1, dated January 6, 2009 regarding the E−Government Act and Personal Identifiers entered. (O'Leary, Dennis) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

44

ANSWER to 17 Amended Complaint by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc..(Sharton, Brenda) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

45

JOINT SUBMISSION pursuant to Local Rule 16.1 / Joint Statement Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 16.1 by Felix Puello, Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc., Cesar V. Candelario, Victoria E. Candelario.(Sharton, Brenda) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

46

CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Citifinancial Services Inc..(Sharton, Brenda) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

48

CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Citigroup, Inc..(Sharton, Brenda) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

49

Clerk's Notes for proceedings held before Chief Judge Mark L. Wolf: Scheduling Conference held on 4/30/2009. (Court Reporter: Romanow.) (O'Leary, Dennis) (Entered: 05/01/2009)

April 30, 2009

April 30, 2009

50

Chief Judge Mark L. Wolf: ORDER entered. SCHEDULING ORDER: Status Conference set for 4/29/2010 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. Amended Pleadings due by 7/31/2009. Discovery to be completed by 3/31/2010. (O'Leary, Dennis) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

52

CERTIFICATION pursuant to Local Rule 16.1 by Felix Puello, Cesar V. Candelario, Victoria E. Candelario.(Klein, Gary) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

53

CERTIFICATION pursuant to Local Rule 16.1 by Felix Puello, Cesar V. Candelario, Victoria E. Candelario.(Klein, Gary) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

54

MOTION to Substitute Party and Motion for Voluntary Dismissal by Joseph A. Baldi.(Cain, Kevin) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

55

MEMORANDUM in Support re 54 MOTION to Substitute Party and Motion for Voluntary Dismissal filed by Joseph A. Baldi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cain, Kevin) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

56

Opposition re 54 MOTION to Substitute Party and Motion for Voluntary Dismissal filed by Felix Puello, Cesar V. Candelario, Victoria E. Candelario. (Klein, Gary) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

57

MOTION for Leave to File Reply in Support of Motion to Substitute and Motion for Voluntary Dismissal by Joseph A. Baldi. (Attachments: # 1 Exhibit A)(Cain, Kevin) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 57 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (O'Leary, Dennis) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

58

REPLY to Response to 54 MOTION to Substitute Party and Motion for Voluntary Dismissal filed by Joseph A. Baldi. (Cain, Kevin) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

59

MOTION for Leave to File a Memorandum in Response to Plaintiffs' Opposition to Bankruptcy Trustee's Motion to Substitute and Motion for Voluntary Dismissal. by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Attachments: # 1 Exhibit A)(Ames, Brook) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

Chief Judge Mark L. Wolf: Electronic ORDER entered granting 59 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (O'Leary, Dennis) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

60

REPLY to Response to 54 MOTION to Substitute Party and Motion for Voluntary Dismissal (DEFENDANTS MEMORANDUM IN RESPONSE TO PLAINTIFFS OPPOSITION TO BANKRUPTCY TRUSTEES MOTION TO SUBSTITUTE AND MOTION FOR VOLUNTARY DISMISSAL) filed by Citifinancial Services Inc., Citigroup, Inc., CitiMortgage, Inc.. (Sharton, Brenda) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

61

STIPULATION re 50 Scheduling Order, by Felix Puello, Cesar V. Candelario, Victoria E. Candelario. (Costello, Kevin) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

Chief Judge Mark L. Wolf: Electronic ORDER entered. re 61 Joint Stipulation to extend scheduling order filed by Victoria E. Candelario, Felix Puello, Cesar V. Candelario. "Allowed."(Boyce, Kathy) (Entered: 03/18/2010)

March 17, 2010

March 17, 2010

ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 8/12/2010 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

62

Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. Accordingly, it is hereby ORDERED that:1. The Trustee's Motion to Substitute and Motion for Voluntary Dismissal (Docket No. 54) is ALLOWED. The Trustee is SUBSTITUTED for the Candelarios, and the Candelarios' individual claims against defendants are DISMISSED with prejudice. 2. If the remaining plaintiff wishes to move for leave to amend the complaint to add or substitute one or more new named plaintiffs, he shall do so by May 14 , 2010. If defendants oppose any such motion and the court has not denied the motion, they shall complete discovery concerning any proposed new plaintiff by the previously established June 26, 2010 deadline. All other deadlines remain in tact. (O'Leary, Dennis)

April 16, 2010

April 16, 2010

RECAP
63

MOTION for Leave to File Second Amended Class Action Complaint, Substitute Plaintiffs and Drop Parties (Unopposed) by Felix Puello. (Attachments: # 1 Exhibit 1)(Klein, Gary) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 63 Motion for Leave to File Second Amended Class Action Complaint, Substitute Plaintiffs and Drop Parties; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (O'Leary, Dennis) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

64

AMENDED COMPLAINT against CitiMortgage, Inc., Citigroup, Inc., filed by Shatonya Harris, Mateo Huerta, Kevin Nicholson.(Klein, Gary) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

