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)

Documents in the Clearinghouse

Documents in this case

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 April 7, 2025, 1:59 p.m.

ECF Number Date Description Link
1 March 13, 2008

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)

PACER
2 March 14, 2008

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)

PACER
3 April 3, 2008

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

PACER
4 April 7, 2008

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

PACER
5 April 11, 2008

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)

PACER
6 April 14, 2008

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

PACER
7 April 14, 2008

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)

PACER
8 April 14, 2008

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

PACER
9 April 14, 2008

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

PACER
10 April 15, 2008

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)

PACER
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)

PACER
11 April 22, 2008

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)

PACER
April 30, 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)

PACER
12 May 9, 2008

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

PACER
13 May 9, 2008

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)

PACER
14 May 9, 2008

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

PACER
15 May 19, 2008

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)

PACER
May 20, 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)

PACER
16 May 21, 2008

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

PACER
17 May 21, 2008

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)

PACER
18 May 29, 2008

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

PACER
19 May 29, 2008

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)

PACER
20 May 30, 2008

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)

PACER
21 July 21, 2008

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

PACER
22 July 21, 2008

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

PACER
23 July 21, 2008

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

PACER
24 July 21, 2008

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)

PACER
25 July 21, 2008

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)

PACER
July 22, 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)

PACER
26 July 24, 2008

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

PACER
27 July 24, 2008

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

PACER
28 July 31, 2008

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)

PACER
29 Aug. 7, 2008

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)

PACER
Aug. 8, 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)

PACER
30 Aug. 11, 2008

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)

PACER
32 Aug. 11, 2008

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)

PACER
33 Aug. 11, 2008

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)

PACER
31 Aug. 14, 2008

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)

PACER
34 Aug. 19, 2008

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)

PACER
35 Aug. 26, 2008

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)

PACER
36 Aug. 27, 2008

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)

PACER
37 Aug. 27, 2008

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)

PACER
Aug. 27, 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)

PACER
38 Sept. 8, 2008

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)

PACER
Oct. 3, 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,

PACER
March 3, 2009

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)

PACER
40 March 16, 2009

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)

PACER
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)

PACER
March 17, 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)

PACER
March 30, 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)

PACER
41 March 31, 2009

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)

PACER
42 March 31, 2009

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)

PACER
43 April 15, 2009

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

PACER
44 April 15, 2009

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

PACER
45 April 20, 2009

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)

PACER
46 April 20, 2009

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

PACER
48 April 20, 2009

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

PACER
49 April 30, 2009

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)

PACER
50 May 1, 2009

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)

PACER
52 June 16, 2009

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

PACER
53 June 16, 2009

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

PACER
54 Oct. 22, 2009

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

PACER
55 Oct. 22, 2009

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)

PACER
56 Nov. 3, 2009

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)

PACER
57 Nov. 12, 2009

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)

PACER
58 Nov. 13, 2009

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)

PACER
59 Nov. 13, 2009

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)

PACER
Nov. 13, 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)

PACER
60 Nov. 24, 2009

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)

PACER
Nov. 24, 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)

PACER
61 Dec. 15, 2009

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

PACER
March 17, 2010

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)

PACER
April 1, 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)

PACER
62 April 16, 2010

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)

RECAP
63 April 30, 2010

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)

PACER
May 3, 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)

PACER
64 May 12, 2010

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

PACER
65 May 13, 2010

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)

PACER
66 May 27, 2010

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)

PACER
May 28, 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)

PACER
67 June 1, 2010

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)

PACER
68 June 2, 2010

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)

PACER
69 June 4, 2010

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

PACER
June 4, 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)

PACER
71 June 25, 2010

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)

PACER
June 25, 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)

PACER
72 Oct. 6, 2010

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)

PACER
73 Oct. 8, 2010

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)

PACER
74 Oct. 15, 2010

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)

PACER
Oct. 18, 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)

PACER
75 Oct. 27, 2010

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)

PACER
76 Oct. 27, 2010

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)

PACER
Nov. 2, 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)

PACER
77 Nov. 12, 2010

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)

PACER
78 Nov. 12, 2010

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)

PACER
80 Dec. 7, 2010

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)

PACER
Dec. 7, 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)

PACER
Dec. 15, 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)

PACER
Dec. 16, 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)

PACER
Dec. 19, 2010

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

PACER

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

Private Entity/Person

Citifinancial Services Inc.

Citigroup Inc.

Defendant Type(s):

Bank or credit provider

Case Details

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.

Other Dockets:

District of Massachusetts 1:08-cv-10417

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Amount Defendant Pays: 415,000.00

Order Duration: 2012 - 2012

Issues

General/Misc.:

Pattern or Practice

Predatory lending

Discrimination Area:

Disparate Impact

Lending

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation