Case: JAT Inc. v. Nat'l City Bank of the Midwest

2:06-cv-11937 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 25, 2006

Closed Date: Dec. 19, 2008

Clearinghouse coding complete

Case Summary

Plaintiffs filed this class action lawsuit against the Defendant-lender on April 25, 2006, in the U.S. District Court for the Eastern District of Michigan, alleging that the Defendant-bank had an unwritten policy of not lending in predominantly minority areas of Detroit. Plaintiffs' suit included claims under the Fair Housing Act, 42 U.S.C. 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. 1691, and federal civil rights statutes, 42 U.S.C. 1981, 1982. On October 27, 2006, the Court (Judge …

Plaintiffs filed this class action lawsuit against the Defendant-lender on April 25, 2006, in the U.S. District Court for the Eastern District of Michigan, alleging that the Defendant-bank had an unwritten policy of not lending in predominantly minority areas of Detroit. Plaintiffs' suit included claims under the Fair Housing Act, 42 U.S.C. 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. 1691, and federal civil rights statutes, 42 U.S.C. 1981, 1982. On October 27, 2006, the Court (Judge Nancy G. Edmunds) granted the Defendant's motions to dismiss some of the claims under the FHA and ECOA as time-barred. JAT, Inc. v. Nat'l City Bank of the Midwest, 460 F. Supp. 2d 812 (E.D. Mich. 2006). Judge Edmunds rejected other defense motions at this stage, finding that Defendant's substantive defenses were more appropriate at the summary judgment stage.

On July 9, 2007, Judge Edmunds denied Plaintiffs' motion for class action certification. JAT, Inc. v. Nat'l City Bank of the Midwest, 2007 U.S. Dist. LEXIS 49198 (E.D. Mich. July 9, 2007). After extensive discovery proceedings, the Court granted summary judgment for the defendants on June 10, 2008, holding that the Plaintiffs did not have enough factual support to proceed with their claim. 2008 WL 2397657 (E.D. Mich. June 10, 2008).

The Plaintiffs appealed to the Sixth Circuit Court of Appeals, however, they withdrew their appeal and the case was dismissed on December 19, 2008.

Summary Authors

Joshua Arocho (6/21/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4827457/parties/jat-incorporated-v-national-city-bank-of-the-midwest/


Documents in the Clearinghouse

Documents in this case

2:06-cv-11937

Docket (PACER)

JAT, Inc. v. National City Bank of the Midwest

Dec. 19, 2008

Dec. 19, 2008

Docket
1

2:06-cv-11937

Complaint of Racially Discriminatory Lending Practices

JAT, Inc. v. National City Bank of the Midwest

April 25, 2006

April 25, 2006

Complaint
9

2:06-cv-11937

Amended Class Action Complaint of Racially Discriminatory Lending Practices

JAT, Inc. v. National City Bank of the Midwest

July 31, 2006

July 31, 2006

Complaint
20

2:06-cv-11937

Order Granting Defendant's Motion to Dismiss in Part and Denying Defendant's Motion to Dismiss in Part

JAT, Inc.v. National City Bank of the Midwest

Oct. 27, 2006

Oct. 27, 2006

Order/Opinion

460 F.Supp.2d 812

72

2:06-cv-11937

Opinion and Order Denying as Moot Defendant's Motion to Compel

JAT, Inc.v. National City Bank of the Midwest

June 29, 2007

June 29, 2007

Order/Opinion

2007 WL 1880389

74

2:06-cv-11937

Order (1) Denying Plaintiffs' Motion for Class Certification, and (2) Denying as Moot Defendants' Two Motions to Strike Declarations and Pleadings

JAT, Inc. v. National City Bank of the Midwest

July 9, 2007

July 9, 2007

Order/Opinion

2007 WL 2004877

119

2:06-cv-11937

Opinion and Order Granting in Part and Denying in Part Plaintiff's Motion to Compel and Granting Plaintiff's Motion to Extend the Deadline for Plaintiff's Expert Reports

JAT, Inc. v. National City Bank of the Midwest

Nov. 8, 2007

Nov. 8, 2007

Order/Opinion

2007 WL 3346232

135

2:06-cv-11937

Opinion and Order Granting in Part Defendant's Motion to Bar the Testimony of Phillip Peake

JAT, Inc. v. National City Bank of the Midwest

April 22, 2008

April 22, 2008

Order/Opinion

2008 WL 1820841

159

2:06-cv-11937

Opinion and Order Granting Defendant's Motion for Summary Judgment

JAT, Inc. v. National City Bank of the Midwest

June 10, 2008

June 10, 2008

Order/Opinion

2008 WL 2397657

160

2:06-cv-11937

Judgment

JAT, Inc. v. National City Bank of the Midwest

June 10, 2008

June 10, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4827457/jat-incorporated-v-national-city-bank-of-the-midwest/

Last updated April 6, 2025, 10:58 a.m.

Docket for: JAT, Incorporated v. National City Bank of the Midwest
ECF Number Date Description Link
1 April 25, 2006

COMPLAINT filed by JAT, Incorporated, New Galilee Missionary Baptist Church, Pleasant Hill Baptist Church, and Phillip Peake against National City Bank of the Midwest and National City Corporation; Receipt No: 541533 − Fee: $ 350; with Exhibits 1−3(JJoh, ) (Entered: 04/26/2006)

PACER
2 May 12, 2006

NOTICE of Appearance by Philip B. Phillips on behalf of National City Bank of the Midwest, National City Corporation. (Phillips, Philip) (Entered: 05/12/2006)

PACER
3 May 12, 2006

WAIVER OF SERVICE Returned Executed. National City Bank of the Midwest waiver sent on 5/8/2006, answer due 7/7/2006; National City Corporation waiver sent on 5/8/2006, answer due 7/7/2006. (Phillips, Philip) (Entered: 05/12/2006)

PACER
4 May 12, 2006

NOTICE of Appearance by Erin L. Toomey on behalf of National City Bank of the Midwest, National City Corporation. (Toomey, Erin) (Entered: 05/12/2006)

PACER
5 June 9, 2006

[SIGNATURE AND ATTORNEY APPEARANCE VIOLATIONS] NOTICE of Voluntary Dismissal by New Galilee Missionary Baptist Church as to New Galilee Missionary Baptist Church (Rose, David) Modified on 6/12/2006 (AGre, ). (Entered: 06/09/2006)

PACER
6 June 13, 2006

NOTICE of Appearance by David L. Rose on behalf of all plaintiffs. (Rose, David) (Entered: 06/13/2006)

PACER
7 July 18, 2006

STIPULATED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT [see order for dates]. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 07/18/2006)

PACER
8 July 31, 2006

[FILED IN ERROR; ATTORNEY RE−FILED] AMENDED COMPLAINT filed by all plaintiffs against all defendants.(Rose, David) Modified on 8/1/2006 (AGre, ). (Entered: 07/31/2006)

PACER
9 July 31, 2006

AMENDED COMPLAINT filed by all plaintiffs against all defendants.(Rose, David) (Entered: 07/31/2006)

PACER
10 Aug. 14, 2006

MOTION to Dismiss by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Amended Complaint# 3 Exhibit 2 − Westlaw Cases# 4 Exhibit 3 − Letter to JAT, Inc.# 5 Exhibit 4 − Letter to Samaritan Baptist Church# 6 Exhibit 5 − Pleasant Hill's Loan Documents# 7 Exhibit 6 − Data from the SBA)(Toomey, Erin) (Entered: 08/14/2006)

PACER
11 Aug. 14, 2006

REQUEST for Judicial Notice by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Exhibit A − Property and Land Search Results)(Toomey, Erin) (Entered: 08/14/2006)

PACER
12 Aug. 17, 2006

MOTION to Consolidate Cases and to Assign the New Case to Judge Presiding Over the Older Case by JAT, Incorporated. (Rose, David) (Entered: 08/17/2006)

PACER
13 Aug. 17, 2006

MOTION to Consolidate Cases to Assign the New Case to Judge Presiding Over the Older Case by JAT, Incorporated. (Attachments: # 1 Memorandum in Support)(Rose, David) (Entered: 08/17/2006)

PACER
14 Aug. 18, 2006

SUPPLEMENTAL BRIEF re 12 MOTION to Consolidate Cases and to Assign the New Case to Judge Presiding Over the Older Case filed by JAT, Incorporated. (Rose, David) (Entered: 08/18/2006)

PACER
15 Aug. 22, 2006

ORDER denying 12 and 13 Motion to Consolidate Cases− Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/22/2006)

PACER
16 Sept. 1, 2006

RESPONSE to 10 MOTION to Dismiss (Memorandum in Opposition to Defendants' Motion to Dismiss) filed by all plaintiffs. (Runyan, John) (Entered: 09/01/2006)

PACER
17 Sept. 1, 2006

NOTICE of hearing on 10 MOTION to Dismiss. Motion Hearing set for 9/27/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/01/2006)

PACER
Sept. 6, 2006

Re−Set Motion Hearings as to 10 MOTION to Dismiss: Motion Hearing re−set for 10/4/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/06/2006)

PACER
18 Sept. 18, 2006

REPLY to Response re 10 MOTION to Dismiss filed by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Unpublished Case Griffus v. Novartis Pharm. Corp.# 3 Exhibit 2 − Unpublished Case Meyers v. ABN AMRO Mortgage Group, Inc.)(Toomey, Erin) (Entered: 09/18/2006)

PACER
Oct. 4, 2006

Minute Entry −Motion Hearing held on 10/4/2006 re 10 MOTION to Dismiss filed by National City Corporation,, National City Bank of the Midwest, before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, ) (Entered: 10/04/2006)

PACER
19 Oct. 13, 2006

SUPPLEMENTAL BRIEF re 16 Response to Motion Notice of Additional Authorities filed by JAT, Incorporated. (Rose, David) (Entered: 10/13/2006)

PACER
20 Oct. 27, 2006

ORDER granting in part and denying in part 10 Motion to Dismiss- Signed by Honorable Nancy G Edmunds. (CHem, )

RECAP
21 Nov. 2, 2006

NOTICE TO APPEAR: Scheduling Conference set for 12/4/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/02/2006)

PACER
22 Nov. 7, 2006

SUPPLEMENTAL BRIEF re 10 MOTION to Dismiss Notice of Additional Authorities filed by JAT, Incorporated. (Rose, David) (Entered: 11/07/2006)

PACER
23 Nov. 8, 2006

ORDER DENYING pleading construed as a motion for reconsideration 22 Supplemental Brief filed by JAT, Incorporated,. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/08/2006)

PACER
24 Nov. 13, 2006

ANSWER to Amended Complaint with Affirmative Defenses by all defendants.(Toomey, Erin) (Entered: 11/13/2006)

PACER
25 Nov. 13, 2006

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by National City Corporation.(Toomey, Erin) (Entered: 11/13/2006)

PACER
27 Nov. 15, 2006

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by JAT, Incorporated. (Attachments: # 1 Certificate of Service)(Rose, David) (Entered: 11/15/2006)

PACER
28 Nov. 28, 2006

MOTION to Intervene by Agape Tours, Inc. by JAT, Incorporated. (Attachments: # 1 Memorandum in Support)(Rose, David) (Entered: 11/28/2006)

PACER
29 Nov. 30, 2006

NOTICE of Appearance by Erin L. Toomey on behalf of all defendants. (Toomey, Erin) (Entered: 11/30/2006)

PACER
30 Dec. 4, 2006

SCHEDULING ORDER: Final Pretrial Conference set for 9/27/2007 02:00 PM before Honorable Nancy G Edmunds. Jury Trial set for 10/2/2007 09:00 AM before Honorable Nancy G Edmunds. Discovery due by 6/1/2007. Signed by Honorable Nancy G Edmunds. (Refer to image for additional dates)(CHem, ) (Entered: 12/04/2006)

PACER
Dec. 4, 2006

Minute Entry −Scheduling Conference held on 12/4/2006 before Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/04/2006)

PACER
31 Dec. 5, 2006

NOTICE of hearing on 28 MOTION to Intervene by Agape Tours, Inc. . Motion Hearing set for 1/17/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/05/2006)

PACER
32 Dec. 15, 2006

RESPONSE to 28 MOTION to Intervene by Agape Tours, Inc. filed by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Exhibit A)(Toomey, Erin) (Entered: 12/15/2006)

PACER
33 Jan. 5, 2007

MOTION for Leave to File Reply Memorandum in Support of Motion to Intervene by Agape Tours LLC. (Attachments: # 1 Index of Exhibits # 2 Exhibit A Reply Memorandum# 3 Exhibit B Claims of Agape Tours LLC)(Runyan, John) (Entered: 01/05/2007)

PACER
Jan. 8, 2007

TEXT ONLY ORDER granting 33 Motion for Leave to File− Entered by Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/08/2007)

PACER
34 Jan. 17, 2007

ORDER denying 28 Motion to Intervene− Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/17/2007)

PACER
Jan. 17, 2007

Minute Entry −Motion Hearing held on 1/17/2007 re 28 MOTION to Intervene by Agape Tours, Inc. filed by JAT, Incorporated, before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, ) (Entered: 01/17/2007)

PACER
35 March 26, 2007

CERTIFICATE OF SERVICE by National City Bank of the Midwest, National City Corporation Substitution of Attorneys (Toomey, Erin) (Entered: 03/26/2007)

PACER
36 March 27, 2007

STIPULATION AND ORDER for Substitution. Attorney Jeffrey G. Collins for National City Bank of the Midwest and National City Corporation added. Attorney Philip B. Phillips and Erin L. Toomey terminated. Signed by Honorable Nancy G Edmunds. (CGre) (Entered: 03/27/2007)

PACER
37 March 28, 2007

STIPULATED PROTECTIVE ORDER Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 03/28/2007)

PACER
38 April 16, 2007

[FILING ERROR:RULE 18, NO INDEX, LABELING] MOTION to Certify Class by all plaintiffs. (Attachments: # 1 Brief# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Index of Exhibits 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12) (Rose, David) Modified on 4/17/2007 (Hamel, D.). (Entered: 04/16/2007)

PACER
39 April 20, 2007

[SEE DOC 40 FOR BRIEF] MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − First Request to Produce to Good Fight of Faith Ministry# 3 Exhibit B − First Interrogs. to Good Fight of Faith Ministry# 4 Exhibit C − First Request to Produce to 3M Contracting# 5 Exhibit D − First Request to Produce to JAT# 6 Exhibit E − Defendants' First Set of Requests for Admissions to Plaintiffs# 7 Exhibit F − First Interrogs. to JAT# 8 Exhibit G − First Request to Produce to Body of Christ Christian Center# 9 Exhibit H − First Interrogs. to Body of Christ Christian Cente# 10 Exhibit I − First Interrogs. to Samaritan Baptist Church# 11 Exhibit J − First Request to Produce to Samaritan Baptist Church# 12 Exhibit K − First Request to Produce of Pleasant Hill Baptist Church# 13 Exhibit L − First Interrogs. to Pleasant Hill Baptist Church# 14 Exhibit M − First Interrogs. to 3M Contracting# 15 Exhibit N − Plaintiff's Responses to Defs.' First Set of Requests for Admissions) (Collins, Jeffrey) Modified on 4/24/2007 (Hacker, L.). (Entered: 04/20/2007)

PACER
40 April 20, 2007

MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief by all defendants. (Collins, Jeffrey) (Entered: 04/20/2007)

PACER
41 April 24, 2007

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs filed by National City Corporation, National City Bank of the Midwest. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 04/24/2007)

PACER
42 April 30, 2007

NOTICE by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 04/30/2007)

PACER
43 April 30, 2007

MOTION to Compel Discovery by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church. (Attachments: # 1 Index of Exhibits List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G.1# 9 Exhibit G.2# 10 Exhibit H# 11 Exhibit I.1# 12 Exhibit I.2# 13 Exhibit I.3# 14 Exhibit I.4# 15 Exhibit I.5) (Rose, David) (Entered: 04/30/2007)

PACER
44 May 1, 2007

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 43 MOTION to Compel Discovery filed by 3M Contracting, Incorporated, JAT, Incorporated, Samaritan Baptist Church, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/01/2007)

PACER
45 May 3, 2007

RESPONSE to 40 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief , 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs Opposition filed by all plaintiffs. (Rose, David) (Entered: 05/03/2007)

PACER
46 May 7, 2007

Plaintiffs' WITNESS LIST by JAT, et al (Runyan, John) (Entered: 05/07/2007)

PACER
47 May 8, 2007

NOTICE of hearing on 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs and 43 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 6/13/2007 and Motion Hearing set for 6/18/2007 @ 01:30 PM before Honorable Mona K Majzoub (LBar) (Entered: 05/08/2007)

PACER
48 May 8, 2007

[FILING ERROR:RULE 18, NO INDEX, OR LABELING] MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum by all plaintiffs. (Attachments: # 1 Memorandum Points and Authorities# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F) (Rose, David) Modified on 5/8/2007 (Hamel, D.). (Entered: 05/08/2007)

PACER
49 May 9, 2007

Motion To Quash Subpoena Exhibit List by JAT, et al. (Rose, David) (Entered: 05/09/2007)

PACER
50 May 9, 2007

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 48 MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum filed by 3M Contracting, Incorporated, Samaritan Baptist Church, JAT, et al, New Galilee Missionary Baptist Church, JAT, Incorporated, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church, Phillip Peake. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/09/2007)

PACER
51 May 10, 2007

MOTION to Strike 38 MOTION to Certify Class by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Dec of Pastor Jackson# 3 Exhibit 2 − Dec of Pastor Tate# 4 Exhibit 3 − Dec of Pastor Starghill# 5 Exhibit 4 − Dec of Malik Salaam# 6 Exhibit 5 − Dec of John Turner# 7 Exhibit 6 − Decl of Phillip Peake# 8 Exhibit 7 − Case of Tseng vs. Home Depot USA# 9 Exhibit 8 − Pltfs. Response to Defs. 1st Request for Admissions# 10 Exhibit 9 − Plaintiffs' Answers to Defs. 1st Interrogs.# 11 Exhibit 10 − Correspondence to Attorney David Rose# 12 Exhibit 11 − Email from Phillip Peake# 13 Exhibit 12 − Excerpts of Dep Trans of Don Narup# 14 Exhibit 13 − Email from Josh Rose) (Collins, Jeffrey) (Entered: 05/10/2007)

PACER
52 May 10, 2007

RESPONSE to 38 MOTION to Certify Class Defendants' Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 2 − Defs. Object and Answers to Pltfs. 1st Set of Interrogs.# 3 Exhibit 3 − Summary of Deposits# 4 Exhibit 4 − SBA 7(a) Guaranteed Loans# 5 Exhibit 5 − Case of GMC v. Dex−Cool Products) (Collins, Jeffrey) (Entered: 05/10/2007)

PACER
53 May 10, 2007

EXHIBIT 1A − Pltfs.' Answers to Defs. 1st Interrogatories re 52 Response to Motion, by all defendants (Attachments: # 1 Exhibit 1B − Pltfs.' Answers to Defs. 1st Interrogs.) (Collins, Jeffrey) (Entered: 05/10/2007)

PACER
54 May 15, 2007

AMENDED NOTICE of hearing on 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions, 48 MOTION to Quash or Modify Defendants' Subpoenas and 43 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 6/20/2007. Motion Hearing set for 6/27/2007 @ 01:30 PM before Honorable Mona K Majzoub (LBar) (Entered: 05/15/2007)

PACER
55 May 17, 2007

SUPPLEMENTAL BRIEF re 45 Response to Motion, 40 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief Reply Brief in Support of Defendants' Motion to Compel and to Deem Admitted filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1− Excerpts of Dep of Don Narup) (Collins, Jeffrey) (Entered: 05/17/2007)

PACER
56 May 17, 2007

RESPONSE to 43 MOTION to Compel Discovery filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Email Dated April 11, 2007# 3 Exhibit 2 − Plaintiffs' Answers to Defs. First Set of Interrogs.# 4 Exhibit 3 − Plaintiffs' Response to Defs. First Set of Request to Admit# 5 Exhibit 4 − Letter Dated February 1, 2007# 6 Exhibit 5 − Email from Josh Rose Dated April 13, 2007# 7 Exhibit 6 − Excerpts of Dep of Don Narup) (Collins, Jeffrey) (Entered: 05/17/2007)

PACER
57 May 21, 2007

NOTICE of hearing on 38 MOTION to Certify Class, 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class. Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds . (CHem) (Entered: 05/21/2007)

PACER
58 May 21, 2007

(FILING ERROR − EXHIBITS NOT PROPERLY LABELED) REPLY to Response re 38 MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit) (Rose, David) Modified on 5/22/2007 (Paul, P.). (Entered: 05/21/2007)

PACER
59 May 23, 2007

(EXHIBIT LIST) Supplemental Reply Brief Exhibit List by JAT, et al. (Attachments: # 1 Exhibit Supp Exh 1# 2 Exhibit Supp Exh 4# 3 Exhibit Exh 5) (Rose, David) Modified on 5/24/2007 (Paul, P.). (Entered: 05/23/2007)

PACER
60 May 24, 2007

Joint MOTION to Amend/Correct 30 Scheduling Order, by all parties. (Collins, Jeffrey) (Entered: 05/24/2007)

PACER
61 May 24, 2007

CERTIFICATE OF SERVICE by National City Bank of the Midwest, National City Corporation re 60 Joint MOTION to Amend/Correct 30 Scheduling Order, (Collins, Jeffrey) (Entered: 05/24/2007)

PACER
62 May 25, 2007

RESPONSE to 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class filed by JAT, Incorporated. (Rose, David) (Entered: 05/25/2007)

PACER
63 May 25, 2007

SUPPLEMENTAL BRIEF re 56 Response to Motion, to Compel Discovery filed by JAT, et al. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit 1A−Detroit Loan Applications# 3 Exhibit 1B−Detroit Loan Applications) (Rose,

PACER
May 30, 2007

Set Deadline as to 60 Joint MOTION to Amend/Correct 30 Scheduling Order,. Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 05/30/2007)

PACER
65 May 31, 2007

Reply in Support of Motion to Compel Discovery Supplemental Exhibit List by JAT, et al. (Attachments: # 1 Exhibit 1) (Rose, David) (Entered: 05/31/2007)

PACER
66 May 31, 2007

Memo in Opposition to Deft Motion to Strike Declarations Exhibit List by JAT, et al. (Attachments: # 1 Exhibit 1 Exe Dec Starghill# 2 Exhibit Exe Dec Tate) (Rose, David) (Entered: 05/31/2007)

PACER
67 June 7, 2007

SUPPLEMENTAL BRIEF re 64 Response to Motion, to Quash or Modify Subpoenas Duces Tecum filed by JAT, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit A − May 10, 2007 Email) (Rose, David) (Entered: 06/07/2007)

PACER
68 June 12, 2007

MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Excerpts of Deposition of Don Narup# 3 Exhibit 2 − Email from Josh Rose to Don Narup# 4 Exhibit 3 − Correspondence from Charles Odgers to David Rose# 5 Exhibit 4 − Copy of CAP's Website Page) (Collins, Jeffrey) (Entered: 06/12/2007)

PACER
June 13, 2007

Set Deadline as to 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification . Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 06/13/2007)

PACER
69 June 20, 2007

JOINT STATUS REPORT on Resolved and Unresolved Issues by National City Bank of the Midwest, National City Corporation, JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 06/20/2007)

PACER
70 June 22, 2007

RESPONSE to 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification filed by all plaintiffs. (Rose, David) (Entered: 06/22/2007)

PACER
71 June 22, 2007

DECLARATION by Pastor Lawrence J. London re 38 MOTION to Certify Class filed by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 06/22/2007)

PACER
June 27, 2007

Minute Entry −Motion Hearing held on 6/27/2007 re 48 MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum , 43 MOTION to Compel Discovery and 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs − before Honorable Mona K Majzoub. (Tape #MKM 07−029) (LBar) (Entered: 06/27/2007)

PACER
June 27, 2007

Minute Entry −Motion Hearing held on 6/27/2007 re 38 MOTION to Certify Class filed by 3M Contracting, Incorporated, Samaritan Baptist Church, New Galilee Missionary Baptist Church, JAT, Incorporated, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church, Phillip Peake, 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification filed by National City Corporation, National City Bank of the Midwest, 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class filed by National City Corporation, National City Bank of the Midwest before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem) (Entered: 07/09/2007)

PACER
72 June 29, 2007

ORDER finding as moot 39 Motion to Compel; denying 43 Motion to Compel; finding as moot 48 Motion to Quash- Signed by Honorable Mona K Majzoub. (LBar)

RECAP
73 July 5, 2007

DECLARATION by Philip Peake re 38 MOTION to Certify Class filed by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) Additional attachment(s) added on 8/7/2007 (Greer, A.). (Entered: 07/05/2007)

PACER
74 July 9, 2007

ORDER denying 38 Motion to Certify Class; denying as moot 51 Motion to Strike and 68 Motion to Strike. Signed by Honorable Nancy G Edmunds. (CHem)

RECAP
75 July 9, 2007

STIPULATION AND ORDER Amending Scheduling Order: Discovery Cut off set for 9/1/2007; Dispositive Motion Cut−off set for 12/7/2007 , Trailing Trial Docket set for 3/4/2008 , Final Pretrial Conference set for 2/19/2008 02:00 PM before Honorable Nancy G Edmunds (see order for additional dates) Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/09/2007)

PACER
76 July 19, 2007

[EXHIBIT B STRICKEN 8/2/07] MOTION for Reconsideration or, in the Alternative, to Re−File For Class Certification at the Close of Discovery by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − June 20, 2007 Email# 3 Exhibit B − Philip Peake Declaration) (Rose, David) Modified on 8/2/2007 (Hacker, L.). (Entered: 07/19/2007)

PACER
77 July 24, 2007

ERRATA Sheet re: 76 MOTION for Reconsideration or, in the Alternative, to Re−File For Class Certification at the Close of Discovery filed by 3M Contracting, Incorporated, JAT, Incorporated, Samaritan Baptist Church, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church. by JAT, Incorporated, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 07/24/2007)

PACER
78 July 25, 2007

MOTION to Strike the Declaration of Phillip Peake by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − Excerpts of Deposition of Phillip Peake) (Collins, Jeffrey) (Entered: 07/25/2007)

PACER
79 July 25, 2007

MOTION for Leave to File Response to Plaintiffs' Motion to Reconsider by all defendants. (Attachments: # 1 Exhibit A − Response Brief in Opposition to Plaintiffs' Motion to Reconsider# 2 Index of Exhibits) (Collins, Jeffrey) (Entered: 07/25/2007)

PACER
80 July 31, 2007

ORDER denying 76 Motion for Reconsideration ; denying as moot 79 Motion for Leave to File. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/31/2007)

PACER
July 31, 2007

TEXT ONLY ORDER re 78 MOTION to Strike the Declaration of Phillip Peake Defendants shall file a Supplemental Brief to their Motion to Strike on the issue of whether Defendants complied with the Stipulated Protective Order 37 , particularly whether such allegedly confidential information was marked as "CONFIDENTIAL" prior to its delivery to Plaintiffs in accordance with the Stipulated Protective Order, in particular, Paragraph 4. Due by 8/1/2007. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/31/2007)

PACER
81 Aug. 1, 2007

SUPPLEMENTAL BRIEF re 78 MOTION to Strike the Declaration of Phillip Peake filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Email Between Schiefelbein and Gassner# 3 Exhibit 2 − Defs.' Objections and Responses to 1st Request for Production) (Collins, Jeffrey) (Entered: 08/01/2007)

PACER
82 Aug. 1, 2007

INDEX of Exhibits re 81 Supplemental Brief, by all defendants CORRECTED (Attachments: # 1 Exhibit 1 − Defendants' Objections and Responses to Requests for Production# 2 Exhibit 2 − Emails between Schiefelbein and Gassner) (Collins, Jeffrey) (Entered: 08/01/2007)

PACER
84 Aug. 2, 2007

ORDER granting 78 Motion to Strike the Declaration of Phillip Peake. Signed by Honorable Nancy G Edmunds. (LHac) (Entered: 08/02/2007)

PACER
85 Aug. 2, 2007

Sealed Matter − NC001609 through NC001611 (KWil) (Entered: 08/03/2007)

PACER
86 Aug. 2, 2007

Sealed Matter − NC001343 through NC001372 (KWil) (Entered: 08/03/2007)

PACER
87 Aug. 2, 2007

Sealed Matter − SBA Credit Services New Loan Underwriting 1/1/02−12/31/02. (KWil) (Entered: 08/03/2007)

PACER
88 Aug. 2, 2007

Sealed Matter − SBA Credit Services New Loan Underwriting 1/1/05−12/31/05. (KWil) (Entered: 08/03/2007)

PACER
89 Aug. 2, 2007

Sealed Matter − Enlargement of NC 001343 (KWil) (Entered: 08/03/2007)

PACER
90 Aug. 2, 2007

Sealed Matter − Small Business Loans Booked Since 1/1/02 in the City Of Detroit. (KWil) (Entered: 08/03/2007)

PACER
91 Aug. 2, 2007

Sealed Matter − National City Small Business SBSS Scorecard Validation as of 12/31/06. (KWil) (Entered: 08/03/2007)

PACER
92 Aug. 2, 2007

Sealed Matter − SBA Credit Services New Loan Underwriting from 1/1/03 thru 12/31/03. (KWil) (Entered: 08/03/2007)

PACER
93 Aug. 2, 2007

Sealed Matter − SBA Credit Services New Loan Underwriting from 1/1/04 thru 12/31//04. (KWil) (Entered: 08/03/2007)

PACER

Case Details

State / Territory:

Michigan

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 25, 2006

Closing Date: Dec. 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

More than 500 churches and other not-for-profit organizations that are predominantly African Americans owning real estate who were denied applications from Defendant Bank although worthy of credit.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

National City Bank of the Midwest

National City Corporation

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

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Other Dockets:

Eastern District of Michigan 2:06-cv-11937

U.S. Court of Appeals for the Sixth Circuit 08-01848

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Litigation

Issues

General/Misc.:

Funding

Discrimination Area:

Disparate Treatment

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation