Case: Edwards v. Flagstar Bank

2:95-cv-73844 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 21, 1995

Clearinghouse coding complete

Case Summary

Plaintiffs, rejected loan applicants, loan recipients who alleged that they had received less than favorable terms of credit, and a housing non-profit, filed suit in the U.S. District Court for the Eastern District of Michigan on September 21, 1995, against Flagstar Bank, alleging violations of the Fair Housing Act, 42 U.S.C. 3605, 3617; HUD Regulations, 24 C.F.R. 100.120-100.130; federal civil rights statutes, 42 U.S.C. 1981, 1982; and Michigan's state civil rights act, M.C.L. 37.2504. The ind…

Plaintiffs, rejected loan applicants, loan recipients who alleged that they had received less than favorable terms of credit, and a housing non-profit, filed suit in the U.S. District Court for the Eastern District of Michigan on September 21, 1995, against Flagstar Bank, alleging violations of the Fair Housing Act, 42 U.S.C. 3605, 3617; HUD Regulations, 24 C.F.R. 100.120-100.130; federal civil rights statutes, 42 U.S.C. 1981, 1982; and Michigan's state civil rights act, M.C.L. 37.2504. The individual plaintiffs each alleged that they had been rejected for a loan, or had received a loan on less favorable terms than received by white loan applicants, because of their race.

The non-profit entered into a settlement agreement with the Defendant on November 13, 1998, which resolved all its claims. On January 20, 2004, the settling parties reported that the settlement agreement had been successfully implemented. The report indicated that the Defendant had exceeded its commitments under the settlement agreement and provided more than $300 million in credit to minority borrowers during the period covered by the settlement agreement.

At trial on the individual plaintiffs' damages suits, the Court (District Court Judge Avern Cohn) denied the Defendant's motion for a directed verdict, finding that the plaintiffs had produced sufficient evidence for a jury to find against the Defendant on all counts. Edwards v. Flagstar Bank, 109 F. Supp. 2d 691 (E.D. Mich. 2000). After the jury found in favor of the two of the five plaintiffs, the bank appealed, and the Sixth Circuit upheld the verdict in favor of one of plaintiffs but reversed the award in favor of the other, finding that their suit was barred by the statute of limitations. Paschal v. Flagstar Bank, FSB, 295 F.3d 565 (6th Cir. 2002). The Sixth Circuit also reversed the grant of attorneys' fees as excessive, finding that the District Court could not order the Defendant-bank to pay for the attorneys' fees of unsuccessful Plaintiffs. Paschal v. Flagstar Bank, FSB, 297 F.3d 431 (6th Cir. 2002).

Summary Authors

Joshua Arocho (6/27/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2386645/parties/carson-v-flagstar-bank/


Judge(s)

Cohn, Avern Levin (Michigan)

Gilman, Ronald Lee (Tennessee)

Heyburn, John Gilpin II (Kentucky)

Attorney for Plaintiff
Attorney for Defendant

Bernard, Paul R. (Michigan)

Haberman, Rick A. (Michigan)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:95-cv-73844

Docket (PACER)

Fair Housing Center v. Flagstar Bank, et al

April 21, 2004

April 21, 2004

Docket
230

2:95-cv-73844

Decision on Post-Trial Motions

Edwards, et al v. Flagstar Bank, et al

July 19, 2000

July 19, 2000

Order/Opinion

109 F.Supp.2d 691

00-01634

Opinion

Paschal, et al v. Flagstar Bank, et al

U.S. Court of Appeals for the Sixth Circuit

July 17, 2002

July 17, 2002

Order/Opinion

295 F.3d 565

00-02164

[Opinion]

Paschal v. Flagstar Bank, FSB

U.S. Court of Appeals for the Sixth Circuit

July 17, 2002

July 17, 2002

Order/Opinion

297 F.3d 431

02-00961

Order [Denying Writ of Certiorari]

Paschal v. Flagstar Bank, FSB

Supreme Court of the United States

Feb. 24, 2003

Feb. 24, 2003

Order/Opinion

537 U.S. 1227

310

2:95-cv-73844

Report to the U.S. District Court on [] Implementation of the Settlement Agreement and Extended Settlement Agreement

Carson, et al v. Flagstar Bank, et al

Jan. 21, 2004

Jan. 21, 2004

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2386645/carson-v-flagstar-bank/

Last updated March 24, 2026, 4:56 a.m.

