United States of America v. Countrywide Financial Corporation et al

Filing 20

AMENDED CONSENT ORDER by Judge Philip S. Gutierrez (see document for further details). Related to: NOTICE OF MOTION AND MOTION to Reopen Case to Extend Consent Order 18 . (bm)

LORETTA E. LYNCH
1 Attorney General
VANITA GUPTA
2 Principal Deputy Assistant Attorney General
Civil Rights Division
3 STEVEN H. ROSENBAUM
Chief
4 JON M. SEWARD
Deputy Chief
5 PATRICIA L. O’BEIRNE
E-mail: Patricia.O’[e-mail]
6 BURTIS M. DOUGHERTY
E-mail: [e-mail]
7 Trial Attorneys
Housing and Civil Enforcement Section
8 Civil Rights Division
U.S. Department of Justice
9 950 Pennsylvania Avenue, N.W. - G Street
Washington, DC 20530
10 Tel: [phone]
Fax: [phone]
11 EILEEN M. DECKER
United States Attorney
12 LEON W. WEIDMAN
Chief, Civil Division
13 SEKRET SNEED
Assistant United States Attorney
14 Calif. Bar No. 217193
E-mail: [e-mail]
15 Federal Building, Suite 7516
300 North Los Angeles Street
16 Los Angeles, CA 90012
Tel: [phone]
17 Fax: [phone]
Attorneys for Plaintiff
18 United States of America

E-FILED- 1/25/16
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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21 UNITED STATES OF AMERICA,
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Plaintiff,
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v.

24 COUNTRYWIDE FINANCIAL
25 CORPORATION; and COUNTRYWIDE
HOME LOANS, INC;
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Defendants.

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NO. 2:11-cv-10540-PSG-AJW

[PROPOSED] AMENDED
CONSENT ORDER

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Pursuant to Paragraph 19 of the 2011 Consent Order entered in this action on

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2 December 28, 2011, and the joint request of the parties, the 2011 Consent Order is
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hereby amended as follows:

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1.

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extended by one (1) year, to December 30, 2016.

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2.

The provisions of Paragraphs 12 through 17, 20, 21, 26, and 27 are

Defendants have satisfied the requirements of the remaining provisions of

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the 2011 Consent Order, and those provisions shall expire as originally scheduled

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on December 28, 2015.

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3.

As of December 15, 2015, over $305 million has been distributed to

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aggrieved persons from the Settlement Fund. Within sixty (60) days of the entry

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of this Amended Order, Defendants shall present a proposal to this Court for the

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distribution of $15,000,000.00 (fifteen million dollars) to one or more

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organizations in accordance with the provisions of Paragraph 15 of the 2011

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Consent Order. The parties agree that this distribution will leave sufficient funds

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to compensate all remaining identified aggrieved persons who are participating in

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this settlement.

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Paragraph 15 provides that any funds remaining that were designated for Illinois
borrowers pursuant to Paragraph 9 of the 2011 Consent Order should be distributed to
qualified organization(s) located in Illinois. However, the parties agree that all funds
designated for Illinois borrowers will have been distributed as part of the payment of the
claims of individual qualified aggrieved persons. Accordingly, there is no specific
amount of remaining funds that must be made to qualified organization(s) located in
Illinois.

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4.

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Court for the distribution of all money remaining in the Settlement Fund. That

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No later than October 14, 2016, Defendants shall present a proposal to this

distribution will follow the completion of the payment of all claims to identified

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aggrieved persons, in accordance with the provisions of Paragraph 15 of the 2011

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Consent Order.

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5.

For each recipient of funds provided pursuant to Paragraph 15 of the 2011

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Consent Order, the Defendants must obtain that recipient’s agreement to use the
funds consistent with the terms of the 2011 Consent Order. The Defendants must
reserve rights of recourse against any such recipient which may be exercised if

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the Defendants determine that the funds have not been utilized consistent with the

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Order.

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6.

As provided in Paragraph 15 of the 2011 Consent Order, Defendants shall

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require each recipient of funds to submit to Defendants and the United States a

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detailed report explaining how it utilized the funds. Each recipient of funds must

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deliver its respective report(s) to the Defendants and the United States no later

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than one year after the date on which it receives any such funds. The parties

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recognize that such reports may be delivered after the expiration of the Amended

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Consent Order.

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So ORDERED, this _____ day of _____________________, 20___.
January
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PHILIP S. GUTIERREZ

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__________________________________
UNITED STATES DISTRICT JUDGE

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8 The undersigned apply for and consent to the entry of this Order.
9 For Plaintiff United States:
10 EILEEN M. DECKER
11 United States Attorney

VANITA GUPTA
Principal Deputy Assistant Attorney
General

12 _/s/Leon Weidman____________
13 LEON WEIDMAN
Chief, Civil Division
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STEVEN H. ROSENBAUM
Chief

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JON M. SEWARD
Deputy Chief

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SEKRET SNEED_
Assistant United States Attorney
Calif. Bar No. 217193
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, CA 90012
Email: [e-mail]
Phone: [phone]
Fax: [phone]

__/s/Patricia L. O’Beirne______
BURTIS M. DOUGHERTY
PATRICIA L. O’BEIRNE
Trial Attorneys
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
950 Pennsylvania Avenue, NW – NWB
Washington, DC 20530
Email: [e-mail]
Email: Patricia.O’[e-mail]
Phone: [phone]
Fax: [phone]

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1 For All Defendants:
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3 __/s/Kevin S. Asfour___________
4 Kevin S. Asfour
K&L Gates LLP
5 10100 Santa Monica Blvd., 7th Floor
6 Los Angeles, CA 90067
Phone: [phone]
7 Fax: [phone]
8 [e-mail]
Counsel for Defendants
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