Case: United States v. First National Bank of Gordon

5:96-cv-05035 | U.S. District Court for the District of South Dakota

Filed Date: April 15, 1996

Closed Date: 2001

Clearinghouse coding complete

Case Summary

The Department of Justice filed suit in the U.S. District Court for the District of South Dakota on April 15, 1996, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f. The DOJ alleged that the Defendant-bank, a Nebraska-based lender, had no formal policy for setting borrowers' interest rates but that the Defendant systematically charged American Indian borrowers much higher interest rates than white borrowers.The pa…

The Department of Justice filed suit in the U.S. District Court for the District of South Dakota on April 15, 1996, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f. The DOJ alleged that the Defendant-bank, a Nebraska-based lender, had no formal policy for setting borrowers' interest rates but that the Defendant systematically charged American Indian borrowers much higher interest rates than white borrowers.

The parties entered a consent decree on May 7, 1997. The consent decree enjoined the Defendant from future acts of discrimination against American Indians and required the Defendant to create a special fund of $175,000 to compensate American Indians for past acts of discrimination. The decree also required the Defendant to set aside $25,000 in each of the following four years to pay for credit report service fees incurred in connection with loan applications by American Indians. The Defendant-bank also agreed to market its products to American Indians and recruit them for employment and promotion.

The consent decree terminated in 2001, and the case is now closed.

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Battey, Richard Howard (South Dakota)

Young, Marshall P. (South Dakota)

Attorneys(s) for Plaintiff

Campos, Marta (District of Columbia)

Hancock, Paul F. (District of Columbia)

Keary, Thomas J. (District of Columbia)

Magagna, Joan A. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Judge(s)

Battey, Richard Howard (South Dakota)

Young, Marshall P. (South Dakota)

Attorneys(s) for Plaintiff

Campos, Marta (District of Columbia)

Hancock, Paul F. (District of Columbia)

Keary, Thomas J. (District of Columbia)

Magagna, Joan A. (District of Columbia)

Maurer, Michael S. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Reno, Janet (District of Columbia)

Rich, Joseph D. (District of Columbia)

Ross, Alexander C. (District of Columbia)

Ryan, Diana J. (South Dakota)

Schreier, Karen E. (South Dakota)

Attorneys(s) for Defendant

Smith, Michael V. (Nebraska)

Wilbur, Brent A. (South Dakota)

Documents in the Clearinghouse

Document

5:96-cv-05035

Docket [PACER]

United States v. First National Bank of Gordon, Nebraska

Aug. 28, 2001

Aug. 28, 2001

Docket
1

5:96-cv-05035

Complaint

United States v. First National Bank of Gordon, Nebraska

April 15, 1996

April 15, 1996

Complaint
24

5:96-cv-05035

Consent Order

United States v. First National Bank of Gordon, Nebraska

May 7, 1997

May 7, 1997

Settlement Agreement

Department of Justice Press Release: "Nebraska Bank to Pay $275,000 for Allegedly Discriminating Against American Indians, Under Justice Department Settlement"

United States v. First National Bank of Gordon, Nebraska

No Court

May 7, 1997

May 7, 1997

Press Release

Resources

Docket

Last updated July 19, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: one summons(es) issued by hand delivery to plaintiff's counsel (FE) (Entered: 04/15/1996)

April 15, 1996

April 15, 1996

2

CIVIL COVER SHEET (FE) (Entered: 04/15/1996)

April 15, 1996

April 15, 1996

3

RETURN OF SERVICE executed upon defendant First Natl Bk Gordon on 4/17/96 (FE) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

4

ANSWER by defendant First Natl Bk Gordon to [1-1]; jury demand (FE) (Entered: 05/06/1996)

May 6, 1996

May 6, 1996

5

ORDER For Form 35 Report and Scheduling Information by Richard H. Battey (cc: all counsel) (FE) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

6

DEMAND for jury trial by plaintiff USA (FE) (Entered: 05/14/1996)

May 14, 1996

May 14, 1996

7

MOTION for attorney Michael V. Smith to appear pro hac vice by defendant First Natl Bk Gordon (FEE PAID) (FE) Modified on 06/25/1996 (Entered: 06/17/1996)

June 17, 1996

June 17, 1996

8

AFFIDAVIT of Michael V. Smith re [7-1] (FE) (Entered: 06/17/1996)

June 17, 1996

June 17, 1996

9

ORDER by Richard H. Battey granting motion for attorney Michael V. Smith to appear pro hac vice [7-1] (cc:all counsel) (FE) (Entered: 06/18/1996)

June 18, 1996

June 18, 1996

10

REPORT (Form 35) Of Parties Planning Meeting re [5-1] (FE) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

11

MEMORANDUM by plaintiff USA in support of [10-1] proposed deadlines set forth in #10 (FE) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

12

MEMORANDUM by defendant First Natl Bk Gordon in support of [10-1] proposed deadlines set forth in #10 (JLH) (Entered: 07/05/1996)

July 3, 1996

July 3, 1996

14

JOINT MOTION for protective order by plaintiff USA, defendant First Natl Bk Gordon (FE) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

15

PROTECTIVE ORDER by Richard H. Battey : granting motion for protective order [14-1] (cc: all counsel) (FE) (Entered: 08/19/1996)

Aug. 19, 1996

Aug. 19, 1996

16

DESIGNATION of expert witnesses by defendant First Natl Bk Gordon (FE) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

17

NOTICE by defendant First Natl Bk Gordon of taking Rule 30(b) (6)deposition of USA representative on 12/3/96 (FE) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

18

NOTICE by plaintiff USA of taking deposition of First Nat'l Bank rep on 11/25/96 at 9:30 am (FE) (Entered: 11/22/1996)

Nov. 22, 1996

Nov. 22, 1996

19

AMENDED NOTICE by defendant First Natl Bk Gordon of taking deposition of USA on 1/7/97 at 9:30 AM (FE) (Entered: 12/05/1996)

Dec. 4, 1996

Dec. 4, 1996

20

SUPPLEMENT by defendant First Natl Bk Gordon re [16-1] (Supplemental Disclosures) (FE) (Entered: 12/12/1996)

Dec. 12, 1996

Dec. 12, 1996

21

ORDER by Mag Judge Marshall P. Young ; In-court hearing Settlement Conf. 1/2/97 at 9 am (cc:all counsel) (FE) (Entered: 12/17/1996)

Dec. 17, 1996

Dec. 17, 1996

22

JUDGMENT by Richard H. Battey ; dismissing case ; (cc: all counsel) (FE) (Entered: 03/14/1997)

March 14, 1997

March 14, 1997

23

MOTION to reopen the case by plaintiff USA, defendant First Natl Bk Gordon (FE) (Entered: 05/07/1997)

May 7, 1997

May 7, 1997

24

(STIPULATION) and CONSENT ORDER by Richard H. Battey : (cc: all counsel) (FE) (Entered: 05/07/1997)

May 7, 1997

May 7, 1997

25

NOTES re missing file (Documents #22, 23, 24 are in the file; prior documents are missing. Attempts were made to locate the file mid-May, 1997, with negative results) (FE) (Entered: 10/09/1998)

Oct. 9, 1998

Oct. 9, 1998

ORIGINAL FILE now located behind the filing cabinet, all documents have been placed in the original file (BBH) (Entered: 08/28/2001)

Aug. 28, 2001

Aug. 28, 2001

Case Details

State / Territory: South Dakota

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 1996

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States, on behalf of American Indians who were charged higher interest rates for consumer loans by the First National Bank of Gordon, Nebraska.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

First National Bank of Gordon, Nebraska, Private Entity/Person

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 2001

Issues

General:

Funding

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native