ECF Number Date Description Link
1 Sept. 21, 1995

COMPLAINT filed with jury demand - Receipt # 320603 - Date Fee Received: 9/22/95 (LS) (Entered: 09/25/1995)

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2 Oct. 4, 1995

SUMMONS returned executed by lst class mail on 9/29/95 - answer due 10/19/95 for First Security (mc) (Entered: 10/05/1995)

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3 Oct. 27, 1995

APPEARANCE for defendant First Security of attorney Randolph D. Phifer, with proof of mailing (RH) (Entered: 11/01/1995)

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4 Oct. 31, 1995

AMENDED complaint 1 by plaintiffs', with proof of mailing (RH) (Entered: 11/01/1995)

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5 Nov. 7, 1995

AFFIRMATIVE defenses by defendant First Security (RH) (Entered: 11/08/1995)

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6 Nov. 8, 1995

NOTICE of status conference (mc) (Entered: 11/09/1995)

RECAP
7 Nov. 13, 1995

PROOF of mailing by defendant of request for documents. (LS) (Entered: 11/14/1995)

RECAP
8 Dec. 21, 1995

PRETRIAL scheduling order by Judge Avern Cohn - deadline for discovery set for 9/30/96, deadline for filing motions set for 10/15/96, final pretrial conference set for 2:00 12/10/96, civil jury trial set for 9:00 12/17/96 (mc) (Entered: 12/29/1995)

RECAP
9 Jan. 18, 1996

MOTION by defendant First Security to compel answers to interrogaotries with brief, exhibit H, notice of hearing, attachment and proof of service (RH) (Entered: 01/19/1996)

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10 Feb. 5, 1996

BRIEF in response by plaintiffs' to motion to compel answers to interrogatories by First Security [9-1] with proof of mailing (PP) (Entered: 02/06/1996)

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11 March 8, 1996

STIPULATION and order by Judge Avern Cohn, for substitution of defendants and amendment of case caption (Flagstar Bank, FSB in stead of First Security Savings Bank, FBS) (RH) (Entered: 03/11/1996)

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12 March 13, 1996

MOTION by movant Fair Housing Ctr to intervene with brief, exhibit, notice of hearing and proof of mailing. (mc) (Entered: 03/14/1996)

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13 March 27, 1996

MOTION by movants Heath Thomas, Denise E. Muckenhirn, and Bloomfield Ctr to intervene with brief, exhibits, notice of hearing and proof of mailing. (cf) (Entered: 03/28/1996)

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14 April 5, 1996

RESPONSE by defendant Flagstar Bank FSB to motion to intervene by Fair Housing Ctr [12-1] with exhibits A,B & C with proof of mailing. (LS) (Entered: 04/05/1996)

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15 April 9, 1996

NOTICE of hearing on motion to intervene by Bloom Ctr Appraisal, Denise E. Muckenhirn, Heath Thomas [13-1], motion to intervene by Fair Housing Ctr [12-1] (mc) (Entered: 04/10/1996)

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16 April 16, 1996

REPLY by movant Fair Housing Ctr to FSB response to motion to intervene [12-1] with proof of service (RH) Modified on 04/18/1996 (Entered: 04/17/1996)

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17 May 8, 1996

NOTICE by plaintiff's attorney of change of address (PP) (Entered: 05/10/1996)

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18 May 8, 1996

SUPPLEMENTAL memorandum by plaintiffs' in support of motion to intervene by Fair Housing Ctr [12-1], with exhibit A. (PP) (Entered: 05/10/1996)

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19 May 8, 1996

PROOF of mailing by plaintiffs' of supplemental memorandum in support of Fair Housing Center's motion to interven, notice of plaintiff's attorney of change of address. (PP) (Entered: 05/10/1996)

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20 May 8, 1996

ORDER by Judge Avern Cohn granting motion to intervene by Bloom Ctr Appraisal, Denise E. Muckenhirn, Heath Thomas [13-1] (PP) (Entered: 05/10/1996)

RECAP
May 8, 1996

MOTION hearing held on motion to intervene by Fair Housing Ctr [12-1] - disposition: GRANTED - Judge Avern Cohn - Court Reporter: Tappert (jc)

21 May 14, 1996

STIPULATION and order by Judge Avern Cohn granting motion to intervene as party plaintiff by Fair Housing Ctr [12-1] (LS) (Entered: 05/15/1996)

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22 May 14, 1996

INTERVENOR'S complaint by Fair Housing Ctr against defendant Flagstar Bank FSB (LS) (Entered: 05/16/1996)

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23 May 17, 1996

DEMAND by intervenor-plaintiff Fair Housing Ctr for jury trial (cf) (Entered: 05/22/1996)

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24 May 31, 1996

DEMAND by intervenors for jury trial (lg) (Entered: 06/04/1996)

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25 June 14, 1996

AFFIRMATIVE defenses by defendant (PP) (Entered: 06/18/1996)

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26 June 17, 1996

AFFIRMATIVE defenses by defendant (PP) (Entered: 06/18/1996)

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27 June 25, 1996

ANSWER by Fair Housing Ctr to affirmative defenses by Flagstar Bank FSB [26-1] with proof of mailing. (LS) (Entered: 06/26/1996)

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28 July 15, 1996

MOTION by defendant Flagstar Bank FSB to extend time to answer plaintiffs' interrogatories and document requests with affidavit, brief and proof of mailing. (cf) (Entered: 07/16/1996)

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29 Aug. 1, 1996

STIPULATION and order by Judge Avern Cohn, extending scheduling order with proof of mailing. (PP) (Entered: 08/08/1996)

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30 Sept. 6, 1996

PROOF of mailing by defendnats of first set of interrogatories and request for documents (kg) (Entered: 09/10/1996)

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31 Nov. 22, 1996

MOTION by plaintiff to compel discovery with brief, attachments A-M and proof of mailing. (LS) (Entered: 11/25/1996)

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32 Dec. 9, 1996

WITNESS list by intervenor-plaintiff Fair Housing Ctr, with proof of service (RH) (Entered: 12/11/1996)

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33 Dec. 9, 1996

WITNESS list by defendant Flagstar Bank FSB, with proof of service (RH) (Entered: 12/11/1996)

RECAP
34 Dec. 10, 1996

RESPONSE by defendant Flagstar Bank FSB to motion to compel discovery by plaintiffs [31-1] with brief, exhibits A-D, and proof of mailing. (PP) (Entered: 12/11/1996)

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35 Dec. 11, 1996

STIPULATION and order by Judge Avern Cohn, adjourning order dates for 90 days (RH) (Entered: 12/13/1996)

RECAP
36 Dec. 12, 1996

WITNESS list by plaintiffs', with proof of service (RH) (Entered: 12/13/1996)

RECAP
37 Dec. 12, 1996

NOTICE by plaintiffs' of hearing on motion to compel discovery [31-1], with proof of service (RH) (Entered: 12/13/1996)

RECAP
38 Dec. 17, 1996

REPLY by plaintiff to response to motion to compel discovery by plaintiffs [31-1] with exhibits, and proof of mailing. (PP) (Entered: 12/24/1996)

RECAP
Dec. 18, 1996

MOTION hearing held on motion to compel discovery by plaintiffsssssssss [31-1] - disposition: resolved - Judge Avern Cohn - Court Reporter: Sheri Ward (jc)

39 Jan. 28, 1997

PROOF of mailing of re-notice of taking depositions of intervening plaintiffs, Clifford Schrupp and Marvin Thomas (RH) (Entered: 02/04/1997)

RECAP
40 Feb. 20, 1997

SUPPLEMENTAL brief by plaintiffs' regarding motion to compel discovery [31-1], with exhibits A-D (RH) (Entered: 02/21/1997)

RECAP
41 Feb. 20, 1997

TRANSCRIPT taken on 12/18/96 of motion to compel (RH) (Entered: 02/21/1997)

RECAP
42 Feb. 26, 1997

STIPULATION and order by Judge Avern Cohn, to compel discovery (LB) (Entered: 03/03/1997)

RECAP
43 April 10, 1997

NOTICE by the Court of continued status conference (RH) (Entered: 04/11/1997)

RECAP
44 May 1, 1997

MOTION by defendant Flagstar Bank FSB for protective order with brief, attachments and proof of mailing (LB) (Entered: 05/02/1997)

RECAP
45 May 15, 1997

RESPONSE by intervenor-plaintiff Fair Housing Ctr to motion for protective order by Flagstar Bank FSB [44-1] brief and exhibit A. (LS) (Entered: 05/19/1997)

RECAP
46 May 19, 1997

RESPONSE by plaintiff to motion for protective order by Flagstar Bank FSB [44-1] with brief, exhibits 1-14 and proof of mailing. (LS) (Entered: 05/21/1997)

RECAP
47 May 20, 1997

REPLY by defendant Flagstar Bank FSB to response to motion for protective order by Flagstar Bank FSB [44-1] with exhibits A-F. (LS) (Entered: 05/22/1997)

RECAP
May 21, 1997

MOTION hearing held on motion for protective order by Flagstar Bank FSB [44-1] - disposition: GRANTED - Judge Avern Cohn - Court Reporter: Sheri Ward (jc)

48 June 5, 1997

PROTECTIVE order by Judge Avern Cohn regarding Board of Director's Minutes produced in discovery and all documents shall be returned to defendant at the conclusion of this case (see order) (LS) (Entered: 06/11/1997)

RECAP
49 June 16, 1997

TRANSCRIPT taken on 05/21/97 of proceedings concerning a motion for protective order (dp) (Entered: 06/17/1997)

RECAP
50 July 17, 1997

NOTICE by court of final pretrial conference (kg) (Entered: 07/18/1997)

RECAP
51 Aug. 11, 1997

MOTION by defendant Flagstar Bank FSB to compel answers to discovery with brief, exhibits, notice of hearing and proof of mailing (lg) (Entered: 08/12/1997)

RECAP
52 Aug. 19, 1997

AMENDED WITNESS list by defendant Flagstar Bank FSB f/k/a First Security Savings Bank, with proof of service (RH) (Entered: 08/20/1997)

RECAP
Aug. 27, 1997

MOTION hearing not held on motion to compel answers to discovery by Flagstar Bank FSB [51-1] - Judge Avern Cohn (jc)

53 Sept. 2, 1997

MOTION by defendant Flagstar Bank FSB for partial summary judgment with brief, exhibits A-Q and proof of mailing. (LS) (Entered: 09/02/1997)

RECAP
54 Sept. 11, 1997

AMENDED proof of mailing by defendant of motion for partial summary judgment (LS) (Entered: 09/12/1997)

RECAP
55 Oct. 3, 1997

STIPULATION and order by Judge Avern Cohn, extending discovery (RH) (Entered: 10/06/1997)

RECAP
56 Jan. 5, 1998

STIPULATED protective order by Judge Avern Cohn. (cf) (Entered: 01/07/1998)

RECAP
57 Feb. 20, 1998

STIPULATION and order by Judge Avern Cohn, extending discovery cut-off date (kg) (Entered: 02/24/1998)

RECAP
58 March 4, 1998

ORDER of substitution for intervenor-plaintiff Fair Housing Ctr of attorney Thomas E. Marshall in place of attorney Victoria Roberts for Fair Housing Ctr with consent (dh) (Entered: 03/10/1998)

RECAP
59 April 9, 1998

STIPULATION and order by Judge Avern Cohn extending deadline for discovery set for 5/29/98, deadline for filing dispositive motions set for 6/15/98, final pretrial conference set for 2:00 7/28/98, civil jury trial set for 9:00 8/31/98 (dp) (Entered: 04/13/1998)

RECAP
60 May 28, 1998

NOTICE of status conference (lg) (Entered: 05/29/1998)

RECAP
61 June 22, 1998

ORDER by Judge Avern Cohn with stipulation to withdraw the jury demand filed on behalf of plaintiff the Fair Housing Center of Metropolitan Detroit (LS) (Entered: 06/23/1998)

RECAP
62 June 30, 1998

RESPONSE by plaintiffs Theresa Weld-Wallis, William E. Weld-Wallis, Janice Nobiski, Gerald Paschal, Paquita Davis, Audra Carson, Michael Nobiski, Daniel Nicholas, and Regina Nicholas to motion for partial summary judgment by Flagstar Bank FSB [53-1] with exhibits 1-22 and proof of mailing (pages 5-6 were filed under seal) (nh) Modified on 09/11/2001 (Entered: 06/30/1998)

RECAP
63 June 30, 1998

EXHIBITS 23-43 filed by plaintiffs Theresa Weld-Wallis, William E. Weld-Wallis, Janice Nobiski, Gerald Paschal, Paquita Davis, Audra Carson, Michael Nobiski, Daniel Nicholas, and Regina Nicholas (nh) (Entered: 06/30/1998)

RECAP
64 June 30, 1998

OBJECTIONS by defendant Flagstar Bank FSB to plaintiffs untimely response [62-1] to the motion for partial summary judgment with proof of mailing. (LS) (Entered: 07/01/1998)

RECAP
65 July 1, 1998

ORDER by Judge Avern Cohn extending discovery (LS) (Entered: 07/02/1998)

RECAP
66 July 1, 1998

SUPPLEMENTAL brief by defendant Flagstar Bank FSB to objections by Flagstar Bank FSB [64-1] with proof of mailing (nh) (Entered: 07/06/1998)

RECAP
67 July 1, 1998

ANSWER (titled "reply") by plaintiffs' to objections by Flagstar Bank FSB [64-1] to plaintiffs' response to defendant's motion for partial summary judgment with proof of service via facsimile. (cf) (Entered: 07/07/1998)

RECAP
68 July 1, 1998

APPLICATION (ex parte) by plaintiffs' for entry of order sealing plaintiffs' response to defendant's motion for partial summary judgment . (no brief) (cf) (Entered: 07/07/1998)

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69 July 1, 1998

AFFIDAVIT of Martin M. Wing, Ph.D. with attachments. (cf) (Entered: 07/07/1998)

RECAP
July 1, 1998

SUPPLEMENTAL objections by defendant Flagstar Bank FSB to response to motion for partial summary judgment by Flagstar Bank FSB [53-1] with proof of mailing (nh) Modified on 07/06/1998

July 1, 1998

MOTION hearing held on motion for partial summary judgment by Flagstar Bank FSB [53-1] - disposition: t.u.a. - Judge Avern Cohn - Court Reporter: Sheri Ward (jc)

70 July 13, 1998

PROOF of mailing of proposed order of judgment regarding defendant's motion for partial summary judgment. (cf) (Entered: 07/14/1998)

RECAP
71 July 14, 1998

LETTER to the court by plaintiffs in reply to the July 9, 1998 letter to the court of defendant Flagstar Bank, FSB, regarding Paschals claims, and attachments A-I (LS) Modified on 09/11/2001 (Entered: 07/15/1998)

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72 July 20, 1998

AMENDED witness list by plaintiffs (dh) Modified on 07/21/1998 (Entered: 07/21/1998)

RECAP
73 July 20, 1998

PROOF of mailing by plaintiffs of plaintiffs' fifith document requests and amended witness list (dh) (Entered: 07/21/1998)

RECAP
July 28, 1998

MOTION hearing held on certain discovery problems - Judge Avern Cohn - Court Reporter: Sheri Ward (jc)

74 Aug. 4, 1998

WITNESS list (second amended) by plaintiffs' with proof of mailing. (cf) (Entered: 08/04/1998)

RECAP
75 Aug. 14, 1998

MEMORANDUM opinion and order by Judge Avern Cohn granting in part and denying in part motion for partial summary judgment by Flagstar Bank FSB [53-1] and the Weld-Wallises, the Nobliskis, and the Nicholases are dismissed as plaintiffs (nh) (Entered: 08/17/1998)

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76 Aug. 19, 1998

OBJECTIONS by defendant Flagstar Bank FSB to witness list by plaintiff [74-1], witness list by plaintiff [72-1] with proof of mailing (dh) (Entered: 08/20/1998)

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77 Aug. 24, 1998

SECOND AMENDED WITNESS list by plaintiffs with proof of mailing (lg) (Entered: 08/25/1998)

RECAP
78 Sept. 2, 1998

PROOF of mailing of objection to sixth request for production of documents. (cf) (Entered: 09/03/1998)

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79 Sept. 14, 1998

PROOF of mailing by defendant of ojection to seventh request for production of documents (kg) (Entered: 09/15/1998)

RECAP
Nov. 3, 1998

SETTLEMENT conference held - Judge Patrick J. Duggan (mo)

80 Nov. 6, 1998

NOTICE by court of status conference set for 2:00 11/24/98 with proof of mailing (kg) (Entered: 11/10/1998)

RECAP
81 Nov. 13, 1998

NOTICE by court setting status conference for 2:30 12/1/98 with proof of mailing (dh) (Entered: 11/16/1998)

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82 Nov. 17, 1998

ORDER by Judge Avern Cohn prohibiting disclosure of settlement. (cf) (Entered: 11/18/1998)

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90 Dec. 8, 1998

PRETRIAL scheduling order by Judge Avern Cohn - setting deadline for discovery for 3/1/99, setting final pretrial conference for 2:00 4/20/99,, setting civil jury trial for 9:00 5/3/99 (LS) (Entered: 02/19/1999)

RECAP
83 Jan. 20, 1999

MOTION by defendant Flagstar Bank FSB for partial summary judgment with brief, attachments, exhibits, affidavit, notice of hearing and proof of mailing (kg) (Entered: 01/22/1999)

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84 Feb. 16, 1999

RESPONSE by plaintiff Paquita Davis to second motion for partial summary judgment by Flagstar Bank FSB [83-1] (LS) (Entered: 02/17/1999)

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85 Feb. 16, 1999

RESPONSE by plaintiff Audra Carson to second motion for partial summary judgment by Flagstar Bank FSB [83-1] (LS) (Entered: 02/17/1999)

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86 Feb. 16, 1999

MEMORANDUM by Paquita Davis, Audra Carson in support of motion responses [85-1] and [84-1] to defendant's second motion for partial summary judgment (LS) (Entered: 02/17/1999)

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87 Feb. 16, 1999

PROOF of mailing by Paquita Davis, Audra Carson of pleadings 84-86 (LS) (Entered: 02/17/1999)

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88 Feb. 16, 1999

RESPONSE by Heath Thomas to second motion for partial summary judgment by Flagstar Bank FSB [83-1] (LS) (Entered: 02/18/1999)

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89 Feb. 18, 1999

NOTICE by the court of a hearing on motion for partial summary judgment by Flagstar Bank FSB [83-1] for 2:00 3/31/99 with proof of mailing (LS) (Entered: 02/19/1999)

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91 March 10, 1999

SUBPOENA returned executed by process server on 3/1/99 as to David Reed for attendance at a deposition. (cf) (Entered: 03/11/1999)

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92 March 12, 1999

EXHIBITS filed by Paquita Davis, Audra Carson, Heath Thomas regarding the responses to defendant's second motion for partial summary judgment (dh) (Entered: 03/15/1999)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Sept. 21, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight pairs of African Americans prospective home mortgagors who allege racially discriminatory mortgage lending.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Flagstar Bank

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1982

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

Other Dockets:

Eastern District of Michigan 2:95-cv-73844

U.S. Court of Appeals for the Sixth Circuit 00-01634

U.S. Court of Appeals for the Sixth Circuit 00-02164

Supreme Court of the United States 02-961

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1998 - 2007

Issues

General/Misc.:

Funding

Discrimination Area:

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

Race, unspecified

Recommended Citation