Case: Cooley v. Sterling Bank

2:02-cv-01069 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 17, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On September 17, 2002, plaintiff, a 66-year-old African-American, filed suit in the U.S. District Court for the Middle District of Alabama, alleging violations of 42 U.S.C. § 1981; the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691; and the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq. Plaintiff, a residential real estate landlord, alleged that the defendant-bank wrongfully denied him an unsecured line of credit on the basis of plaintiff's race. Plaintiff sought money damages and was …

On September 17, 2002, plaintiff, a 66-year-old African-American, filed suit in the U.S. District Court for the Middle District of Alabama, alleging violations of 42 U.S.C. § 1981; the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691; and the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq. Plaintiff, a residential real estate landlord, alleged that the defendant-bank wrongfully denied him an unsecured line of credit on the basis of plaintiff's race. Plaintiff sought money damages and was represented by private counsel.

Plaintiff originally included the Federal Deposit Insurance Corporation (FDIC) as a defendant in the case, but after the FDIC filed a Motion to Dismiss on March 10, 2003, plaintiff filed a Second Amended Complaint excluding the FDIC as a defendant.

U.S. District Court Judge W. Harold Albritton III granted the defendant-bank's Motion for Summary Judgment on September 4, 2003. Cooley v. Sterling Bank, 280 F. Supp. 2d 1331 (M.D. Ala. 2003). Judge Albritton found that "the Plaintiff has not proven a prima facie case of credit discrimination due to the absence of sufficient evidence to establish that Sterling approved loans for applicants outside of the plaintiff's protected class with similar loan qualifications." Cooley, 280 F. Supp. 2d at 1344. The Eleventh Circuit affirmed without opinion on July 16, 2004. Cooley v. Sterling Bank, 116 Fed. Appx. 242 (11th Cir. 2004).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Albritton, William Harold III (Alabama)

Walker, Susan Russ (Alabama)

Attorneys(s) for Plaintiff

Davis, Greg Louis (Alabama)

Hannan, Daniel Alexander (Alabama)

Attorneys(s) for Defendant

Bailey, Dennis R. (Alabama)

Cope, Charles L. (District of Columbia)

Goodman, Larry L. (District of Columbia)

Huffaker, R. Austin Jr. (Alabama)

Lichtman, Phillip Keith (Alabama)

Ward, Robert Charles Jr. (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Walker, Susan Russ (Alabama)

Attorneys(s) for Plaintiff

Davis, Greg Louis (Alabama)

Hannan, Daniel Alexander (Alabama)

Attorneys(s) for Defendant

Bailey, Dennis R. (Alabama)

Cope, Charles L. (District of Columbia)

Goodman, Larry L. (District of Columbia)

Huffaker, R. Austin Jr. (Alabama)

Lichtman, Phillip Keith (Alabama)

Ward, Robert Charles Jr. (Alabama)

Documents in the Clearinghouse

Document

2:02-cv-01069

Docket [PACER]

Aug. 18, 2004

Aug. 18, 2004

Docket
1

2:02-cv-01069

Complaint

Sept. 17, 2002

Sept. 17, 2002

Complaint
8

2:02-cv-01069

Defendant, Sterling Bank's Answer to Plaintiff's Complaint

Oct. 23, 2002

Oct. 23, 2002

Pleading / Motion / Brief
27

2:02-cv-01069

Second Amended Complaint

April 8, 2003

April 8, 2003

Complaint
25

2:02-cv-01069

[Order Granting FDIC's] Motion to Dismiss

April 8, 2003

April 8, 2003

Order/Opinion
48

2:02-cv-01069

Order [Granting Plaintiff's Motion to Compel]

June 27, 2003

June 27, 2003

Order/Opinion
72

2:02-cv-01069

Memorandum Opinion and Order

280 F.Supp.2d 1331

Sept. 4, 2003

Sept. 4, 2003

Order/Opinion

03-14727

[Decision Affirmed]

U. S. Court of Appeals for the Eleventh Circuit

116 Fed.Appx. 242

July 16, 2004

July 16, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # 93939 (vmc) (Entered: 09/25/2002)

Sept. 17, 2002

Sept. 17, 2002

1

DEMAND for jury trial by Nash J. Cooley (vmc) (Entered: 09/25/2002)

Sept. 17, 2002

Sept. 17, 2002

2

SUMMONS issued for Sterling Bank; summons and complaint mailed by cmrrr to named dft (vmc) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

NOTICE of Assignment to a United States Magistrate Judge sent to Counsel for Nash J. Cooley. (vmc) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

file referred to Judge McPherson (vmc) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

3

RETURN RECEIPT CARD showing service of summons and complaint on Laura Keener on 9/27/02 for Sterling Bank . Answer due on 10/17/02 for Sterling Bank (vmc) (Entered: 09/30/2002)

Sept. 30, 2002

Sept. 30, 2002

file referred to Judge Walker (vmc) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

4

NOTICE of Attorney Appearance for Sterling Bank by Philip Keith Lichtman, Dennis R. Bailey (vmc) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

5

MOTION by Sterling Bank for Extension of Time to respond to complaint referred to Mag. Judge Susan R. Walker (vmc) (Entered: 10/16/2002)

Oct. 15, 2002

Oct. 15, 2002

NOTICE of Assignment to a United States Magistrate Judge sent to Counsel for Sterling Bank . (vmc) (Entered: 10/16/2002)

Oct. 16, 2002

Oct. 16, 2002

6

Stamped ORDER granting [5-1] motion for Extension of Time to respond to complaint reset Answer deadline to 10/23/02 for Sterling Bank ( by Mag. Judge Susan R. Walker ) , copies provided to counsel. (vmc) (Entered: 10/17/2002)

Oct. 17, 2002

Oct. 17, 2002

CASE reassigned to Judge W. H. Albritton III (vmc) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

REFERRAL JUDGE assigned to Mag. Judge Susan R. Walker (vmc) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

7

NOTICE of Attorney Appearance for Sterling Bank by Robert Charles Ward Jr. (vmc) (Entered: 10/23/2002)

Oct. 22, 2002

Oct. 22, 2002

file referred to Judge Albritton (vmc) (Entered: 10/23/2002)

Oct. 23, 2002

Oct. 23, 2002

8

ANSWER to Complaint by Sterling Bank , referred to Judge W. H. Albritton III (vmc) (Entered: 10/24/2002)

Oct. 23, 2002

Oct. 23, 2002

9

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 11/7/02 Planning Meeting report due on 11/7/02 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 10/24/2002)

Oct. 24, 2002

Oct. 24, 2002

10

Rule 26(f) REPORT; referred to Judge Albritton (vmc) (Entered: 11/08/2002)

Nov. 7, 2002

Nov. 7, 2002

11

SCHEDULING ORDER setting Pretrial Conference for 9/9/03 before Judge W. H. Albritton III Motion Filing deadline on 6/12/03 ; Discovery cutoff 8/4/03 ; jury trial set for 10/20/03 before Judge W. H. Albritton III; set amended pleading deadline for 1/12/03 for the plaintiff and 2/16/03 for the dft ( signed by Judge W. H. Albritton III ) , copies provided to counsel; furn: yg war el md. (vmc) (Entered: 11/12/2002)

Nov. 12, 2002

Nov. 12, 2002

12

ORDER reset Jury Trial 10/27/03 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ) , copies provided to counsel; furn: el hc yg. (vmc) (Entered: 12/20/2002)

Dec. 20, 2002

Dec. 20, 2002

13

MOTION by Nash J. Cooley to Amend [1-1] complaint ; (w/proposed amended complaint attached) referred to Judge W. H. Albritton III (vmc) (Entered: 02/03/2003)

Jan. 31, 2003

Jan. 31, 2003

14

ORDER granting [13-1] motion to Amend [1-1] complaint ( signed by Judge W. H. Albritton III), copies provided to counsel. (vmc) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

15

AMENDED COMPLAINT by Nash J. Cooley against Synovus Financial, FDIC amending [1-1] complaint; jury demand; (vmc) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

16

SUMMONS issued for Synovus Financial, FDIC; summons and amended complaint mailed by cmrrr to named dfts (vmc) (Entered: 02/03/2003)

Feb. 3, 2003

Feb. 3, 2003

17

RETURN RECEIPT CARD showing service of summons and amended complaint on Fred Harris on 2/7/03 for Synovus Financial. Answer due on 2/27/03 for Synovus Financial (vmc) (Entered: 02/13/2003)

Feb. 12, 2003

Feb. 12, 2003

18

Response/ANSWER by Sterling Bank to amended complaint referred to Judge W. H. Albritton III (vmc) (Entered: 02/18/2003)

Feb. 14, 2003

Feb. 14, 2003

19

Response/ANSWER by Synovus Financial (Attorney Dennis R. Bailey, Robert Charles Ward Jr., Philip Keith Lichtman) to amended complaint referred to Judge W. H. Albritton III (vmc) (Entered: 02/26/2003)

Feb. 25, 2003

Feb. 25, 2003

21

MEMORANDUM by FDIC in support of [20-1] motion to Dismiss by FDIC referred to Judge W. H. Albritton III (vmc) (Entered: 03/12/2003)

March 10, 2003

March 10, 2003

22

ORDER TO SHOW CAUSE as to why dft's FDIC's motion to dismiss should not be granted: Response to Order to Show Cause due on 4/2/03 for Nash J. Cooley set reply brief deadline for 4/9/03 for FDIC [20-1] motion to Dismiss by FDIC set for submission on 4/9/03 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

23

RESPONSE by Nash J. Cooley to [20-1] motion to Dismiss by FDIC referred to Judge W. H. Albritton III (vmc) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

23

Second MOTION by Nash J. Cooley to Amend [1-1] complaint ; (w/proposed second amended complaint attached) referred to Judge W. H. Albritton III (vmc) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

24

MOTION by Nash J. Cooley for Extension of Time to name experts referred to Judge W. H. Albritton III (vmc) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

25

Stamped ORDER granting [20-1] motion to Dismiss ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

26

Stamped ORDER granting [23-1] motion to Amend [1-1] complaint ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

27

Second AMENDED COMPLAINT by Nash J. Cooley amending [1-1] complaint; jury demand (vmc) (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

28

Stamped ORDER granting [24-1] motion for Extension of Time to name experts ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 04/08/2003)

April 8, 2003

April 8, 2003

29

MOTION by Sterling Bank, Synovus Financial to Strike expert testimony ; (w/attach) referred to Judge W. H. Albritton III (vmc) (Entered: 04/18/2003)

April 18, 2003

April 18, 2003

30

ORDER TO SHOW CAUSE as to why dft's motion to strike expert testimony should not be granted: Response to Order to Show Cause due on 4/28/03 for Nash J. Cooley ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

31

MOTION by Sterling Bank for P. Keith Lichtman to Withdraw as counsel for defendant referred to Judge W. H. Albritton III (vmc) (Entered: 04/28/2003)

April 25, 2003

April 25, 2003

32

RESPONSE by Nash J. Cooley to [29-1] motion to Strike expert testimony by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

33

ORDER set reply brief deadline for 5/9/03 for Synovus Financial, for Sterling Bank ; Counsel should attempt to resolve this matter by agreement, if possible, before the filing of the reply ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

35

NOTICE of Resolution of Matter by Agreement by Sterling Bank, Synovus Financial; (w/attachments) referred to Judge Albritton (vmc) Modified on 05/07/2003 (Entered: 05/07/2003)

May 6, 2003

May 6, 2003

36

ORDER extending deadline for defendant to exchange expert witness information by five days; denying as moot [29-1] motion to Strike expert testimony (signed by Judge W. H. Albritton III), copies provided to counsel. (ajr) (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

37

NOTICE of Attorney Appearance for Nash J. Cooley by Greg L. Davis (vmc) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

38

NOTICE of Attorney Appearance for Sterling Bank, Synovus Financial by R. Austin Huffaker Jr. (vmc) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

39

OBJECTION by Sterling Bank, Synovus Financial to Plaintiff's Exhibit List; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

40

MOTION by Sterling Bank, Synovus Financial for Summary Judgment [EXHIBITS A-F maintained in separate binder]; referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

41

BRIEF by Sterling Bank, Synovus Financial in support of [40-1] motion for Summary Judgment referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

June 9, 2003

June 9, 2003

42

ORDER [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 7/8/03 set Brief deadline to 7/1/03 , set reply brief deadline for 7/8/03 for Synovus Financial, for Sterling Bank ( signed by Judge W. H. Albritton III ) , copies provided to counsel . (vmc) (Entered: 06/10/2003)

June 10, 2003

June 10, 2003

43

MOTION by Nash J. Cooley for Extension of Time to file its respsonse to dfts' motion for summary judgment referred to Judge W. H. Albritton III (vmc) (Entered: 06/18/2003)

June 17, 2003

June 17, 2003

44

MOTION by Nash J. Cooley to Compel referred to Mag. Judge Susan R. Walker (vmc) (Entered: 06/18/2003)

June 17, 2003

June 17, 2003

45

ORDER Defendants' Response to Motion set to 7/7/03 for [44-1] motion to Compel ( signed by Mag. Judge Susan R. Walker ) , copies provided to counsel. (vmc) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

46

Witness list by Sterling Bank; referred to Judge Albritton (vmc) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

46

Exhibit list by Sterling Bank; referred to Judge Albritton (vmc) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

47

ORDER setting Telephone Conference for 10:00 6/24/03 before Mag. Judge Susan R. Walker (signed by Mag. Judge Susan R. Walker), copies provided to counsel, JT, HC, YG. (ajr) (Entered: 06/23/2003)

June 23, 2003

June 23, 2003

49

PROTECTIVE ORDER that the following procedures and provisions shall govern pla anddfts for material info produced in this action, as set forth as further set out in order ( signed by Mag. Judge Susan R. Walker ) , copies provided to counsel. (vmc) (Entered: 06/27/2003)

June 27, 2003

June 27, 2003

50

ORDER granting [43-1] motion for Extension of Time to file its respsonse to dfts' motion for summary judgment Plaintiff's Response to Motion reset to 7/18/03 for [40-1] motion for Summary Judgment , reset reply brief deadline for 7/25/03 for Synovus Financial, for Sterling Bank [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 7/25/03 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

51

MOTION by Nash J. Cooley for extension of time to respond to defendant's motion for summary judgment referred to Judge W. H. Albritton III (djy) (Entered: 07/16/2003)

July 15, 2003

July 15, 2003

52

ORDER granting [51-1] motion for extension of time to respond to defendant's motion for summary judgment Response to Motion reset to 8/1/03 for [40-1] motion for Summary Judgment , reset reply brief deadline for 8/8/03 for Synovus Financial, for Sterling Bank [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 8/8/03 ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

53

MOTION by Nash J. Cooley for extension of time to file plaintiff's response to defendants' motion for summary judgment referred to Judge W. H. Albritton III (vmc) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

54

MOTION by Nash J. Cooley to determine whether plaintiff should have topay defendants' attorney fees for producing discovery documents referred to Judge W. H. Albritton III (vmc) (Entered: 07/28/2003)

July 25, 2003

July 25, 2003

55

Stamped ORDER granting [53-1] motion for extension of time to file plaintiff's response to defendants' motion for summary judgment Plaintiff's Response to Motion reset to 8/11/03 for [40-1] motion for Summary Judgment ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

** Renoticed document [55-2] order (did not pick parties) (vmc) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

Motion(s) referred to Mag. Judge Susan R. Walker : [54-1] motion to determine whether plaintiff should have to pay defendants' attorney fees for producing discovery documents (vmc) (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

56

ORDER directing the defendants to file a response; Response to Motion set to 8/15/03 for [54-1] motion to determine whether plaintiff should have to pay defendants' attorney fees ( signed by Mag. Judge Susan R. Walker ) , copies provided to counsel. (cc) (Entered: 08/06/2003)

Aug. 6, 2003

Aug. 6, 2003

57

ORDER set Scheduling Order Deadlines: Pretrial Conference for 11:00 9/9/03 before Judge W. H. Albritton III ; Proposed Pretrial Order due 9/5/03 ; Jury Trial set for 10/27/03 before Judge W. H. Albritton III ; ( signed by Judge W. H. Albritton III ) , copies provided to counsel; furn: yg hc war el. (vmc) (Entered: 08/11/2003)

Aug. 11, 2003

Aug. 11, 2003

58

MOTION by Sterling Bank, Synovus Financial for Extension of Time to file dft's reply to pla's response to dft's motion for summary jgm. referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

59

MOTION by Nash J. Cooley to Strike the affidavit of F.J. Smyser referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

60

RESPONSE by Nash J. Cooley to [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

61

RESPONSE by Nash J. Cooley to [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank; [EXHIBITS MAINTAINED IN SEPARATE BINDER Vol.1 and Vol. 2] referred to Judge W. H. Albritton III (vmc) Modified on 08/12/2003 (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

62

Stamped ORDER granting [58-1] motion for Extension of Time to file dft's reply to pla's response to dft's motion for summary jgm. reset reply brief deadline for 8/18/03 for Synovus Financial, for Sterling Bank ( by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 08/12/2003)

Aug. 12, 2003

Aug. 12, 2003

63

RESPONSE by Sterling Bank, Synovus Financial to [54-1] motion to determine whether plaintiff should have topay defendants' attorney fees for producing discovery documents by Nash J. Cooley (w/attachments) referred to Judge W. H. Albritton III (vmc) Modified on 08/14/2003 (Entered: 08/14/2003)

Aug. 13, 2003

Aug. 13, 2003

64

MOTION by Nash J. Cooley to substitute original copy ; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/18/2003)

Aug. 15, 2003

Aug. 15, 2003

65

ORDER granting [64-1] motion to substitute original copy ( signed by Judge W. H. Albritton III ) , copies provided to counsel. (vmc) (Entered: 08/18/2003)

Aug. 18, 2003

Aug. 18, 2003

66

Reply EVIDENTIARY SUBMISSION by Sterling Bank, Synovus Financial in support of [40-1] motion for Summary Judgment [EXHIBIT G - Volume 1, 2, & 3; EXHIBITS H-M MAINTAINED IN SEPARATE BINDERS] referred to Judge W. H. Albritton III . (vmc) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

67

REPLY by Nash J. Cooley to [63-1] motion response by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

68

REPLY by Sterling Bank, Synovus Financial to [67-1] brief reply by Nash J. Cooley referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

69

MOTION by Sterling Bank, Synovus Financial to Strike legal conclusions asserted by the "expert" for the pla in opposition to the motion for sum. jgm; and strike legal conclusions or factual conclusions asserted by lay witness Greg Calhoun, etc. ; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

Aug. 18, 2003

Aug. 18, 2003

70

Supplemental REPLY by Nash J. Cooley to [68-1] brief reply by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 08/21/2003)

Aug. 20, 2003

Aug. 20, 2003

71

MOTION by Nash J. Cooley to Strike the affidavit of Robert R. Ramsey referred to Judge W. H. Albritton III (vmc) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

72

MEMORANDUM OPINION AND ORDER (1) denying as moot [59-1] motion to Strike the affidavit of F.J. Smyser; denying as moot [71-1] motion to Strike the affidavit of Robert R. Ramsey; 2) granting [69-1] motion to Strike legal conclusions, etc. with respect to the statements made by Gregory Calhoun that are not based on his personal knowledge, and the statements made by Charles L. "Rusty" Williams that amount to conclusions of law; In all other respects, the motion is denied as moot; 3) granting [40-1] motion for Summary Judgment as to all of the plaintiff's claims; 4) Final Judgment will be entered in favor of the defendants ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

73

FINAL JUDGMENT that Judgment is hereby entered in favor of defendants Sterling Bank and Synovus Financial Corporation of AL, and against plaintiff Nash J. Cooley; Costs are taxed against the plaintiff ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

Case closed (vmc) (Entered: 09/04/2003)

Sept. 4, 2003

Sept. 4, 2003

74

NOTICE OF APPEAL to the United States Court of Appeals, Eleventh Circuit by Nash J. Cooley from the final judgment entered in this action on September 4, 2003. FILING FEE $ 105.00 RECEIPT # 98970; Copies Provided (kcg) (Entered: 09/16/2003)

Sept. 12, 2003

Sept. 12, 2003

Notice of Appeal and certified copy of docket to USCA: [74-1] appeal by Nash J. Cooley (kcg) (Entered: 09/16/2003)

Sept. 16, 2003

Sept. 16, 2003

USCA Case Number Re: [74-1] appeal by Nash J. Cooley USCA NUMBER: 03-14727-FF (kcg) (Entered: 09/29/2003)

Sept. 23, 2003

Sept. 23, 2003

75

Bill of costs (w/attachments) in the amount of $ 3,830.85 entered by Sterling Bank, Synovus Financial (vmc) (Entered: 09/26/2003)

Sept. 25, 2003

Sept. 25, 2003

Costs $ 3,830.85 taxed for Sterling Bank, Synovus Financial (vmc) (Entered: 09/26/2003)

Sept. 25, 2003

Sept. 25, 2003

CERTIFICATE OF READINESS of record on appeal mailed to USCA, 11th Circuit and counsel: [74-1] appeal by Nash J. Cooley (ydw) (Entered: 10/16/2003)

Oct. 16, 2003

Oct. 16, 2003

REQUEST for Record On Appeal from USCA re: [74-1] appeal by Nash J. Cooley (ydw) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [74-1] appeal by Nash J. Cooley (ydw) (Entered: 12/09/2003)

Dec. 9, 2003

Dec. 9, 2003

76

Per Curiam Opinion received from USCA Eleventh Circuit of Opinion Entered on July 16, 2004. AFFIRMED (ydw, ) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

77

USCA JUDGMENT issued as MANDATE on 8/17/04 as to 03-14727-FF, 74 Notice of Appeal filed by Nash J. Cooley; AFFIRMING the District Court's decision (ydw, ) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

78

BILL OF COSTS in the amount of $78.30 by Sterling Bank, Synovus Financial Corp. of Alabama. (ydw, ) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

Appeal Record (consisting of one box of exhibits and one volume of pleading) Returned from USCA: re: 03-14727-FF, 74 Notice of Appeal. There is no pdf document with this entry (ydw, ) (Entered: 08/18/2004)

Aug. 18, 2004

Aug. 18, 2004

Case Details

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 17, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An African-American male who alleged that he was denied an unsecured line of credit ($100k) at Sterling Bank on the basis of his race.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sterling Bank, Private Entity/Person

Synovus Financial Corporation, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black