Case: Church of Zion Christian Center v. Southtrust Bank

1:96-cv-00922 | U.S. District Court for the Southern District of Alabama

Filed Date: Sept. 20, 1996

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On September 20, 1996, the Church of Zion Christian Center, Inc., and several of its leaders, filed a lawsuit under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691, against the Southtrust Bank of Alabama, in the United States District Court for the Southern District of Alabama. The plaintiffs, represent by private counsel, sought compensatory and punitive damages, alleging violations of their rights by the defendant's denial of their loan application. Plaintiffs, who were African-Ameri…

On September 20, 1996, the Church of Zion Christian Center, Inc., and several of its leaders, filed a lawsuit under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691, against the Southtrust Bank of Alabama, in the United States District Court for the Southern District of Alabama. The plaintiffs, represent by private counsel, sought compensatory and punitive damages, alleging violations of their rights by the defendant's denial of their loan application. Plaintiffs, who were African-American, further alleged that race discrimination played a role in the bank's decision to deny their loan application.

The District Court (Magistrate Judge William. E. Cassady) established a scheduling order for discovery, which the plaintiffs apparently failed to meet. On January 22, 1997 the defendants move to compel plaintiffs' initial disclosures. Defendants then filed a motion to dismiss on February 14, 1997. On February 21, 1997 the Court (Mag. Judge Cassady) granted the motion to compel and ordered the plaintiffs to pay a fine to the defendant's counsel for their failure to meet the deadline. On June 6, 1997 the defendants moved for partial summary judgment.

Both parties filed briefs on the matter, and the District Court (Judge Richard W. Vollmer, Jr.) referred the case to Magistrate Judge Cassady on July 9, 1997. On July 31, 1997, the Court (Judge Cassady) granted in part and denied in part the defendant's motion for summary judgment. Judge Cassady dismissed the individual plaintiffs' complaints against the bank, and dismissed one the bank's named defendants, citing both pleading errors and lack of standing. The Court left the question of whether the bank had violated the church's rights under the ECOA and whether it could subsequently collect damages up to a jury during trial. Church of Zion v. Southtrust 1997 WL 33644511, 1997 U.S.Dist.LEXIS 12425. (S.D. Ala.)

Nearly two months later, on September 12, 1997, the parties filed a joint stipulation for dismissal with prejudice, presumably pursuant to a private settlement agreement. The Court (Mag. Judge Cassady) signed the order and dismissed the case on September 16, 1997. Because the docket provides no links or further information, we cannot be certain that there was a settlement, or what its terms may have been.

Summary Authors

Nick Niles (7/11/2007)

People


Judge(s)

Cassady, William E. (Alabama)

Attorneys(s) for Plaintiff

Huntley, Willie J. Jr. (Alabama)

Attorneys(s) for Defendant

Holtz, D. Charles (Alabama)

Judge(s)

Cassady, William E. (Alabama)

Attorneys(s) for Plaintiff

Huntley, Willie J. Jr. (Alabama)

Attorneys(s) for Defendant

Holtz, D. Charles (Alabama)

Documents in the Clearinghouse

Document

1:96-cv-00922

Docket [PACER]

Church of Zion Christian Center, Inc. v. Southtrust Bank, et al.

Sept. 16, 1997

Sept. 16, 1997

Docket
43

1:96-cv-00922

Memorandum Opinion

Church of Zion Christian Center, Inc. v. Southtrust Bank

1997 WL 33644511, 1997 U.S.Dist.LEXIS 12425

July 31, 1997

July 31, 1997

Order/Opinion

Resources

Docket

Last updated July 23, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link

**Originally a Judge Thomas Case (clr) (Entered: 09/23/1996)

Sept. 20, 1996

Sept. 20, 1996

1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 17796 (clr) (Entered: 09/23/1996)

Sept. 20, 1996

Sept. 20, 1996

2

SUMMONS(ES) issued for Southtrust Bank, Rick Chestian, Irby Long, atty notified by phone and place in envelope (clr) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

3

SERVICE ORDER entered 9/23/96. Deadline set for 11/7/96 for Irby Long, for Rick Chestian, for Southtrust Bank . Plaintiff to notify the Court the action taken to effect service and the results thereof. (clr) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

4

RETURN OF SERVICE executed as to Southtrust Bank, Rick Chestian, Irby Long 9/27/96 by certified mail. Answer due on 10/17/96 for Irby Long, for Rick Chestian, for Southtrust Bank (clr) (Entered: 10/01/1996)

Sept. 30, 1996

Sept. 30, 1996

5

Notice of Assignment to Mag. Judge William E. Cassady for trial. Copy mailed 10/7/96 (clr) (Entered: 10/07/1996)

Oct. 7, 1996

Oct. 7, 1996

6

ANSWER to Complaint by Southtrust Bank (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)

Oct. 17, 1996

Oct. 17, 1996

7

ANSWER to Complaint by Rick Chestian (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)