65

MOTION for Extension of Time to Extend Scheduling Order by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1 Attachment − Gary Klein Declaration, # 2 Text of Proposed Order)(Klein, Gary) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

66

Opposition re 65 MOTION for Extension of Time to Extend Scheduling Order filed by CitiMortgage, Inc., Citigroup, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sharton, Brenda) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

ELECTRONIC NOTICE issued requesting courtesy copy for 66 Opposition to Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 6/1/2010. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (O'Leary, Dennis) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

67

ANSWER to 64 Amended Complaint (Defendants' Answer and Affirmative Defenses to Plaintiffs' Second Amended Class Action Complaint) by CitiMortgage, Inc., Citigroup, Inc..(Sharton, Brenda) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

68

MOTION for Leave to File Reply to Defendants' Opposition to Motion to Extend Scheduling Order (Unopposed) by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1 [Proposed] Reply)(Klein, Gary) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 68 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (O'Leary, Dennis) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

69

REPLY to Response to 65 MOTION for Extension of Time to Extend Scheduling Order filed by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1

June 4, 2010

June 4, 2010

Chief Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 65 Motion for Extension of Time to Extend Scheduling Order (O'Leary, Dennis) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

71

Chief Judge Mark L. Wolf: ORDER entered. SCHEDULING ORDER: Status Conference set for 2/10/2011 04:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. Discovery to be completed by 1/14/2011. Status Report due by 2/4/2011.(O'Leary, Dennis) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

72

MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof by Shatonya Harris, Mateo Huerta, Kevin Nicholson.(Klein, Gary) (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

73

Chief Judge Mark L. Wolf: ORDER entered. REFERRING CASE to Magistrate Judge Robert B. Collings Referred for: MOTION TO COMPEL Motions referred: 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof (O'Leary, Dennis) Motions referred to Robert B. Collings. (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

74

Assented to MOTION for Extension of Time to October 28, 2010 to File Response/Reply as to 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof by CitiMortgage, Inc., Citigroup, Inc..(Sharton, Brenda) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 74 Motion for Extension of Time to File Response/Reply; Responses due by 10/28/2010. (Dolan, Kathleen) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

75

Opposition re 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof filed by CitiMortgage, Inc., Citigroup, Inc.. (Sharton, Brenda) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

76

DECLARATION re 75 Opposition to Motion (Declaration of Brenda R. Sharton in Support of Defendants' Opposition to Plaintiffs' Motion to Compel Defendants to Produce Documents) by CitiMortgage, Inc., Citigroup, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sharton, Brenda) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

Magistrate Judge Robert B. Collings: ELECTRONIC PROCEDURAL ORDER entered re 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof filed by Kevin Nicholson, Mateo Huerta, Shatonya Harris. The defendants have produced a sworn affidavit by their counsel asserting that there was an agreement as to the scope of documentary evidence which the defendants were to produce, that defendants produced the agreed−upon discovery and now the plaintiffs, in derogation of the agreement, are seeking more documents. No sworn affidavit has been submitted by plaintiffs' counsel controverting these assertions. If the assertions are controverted, plaintiffs' counsel shall file a sworn affidavit or affidavits setting forth the facts which form the basis of their position. The affidavit(s) shall be filed on or before the close of business on November 12, 2010. (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

77

DECLARATION re 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Klein, Gary) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

78

MOTION for Leave to File Reply in Support of Plaintiffs' Motion to Compel Defendants to Produce Documents by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1 [Proposed] Reply)(Klein, Gary) (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered granting 78 Motion for Leave to File Document, no opposition having been filed. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Irwin, Nancy) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

80

REPLY to Response to 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof filed by Shatonya Harris, Mateo Huerta, Kevin Nicholson. (Attachments: # 1 Exhibit A)(Klein, Gary) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

ELECTRONIC NOTICE OF RESCHEDULINGThe Status Conference previously set for 2/10/2011 at 3:00 PM is now set for 2/15/2011 03:00 PM in Courtroom 10 before Chief Judge Mark L. Wolf. (O'Leary, Dennis) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

ELECTRONIC NOTICE Setting Hearing on Motion 72 MOTION to Compel Defendants to Produce Documents and Memorandum of Points and Authorities in Support Thereof : Motion Hearing set for 12/30/2010 at 11:00 AM in Courtroom 23 before Magistrate Judge Robert B. Collings. (Dolan, Kathleen) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

ELECTRONIC ENDORSEMENT re 79 Stipulation filed by Kevin Nicholson, Mateo Huerta, Shatonya Harris. ALLOWED. (O'Leary, Dennis) (Entered: 12/20/2010)

Dec. 19, 2010

Dec. 19, 2010

Case Details

State / Territory: Massachusetts

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American and Hispanic home owners, who were subject to discretionary loan pricing policy by the defendants.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Citifinancial Services Inc., Private Entity/Person

Citigroup Inc., Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 415,000.00

Order Duration: 2012 - 2012

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Issues

General:

Pattern or Practice

Predatory lending

Discrimination-area:

Disparate Impact

Lending

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic