Case: Sallion v. Suntrust Banks, Inc.

1:96-cv-01500 | U.S. District Court for the Northern District of Georgia

Filed Date: June 17, 1996

Closed Date: March 1, 2000

Clearinghouse coding complete

Case Summary

Plaintiff filed suit on June 17, 1996, in the U.S. District Court for the Northern District of Georgia, alleging violations of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691, and federal civil rights statutes, 42 U.S.C. 1981, 1982. Plaintiff alleged that the Defendant-lender rejected plaintiff's loan application because of her race and her status as a single woman. U.S. District Court Judge Richard W. Story granted Defendants motion for summary judgment on March 1, 2000, after finding that the plaintiff had insufficient income and lacked the money necessary for a closing. Sallion v. Suntrust Bank, 87 F. Supp. 2d 1323 (N.D. Ga. 2000).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Story, Richard W. (Georgia)

Strother, John R. Jr. (Georgia)

Attorneys(s) for Plaintiff

Lord, Georgia Kay (Georgia)

Attorneys(s) for Defendant

Hollis, Howell III (Georgia)

Major, William Henry III (Georgia)

Mast, Christine L. (Georgia)

Nelson, Allen William (Georgia)

Tatum, Anthony Paul (Georgia)

Wilson, David Hunt (Georgia)

Expert/Monitor/Master

Hagy, C. Christopher (Georgia)

Judge(s)

Story, Richard W. (Georgia)

Strother, John R. Jr. (Georgia)

Attorneys(s) for Plaintiff

Lord, Georgia Kay (Georgia)

Attorneys(s) for Defendant

Hollis, Howell III (Georgia)

Major, William Henry III (Georgia)

Mast, Christine L. (Georgia)

Nelson, Allen William (Georgia)

Tatum, Anthony Paul (Georgia)

Wilson, David Hunt (Georgia)

Expert/Monitor/Master

Hagy, C. Christopher (Georgia)

Documents in the Clearinghouse

Document

00-12451

Docket [PACER - 11th Cir.]

U. S. Court of Appeals for the Eleventh Circuit

July 10, 2000

July 10, 2000

Docket

1:96-cv-01500

Docket [PACER]

Oct. 18, 2000

Oct. 18, 2000

Docket
64

1:96-cv-01500

Memorandum Opinion and Order [Granting S/J for Defendants]

Sallion v. Suntrust Bank, Atlanta

87 F.Supp.2d 1323

Feb. 29, 2000

Feb. 29, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand. FILING FEE $ 120.00 RECEIPT # 234761 (rag) (Entered: 06/26/1996)

June 17, 1996

June 17, 1996

2

ANSWERS TO MANDATORY DISCLOSURES by pla. (rag) (Entered: 06/26/1996)

June 17, 1996

June 17, 1996

3

WAIVER OF SERVICE Returned Executed as to dfts mailed 7/22/96 Answer due by 9/20/96 for dfts. (rag) (Entered: 08/23/1996)

Aug. 22, 1996

Aug. 22, 1996

4

ANSWER to complaint [1-1] by Beverly Wittler. (pa) (Entered: 09/19/1996)

Sept. 18, 1996

Sept. 18, 1996

5

ANSWER to complaint [1-1] by Suntrust Banks, Inc. (pa) (Entered: 09/19/1996)

Sept. 18, 1996

Sept. 18, 1996

6

CONSENT ORDER by Judge Frank M. Hull, extending time for discovery. , Discovery ends 3/15/97 (cc) (pa) (Entered: 01/23/1997)

Jan. 22, 1997

Jan. 22, 1997

7

MOTION by defendant Suntrust Banks, Inc. for summary judgment with statement of facts, brief in support & affidavit of Raymond D. Fortin. (pa) (Entered: 03/12/1997)

March 3, 1997

March 3, 1997

Notice of [7-1] motion for summary judgment by Suntrust Banks, Inc. filed 3/3/97 mailed 3/12/97. (pa) (Entered: 03/12/1997)

March 12, 1997

March 12, 1997

Add atty Christine L. Mast as cnsl for dft Suntrust Banks (pa) (Entered: 03/12/1997)

March 12, 1997

March 12, 1997

8

CONSENT ORDER by Judge Frank M. Hull extending time thru 4/5/97 for discovery (cc) (pa) (Entered: 03/27/1997)

March 24, 1997

March 24, 1997

9

MOTION by plaintiff for continuance with brief in support. (pa) (Entered: 03/28/1997)

March 25, 1997

March 25, 1997

10

Notice of withdrawal of the firm of Kirwan, Parks, Chesin & Miller & appearance of the firm of Nelson, Hill, Lord & Beasley. (pa) (Entered: 04/21/1997)

April 11, 1997

April 11, 1997

12

MOTION by plaintiff to amend [1-1] complaint with brief in support & proposed amended complaint. (pa) (Entered: 04/23/1997)

April 15, 1997

April 15, 1997

SUBMITTED to Judge Frank M. Hull on [7-1] motion for summary judgment, [9-1] motion for continuance (pa) (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

11

ORDER by Judge Frank M. Hull, GRANTING [9-1] motion for continuance, [7-1] motion for summary judgment to be submitted on 5/30/97 (cc) (pa) (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

13

Notice to take deposition of Beverly Wittler by plaintiff (pa) (Entered: 05/08/1997)

April 29, 1997

April 29, 1997

SUBMITTED to Judge Frank M. Hull on [12-1] motion to amend [1-1] complaint (so) (Entered: 05/16/1997)

May 16, 1997

May 16, 1997

14

ORDER by Judge Frank M. Hull GRANTING pla's [12-1] motion to amend complaint (cc) (bj) (Entered: 05/21/1997)

May 20, 1997

May 20, 1997

15

AMENDED COMPLAINT by pla adding Suntrust Bank Atl; jury demand (bj) (Entered: 05/21/1997)

May 20, 1997

May 20, 1997

16

Response by pla to [7-1] motion for sum.jgm. (fmr emp) (Entered: 06/04/1997)

May 30, 1997

May 30, 1997

SUBMITTED to Judge Frank M. Hull on [7-1] motion for sum.jgm. (fmr emp) (Entered: 06/04/1997)

June 4, 1997

June 4, 1997

17

Notice of change of address for the Atlanta office of Nelson, Hill, Lord & Beasley, counsel for plaintiff. (rag) (Entered: 07/16/1997)

July 15, 1997

July 15, 1997

Case reassigned from Judge Hull to Judge Vining pursuant to general order of 10/14/97 by Chief Judge G. Ernest Tidwell. (cvga) Modified on 10/20/1997 (Entered: 10/20/1997)

Oct. 14, 1997

Oct. 14, 1997

19

ORDER by Judge Robert L. Vining Jr. GRANTING [7-1] motion for summary judgment. Granting SunTrust Banks' motion for summary judgment in no way affects the plaintiff's claims against the remaining defendants. (cc) (rag) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

18

MOTION by Suntrust Bank Atl to dismiss with brief in support. (mmw) (Entered: 11/24/1997)

Nov. 20, 1997

Nov. 20, 1997

20

MOTION by defendants to delay filing of PTO with brief in support. (mmw) Modified on 12/05/1997 (Entered: 12/05/1997)

Dec. 3, 1997

Dec. 3, 1997

21

Amendment to [2-1] answer interrogatory(s) by plaintiff Joyce Sallion . (mmw) (Entered: 12/09/1997)

Dec. 5, 1997

Dec. 5, 1997

Summons issued for Suntrust Bank Atl. (mmw) (Entered: 12/09/1997)

Dec. 5, 1997

Dec. 5, 1997

22

Response by plaintiff to [18-1] motion to dismiss (mmw) (Entered: 12/11/1997)

Dec. 8, 1997

Dec. 8, 1997

23

Return of service executed 12/5/97 as to Suntrust Bank Atl on original complaint (mmw) (Entered: 12/11/1997)

Dec. 8, 1997

Dec. 8, 1997

SUBMITTED to Judge Robert L. Vining Jr. on [18-1] motion to dismiss (mmw) (Entered: 12/16/1997)

Dec. 16, 1997

Dec. 16, 1997

24

Renewed MOTION by Suntrust Bank Atl to dismiss with brief in support. (mmw) (Entered: 12/24/1997)

Dec. 22, 1997

Dec. 22, 1997

SUBMITTED to Judge Robert L. Vining Jr. on [20-1] motion to delay filing of PTO (you have file). (mmw) (Entered: 01/02/1998)

Jan. 2, 1998

Jan. 2, 1998

25

Response by plaintiff [24-1] renewed motion to dismiss (mmw) Modified on 01/20/1998 (Entered: 01/06/1998)

Jan. 2, 1998

Jan. 2, 1998

26

ORDER by Judge Robert L. Vining Jr. GRANTING [20-1] motion to delay filing of PTO (cc) (mmw) (Entered: 01/09/1998)

Jan. 7, 1998

Jan. 7, 1998

SUBMITTED to Judge Robert L. Vining Jr. on [24-1] motion to dismiss (you have file). (mmw) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

27

Response by Suntrust Bank Atl to pla's response [25-1] opposing, dft's renewed [24-1] motion to dismiss (jls) (Entered: 01/20/1998)

Jan. 15, 1998

Jan. 15, 1998

Case reassigned to Honorable Richard W. Story. Calendar sheets forwarded and notice mailed to counsel. (cvga) (Entered: 02/06/1998)

Feb. 6, 1998

Feb. 6, 1998

Terminated submissions. (so) (Entered: 02/18/1998)

Feb. 18, 1998

Feb. 18, 1998

SUBMITTED to Judge Richard W. Story on [24-1] motion to dismiss, [18-1] motion to dismiss (so) (Entered: 02/18/1998)

Feb. 18, 1998

Feb. 18, 1998

28

ORDER by Judge Richard W. Story DENYING [18-1] motion to dismiss by Suntrust Bank Atl, DENYING [24-1] motion to dismiss by Suntrust Bank Atl (cc) (rh) (Entered: 07/28/1998)

July 27, 1998

July 27, 1998

29

ANSWER by Suntrust Bank Atl to complaint [1-1] Discovery ends 1/8/99 (epm) (Entered: 08/13/1998)

Aug. 11, 1998

Aug. 11, 1998

30

ANSWERS TO MANDATORY DISCLOSURES by Suntrust Bank Atl (epm) (Entered: 08/13/1998)

Aug. 11, 1998

Aug. 11, 1998

31

CONSENT SCHEDULING ORDER by Judge Richard W. Story extending time for discovery , Discovery ends 12/9/98 (cc) (bj) (Entered: 08/17/1998)

Aug. 12, 1998

Aug. 12, 1998

32

CONSENT ORDER by Judge Richard W. Story, extending time for discovery , Discovery ends 1/29/99 (cc) (pdw) (Entered: 12/15/1998)

Dec. 14, 1998

Dec. 14, 1998

33

CONSENT ORDER by Judge Richard W. Story, extending time for discovery , Discovery ends 3/2/99 , atty Howell Hollis no longer representing dfts, attys William Major and David Wilson as counsel for dfts (cc) (pdw) (Entered: 02/02/1999)

Feb. 1, 1999

Feb. 1, 1999

34

Attorney appearance for defendants by William H. Major, III, and David H. Wilson, of Hawkins & Parnell, LLP (pdw) (Entered: 02/03/1999)

Feb. 2, 1999

Feb. 2, 1999

35

CONSENT ORDER by Judge Richard W. Story, extending time for discovery , Discovery ends 3/24/99 (cc) (pdw) (Entered: 03/10/1999)

March 9, 1999

March 9, 1999

Proposed consent order for extension of time for pla to file motion to compel and for other purposes by parties. (to judge) (pdw) (Entered: 03/25/1999)

March 24, 1999

March 24, 1999

36

CONSENT ORDER by Judge Richard W. Story, extending time for pla to file motion to compel thorugh 4/23/99 , parties to continue efforts to resolve discovery diputes, discovery to close on existing date of 3/24/99 (cc) (pdw) (Entered: 03/31/1999)

March 30, 1999

March 30, 1999

37

MOTION by plaintiff to compel discovery with brief in support. (pdw) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

38

Notice to take deposition of a representative of Suntrust Bank by plaintiff (pdw) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

39

MOTION by defendants for summary judgment with brief in support, statement of facts, notices of filing original discovery & affidavits, and request to file original discovery. (sum jgm ntc to counsel) (pdw) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

Deposition of JOYCE SALLION taken for defendants (pdw) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

40

CONSENT ORDER by Judge Richard W. Story, extending time for dfts to file response to [37-1] motion to compel discovery through 5/17/99 (cc) (pdw) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

Proposed consent order by parties. (to judge) (pdw) (Entered: 05/11/1999)

May 11, 1999

May 11, 1999

41

CONSENT ORDER by Judge Richard W. Story, extending time through 5/31/99 for pla to respond to dft's [39-1] motion for summary judgment (cc) (djh) (Entered: 05/14/1999)

May 14, 1999

May 14, 1999

Proposed consent order extending time through 5/25/99 for dfts to respond to pla's [37-1] motion to compel disc.i (to RWS) (djh) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

43

Brief by defendant in Opposition to [37-1] motion to compel discovery, with request to file original discovery, and notice of filing original discovery. (pdw) (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

Proposed consent order by parties. (to judge) (pdw) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

SUBMITTED to Judge Richard W. Story on [37-1] motion to compel discovery (pdw) (Entered: 06/02/1999)

June 2, 1999

June 2, 1999

SUBMITTED to Judge Richard W. Story on [39-1] motion for summary judgment (FILE IN CHAMBERS) (pdw) (Entered: 06/04/1999)

June 4, 1999

June 4, 1999

44

CONSENT ORDER by Judge Richard W. Story, extending time for pla to respond to [39-1] motion for summary judgment through 6/15/99 , [39- 1] motion for summary judgment to be submitted on 6/18/99 (cc) (pdw) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

Terminated submission on motion for summary judgment, per [44-1] consent order. (pdw) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

45

REPLY by plaintiff to response to [37-1] motion to compel discovery, with pla's Exhibit C (**EXHIBIT C FILED UNDER SEAL**) (pdw) (Entered: 06/15/1999)

June 11, 1999

June 11, 1999

46

Notice of filing original discovery by plaintiff. (pdw) (Entered: 06/15/1999)

June 11, 1999

June 11, 1999

Deposition of LALLA HARRIS taken for plaintiff (pdw) (Entered: 06/15/1999)

June 11, 1999

June 11, 1999

Proposed consent order by parties. (to judge) (pdw) (Entered: 06/15/1999)

June 15, 1999

June 15, 1999

47

CONSENT ORDER by Judge Richard W. Story, extending time for pla's response to [39-1] motion for summary judgment through 7/26/99 (cc) (pdw) (Entered: 06/18/1999)

June 17, 1999

June 17, 1999

48

CONSENT PROTECTIVE ORDER by Judge Richard W. Story: certain documents containing or reflecting confidential communications between either of the corporate dfts and the Federal Reserve(previously submitted by Pla as exhibit C to her rply brief in support of her motion to compel should be considered confidential and should be maintained under seal (cc) (pdw) (Entered: 06/28/1999)

June 25, 1999

June 25, 1999

49

CONSENT ORDER by Judge Richard W. Story, ordering case to mediation and postponing Court's ruling on dfts' [39-1] motion for summary judgment and pla's [37-1] motion to compel discovery until after mediation (cc) (djh) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

50

MOTION by plaintiff for continuance regarding sum jgm proceedings pursuant to Rule 56(F) with brief in support. (pdw) (Entered: 07/27/1999)

July 26, 1999

July 26, 1999

Terminated submissions to district judge. (pdw) (Entered: 07/28/1999)

July 28, 1999

July 28, 1999

FILE SUBMITTED to Mag Judge C. C. Hagy for mediation (pdw) (Entered: 07/28/1999)

July 28, 1999

July 28, 1999

51

ORDER by Mag Judge C. C. Hagy, settlement conference set for 10:00 9/1/99 (cc by mag 7/28/99) (pdw) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

52

Memorandum by Chief Mag Judge John R. Strother Jr.; this case is referred to Mag Judge C. Christopher Hagy to conduct settlement conference (pdw) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

53

Response by defendants to [50-1] motion for continuance regarding sum jgm proceedings pursuant to Rule 56(F) (pdw) (Entered: 08/11/1999)

Aug. 9, 1999

Aug. 9, 1999

54

ORDER by Mag Judge C. C. Hagy, settlement conference rescheduled for 10:00 on 9/13/99 (cc) (bsm) (Entered: 08/18/1999)

Aug. 17, 1999

Aug. 17, 1999

55

ORDER by Judge Richard W. Story, motion hearing set re: [37-1] motion to compel discovery at 10:00 on 9/27/99. A settlement conference will also be conducted in conjunction with this hearing. (cc) (web) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

56

Motion HEARING held before Judge Richard W. Story on [37-1] motion to compel discovery. Court oral order: dft to make available to pla the 1994 & Federal Reserve Investigation files and will allow copies by counsl or counsel designations "For Your Eyes Only". Dfts are to produce home mortgage files of 1994; disclosure of discrimination complaints. Court will take under advisement the request by pla for attorney fees & costs. Disc extended until 12/31/99 and parties have 20 days after end of disc to file any amendments to motions or briefs. The consolidated pto shall be due 30 days after ruling on motion for summary judgment. (pdw) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

Terminated submission to magistrate. (pdw) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

SUBMITTED to Judge Richard W. Story on [50-1] motion for continuance regarding sum jgm proceedings pursuant to Rule 56(F), [39- 1] motion for summary judgment (FILE IN CHAMBERS) (pdw) (Entered: 09/27/1999)

Sept. 27, 1999

Sept. 27, 1999

Steno notes of proceedings held 9/27/99 before Judge Richard W. Story, by Court Reporter Martha J. Frutchey. (pa) (Entered: 10/06/1999)

Oct. 6, 1999

Oct. 6, 1999

57

PROTECTIVE ORDER ENTERED. (bsm) (Entered: 12/22/1999)

Dec. 21, 1999

Dec. 21, 1999

58

CONSENT ORDER by Judge Richard W. Story, for extension of discovery , Discovery ends 1/31/00 , supplements to the motion for summary judgment are still due 1/20/00 (cc) (pdw) (Entered: 01/14/2000)

Jan. 14, 2000

Jan. 14, 2000

59

Supplemental Brief by defendants in Support of [39-1] motion for summary judgment (pdw) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

61

Notice of filing original depositions by plaintiff. (pdw) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

Depositions of NANCY WALLIS, ELLEN LIGHTON, & BEVERLY WITTLER taken for plaintiff (pdw) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

62

REPLY by defendant to response to [39-1] motion for summary judgment, with 1 vol. exhibits. ***EXHIBITS FILED UNDER SEAL*** (pdw) (Entered: 02/14/2000)

Feb. 11, 2000

Feb. 11, 2000

63

Amendment to [60-1] response by plaintiff Joyce Sallion: corrected page 24 to correct typographical error. (pdw) (Entered: 02/17/2000)

Feb. 16, 2000

Feb. 16, 2000

64

ORDER by Judge Richard W. Story GRANTING dfts' [39-1] motion for summary judgment (cc) (pdw) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

Terminated submissions. (pdw) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

Case terminated. (pdw) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

65

JUDGMENT ENTERED for defendants against plaintiffs for the costs of this action. (cc) (pdw) (Entered: 03/01/2000)

March 1, 2000

March 1, 2000

66

ORDER by Judge Richard W. Story DENYING AS MOOT the [50-1] motion for continuance regarding sum jgm proceedings pursuant to Rule 56(F) by Joyce Sallion (cc) (pdw) (Entered: 03/02/2000)

March 1, 2000

March 1, 2000

67

MOTION by plaintiff for reconsideration of [66-1] order with brief in support. (pdw) (Entered: 03/16/2000)

March 15, 2000

March 15, 2000

68

Brief by defendants in response to [67-1] motion for reconsideration of [66-1] order (pdw) (Entered: 03/30/2000)

March 29, 2000

March 29, 2000

SUBMITTED to Judge Richard W. Story on [67-1] motion for reconsideration of [66-1] order (pdw) (Entered: 03/30/2000)

March 30, 2000

March 30, 2000

69

Bill of costs of defendants. (pdw) (Entered: 04/03/2000)

March 31, 2000

March 31, 2000

COSTS TAXED in the amount of $ 1,970.06 for defendants. (pdw) (Entered: 04/03/2000)

April 3, 2000

April 3, 2000

Case Details

State / Territory: Georgia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: June 17, 1996

Closing Date: March 1, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Loan applicant sued Suntrust Bank and its loan originator alleging that bank rejected her application based on race and marital status in violation of her civil rights and the Equal Credit Opportunity Act (ECOA).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Suntrust Banks, Inc., Private Entity/Person

Suntrust Bank, Atlanta (Atlanta), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1982

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Unknown

Issues

Discrimination-area:

Housing Sales/Rental

Lending

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Female