Oct. 17, 1996

Oct. 17, 1996

8

ANSWER to Complaint by Irby Long (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)

Oct. 17, 1996

Oct. 17, 1996

9

PRELIMINARY SCHEDULING ORDER entered by Mag. Judge William E. Cassady Report of Parties Planning Meeting due 12/2/96 ; (eec) (Entered: 10/18/1996)

Oct. 18, 1996

Oct. 18, 1996

10

AMENDED ANSWER to Complaint by Southtrust Bank : amends [6-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

11

AMENDED ANSWER to Complaint by Rick Chastain : amends [7-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

12

AMENDED ANSWER to Complaint by Erby Long : amends [8-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

13

REPORT of Planning Meeting filed by parties. (eec) (Entered: 12/04/1996)

Dec. 4, 1996

Dec. 4, 1996

14

First Amendment to Report of Parties' Planning Meeting, correcting the style to reflect the proper court (eec) (Entered: 12/04/1996)

Dec. 4, 1996

Dec. 4, 1996

15

SCHEDULING ORDER setting before Mag. Judge William E. Cassady ( signed by Mag. Judge William E. Cassady ) Copies mailed 1/6/97 (eec) (Entered: 01/06/1997)

Jan. 3, 1997

Jan. 3, 1997

16

MOTION by Southtrust Bank, Rick Chastain, Erby Long to Compel Initial Disclosures Ref. to J/Cassady 1-14-97 (eec) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

18

MOTION by Southtrust Bank, Rick Chastain, Erby Long to Dismiss Pursuant to Rule 37(b)(2)(C) Ref. to J/Cassady 2-18-97 (eec) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

19

ORDER, [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) set to be TUS on 2/28/97 , Motion Hearing set for 2:00 3/7/97 for [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) ( signed by Mag. Judge William E. Cassady ) Copies mailed 2-25-97 (eec) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

20

ORDER granting [16-1] motion to Compel Initial Disclosure, IN ITS ENTIRETY ( signed by Mag. Judge William E. Cassady ) Plaintiffs shall make initial disclosures not later than ten days after receipt of this order. Plaintiffs are ORDERED to pay, within ten days of receipt of this order, the amount of $150.00 directly to counsel for the defendants as a reasonable attorney's fee for having violated the Court's Scheduling Order and for forcing counsel for the defendants to have to seek court action. Copies mailed 2-25-97 (eec) (Entered: 02/25/1997)

Feb. 21, 1997

Feb. 21, 1997

21

MOTION by Church of Zion in opposition to [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) Ref. to J/Cassady 3-3-97 (eec) (Entered: 03/03/1997)

Feb. 28, 1997

Feb. 28, 1997

22

MOTION by Church of Zion for Reconsideration of [17-1] order [16-1] motion to Compel Initial Disclosures set to be TUS on 2/3/97 Ref. to J/Cassady 3-3-97 (eec) (Entered: 03/03/1997)

Feb. 28, 1997

Feb. 28, 1997

23

MOTION by Southtrust Bank, Rick Chastain to Eliminate or Limit Plaintiff's Potential Compensatory Damages Ref. to J/Cassady 3-5-97 (eec) (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

24

MOTION by Church of Zion to Continue Discovery Deadline Ref. to J/Cassady 5-30-97 (eec) (Entered: 05/30/1997)

May 28, 1997

May 28, 1997

25

LIMITED OBJECTION by Southtrust Bank, Rick Chastain, Erby Long to [24-1] motion to Continue Discovery Deadline Ref. to J/Cassady 6-5-97 (eec) (Entered: 06/05/1997)

June 2, 1997

June 2, 1997

26

MOTION by Southtrust Bank, Rick Chastain, Erby Long for Protective Order ref. to Judge Cassady (with proposed Order) (cmj) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

Motion for Protective Order walked up by atty. 6/6/97 (cmj) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

27

ORDER granting [26-1] motion for Protective Order ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-9-97 (eec) (Entered: 06/09/1997)

June 6, 1997

June 6, 1997

28

ORDER granting in part, denying in part [24-1] motion to Continue Discovery Deadline, reset Discovery deadline to 6/12/97 for the limited discovery purposes identified in the objection filed by the defendants on June 2, 1997. The motion for an extension of the discovery period is OTHERWISE DENIED ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-9-97 (eec) (Entered: 06/09/1997)

June 6, 1997

June 6, 1997

30

BRIEF by defendant Southtrust Bank, defendant Rick Chastain, defendant Erby Long in re: [29-1] motion for Partial Summary Judgment Ref. to J/Cassady 6-10-97 (eec) (Entered: 06/10/1997)

June 9, 1997

June 9, 1997

SUGGESTED DETERMINATIONS OF UNDISPUTED FACTS AND CONCLUSIONS OF LAW by Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/10/1997)

June 9, 1997

June 9, 1997

31

NOTICE of Filing Exhibits in Support of Defendants' Motion for Partial Summary Judgment by Southtrust Bank, Rick Chastain, Erby Long (original in Red File Folder) (eec) (Entered: 06/10/1997)

June 9, 1997

June 9, 1997

32

ORDER, Response to Motion set to 6/25/97 for [29-1] motion for Partial Summary Judgment , [29-1] motion for Partial Summary Judgment set to be TUS on 6/25/97 ( signed 6/11/97 by Mag. Judge William E. Cassady ) Copies mailed 6-12-97 (eec) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

Proposed pre-trial order received from Church of Zion, Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/16/1997)

June 13, 1997

June 13, 1997

33

NOTICE of Filing Affidavit in Support of Attorney's Fee by Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/23/1997)

June 23, 1997

June 23, 1997

Pre-trial conference held Tape/Scanner: Chambers Tape (eec) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

34

PRETRIAL ORDER (ADOPTED) entered., set Jury Selection for 8:45 8/7/97 , set Jury Trial for 8:45 8/7/97 before Mag. Judge William E. Cassady , Response to Motion [29-1] motion for Partial Summary Judgment 6-27-97 ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-27-97 (eec) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

35

BRIEF in Opposition by plaintiff Church of Zion in re: [29-1] motion for Partial Summary Judgment Ref. to J/Cassady 6-30-97 (eec) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

36

NOTICE of Filing Exhibits in Opposition to Defendants' Motion for Partial Summary by Church of Zion (See Exhibits in Red Folder) (eec) (Entered: 06/30/1997)

June 27, 1997

June 27, 1997

37

Reply Brief by defendant Southtrust Bank, defendant Rick Chastain, defendant Erby Long in support of [29-1] motion for Partial Summary Judgment (eec) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

38

CONSENT to trial by Magistrate by Church of Zion, Southtrust Bank, Rick Chastain, Erby Long ; Case assigned to Mag. Judge William E. Cassady (eec) (Entered: 07/10/1997)

July 8, 1997

July 8, 1997

38

ORDER REFERRING CASE to Mag. Judge William E. Cassady ( signed by Judge Richard W. Vollmer Jr. ) (eec) (Entered: 07/10/1997)

July 9, 1997

July 9, 1997

39

MOTION by Southtrust Bank, Rick Chastain, Erby Long to Quash Subpoena served on James Rainer, Jr. Ref. to J/Cassady 7-15-97 (eec) (Entered: 07/15/1997)

July 14, 1997

July 14, 1997

41

RESPONSE by Pltfs to [39-1] motion to Quash Subpoena served on James Rainer, Jr.; referred to Mag. Cassady (clr) (Entered: 07/24/1997)

July 23, 1997

July 23, 1997

42

REPLY BRIEF of James M. Rainer, Jr. to Pltfs' response to [39-1] motion to Quash Subpoena; referred to Mag. Cassady (clr) (Entered: 07/28/1997)

July 25, 1997

July 25, 1997

43

MEMORANDUM OPINION granting in part, denying in part [29-1] motion for Partial Summary Judgment ( signed by Mag. Judge William E. Cassady ) Copies mailed 7-31-97 (eec) Modified on 08/01/1997 (Entered: 08/01/1997)

July 30, 1997

July 30, 1997

44

JUDGMENT entered that the plaintiffs shall have and recover nothing against the defendant Long and FURTHER that the claims of Nettles, Day and Simon are due to be and hereby are DISMISSED WITH PREJUDICE. The motion for partial summary judgment is otherwise DENIED ( signed by Mag. Judge William E. Cassady ); J/E # 6140 Judgment EOD: 8-1-97 Copies mailed 8-1-97 (eec) (Entered: 08/01/1997)

July 30, 1997

July 30, 1997

45

NOTICE entered, endorsed motion granting [39-1] motion to Quash Subpoena served on James Rainer, Jr. ( signed by Mag. Judge William E. Cassady ) Copies mailed 8-1-97 (eec) (Entered: 08/01/1997)

July 30, 1997

July 30, 1997

46

STIPULATION of dismissal with prejudice filed. Ref. to J/Cassady 9-15-97 (eec) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

47

ORDER entered, pursuant to the stipulation for dismissal with prejudice filed by all parties on September 12, 1997 (Doc. 46), that this action is DISMISSED WITH PREJUDICE ( signed 9-15-97 by Mag. Judge William E. Cassady ) Copies mailed 9-16-97 (eec) (Entered: 09/16/1997)

Sept. 16, 1997

Sept. 16, 1997

Case closed (eec) (Entered: 09/16/1997)

Sept. 16, 1997

Sept. 16, 1997

Case Details

State / Territory: Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Sept. 20, 1996

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-denominational Christian church that was turned down for a loan after the pastor and two elders (all black males) met with the bank.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Southtrust Bank of Alabama, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Discrimination-area:

Lending

Race:

Black