Case: Simms v. First Gibraltar Bank

4:91-cv-03367 | U.S. District Court for the Southern District of Texas

Filed Date: Nov. 15, 1991

Closed Date: 1997

Clearinghouse coding complete

Case Summary

Plaintiffs, residents of an apartment building, applied for a loan with Defendant-lender to convert their apartment building into a cooperative. Defendant rejected their loan application, purportedly because of liens on the property, but admitted to procedural irregularities in the handling of the application. Plaintiffs alleged that Defendant rejected their loan application because many of them were minorities, and Plaintiffs filed suit in the U.S. District Court for the Northern District of T…

Plaintiffs, residents of an apartment building, applied for a loan with Defendant-lender to convert their apartment building into a cooperative. Defendant rejected their loan application, purportedly because of liens on the property, but admitted to procedural irregularities in the handling of the application. Plaintiffs alleged that Defendant rejected their loan application because many of them were minorities, and Plaintiffs filed suit in the U.S. District Court for the Northern District of Texas and alleged violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619.

After the District Court ruled against the Defendant-lender on the FHA violation, the Defendant appealed, and the Fifth Circuit reversed on May 31, 1996, in a panel opinion written by Circuit Judge E. Grady Jolly. Simms v. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996). The Fifth Circuit found that the Defendant-lender had provided sufficient nondiscriminatory reasons for rejecting the loan and that the procedural irregularities did not demonstrate that the race of the loan applicants was a substantial factor in the rejection of the application. Circuit Judge Emilio Garza concurred in the appellate panel's judgment without joining Judge Jolly's opinion; Judge Garza did not write separately to explain his decision.

The Fifth Circuit rejected the Plaintiff-Appellants' petition for rehearing on July 16, 1996. Simms v. First Gibraltar Bank, 95 F.3d 56 (5th Cir. 1996).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Davis, W. Eugene (Louisiana)

Garza, Emilio M. (Texas)

Hoyt, Kenneth M. (Texas)

Jolly, E. Grady (Mississippi)

Attorneys(s) for Plaintiff

Freytag, Sharon N. (Texas)

Hill, Raymond M. (Texas)

Keltner, David M. (Texas)

Attorneys(s) for Defendant

Gibson, Laura (Texas)

White, Bonnie J. (Texas)

Other Attorney(s)

Active

Judge(s)

Davis, W. Eugene (Louisiana)

Garza, Emilio M. (Texas)

Hoyt, Kenneth M. (Texas)

Jolly, E. Grady (Mississippi)

Attorneys(s) for Plaintiff

Freytag, Sharon N. (Texas)

Hill, Raymond M. (Texas)

Keltner, David M. (Texas)

Attorneys(s) for Defendant

Gibson, Laura (Texas)

White, Bonnie J. (Texas)

Other Attorney(s)

Caruso, F. Willis (Illinois)

Haze, Ronald D. (Illinois)

Seng, Michael P. (Illinois)

Weinstock, Craig Louis (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

Simms, et al v. First Gibraltar Bank, et al

Jan. 16, 1997 Docket
104

Final Judgment

Simms, et al v. First Gibraltar Bank, et al

March 22, 1994 Order/Opinion
109

Order

Simms, et al v. First Gibraltar Bank, et al

April 20, 1994 Order/Opinion

[Opinion]

Simms, et al v. First Gibraltar Bank, et al

U. S. Court of Appeals for the Fifth Circuit

83 F.3d 1546

May 31, 1996 Order/Opinion

[Order re:] Denials of Rehearing En Banc

Simms v. First Gibraltar Bank

U. S. Court of Appeals for the Fifth Circuit

95 F.3d 56

July 16, 1996 Order/Opinion
126

Final Judgment

Simms, et al v. First Gibraltar Bank, et al

Aug. 1, 1996 Order/Opinion

[cert. denied]

Simms v. First Madison Bank, FSB

Supreme Court of the United States

519 U.S. 1041, 117 S.Ct. 610, 136 L.Ed.2d 535

Dec. 16, 1996 Order/Opinion

[Order Re: Denying Rehearing]

Simms v. First Madison Bank, FSB

Supreme Court of the United States

519 U.S. 1143, 117 S.Ct. 1021, 136 L.Ed.2d 897

Feb. 18, 1997 Order/Opinion

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

Last updated May 29, 2022, 3:13 a.m.

ECF Number Description Date Link
12

ORDER granting in part [6-1] motion to dismiss for failure to state a claim , entered; Parties notified. As to all former residents of Forest Apartments as well as Doris M. Mannings and Robert L. Stanford. ( signed by Kenneth M. Hoyt ) (bchurchill) (Entered: 02/06/1992)

Feb. 5, 1991
1

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 404498 (fmremp) (Entered: 11/19/1991)

Nov. 15, 1991
2

ORDER , entered; Pltf to serve this order and attachments on defts. Parties may submit a revised dco n lt 2/3/92. Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 11/19/1991 (Entered: 11/19/1991)

Nov. 15, 1991
4

FIRST AMENDED COMPLAINT by Gordon D Simms , (Answer due 12/23/91 for First Gibraltar Bank ) amending [1-1] complaint , filed. (bchurchill) (Entered: 12/16/1991)

Dec. 13, 1991

SUMMONS issued for First Gibraltar Bank (bchurchill) (Entered: 12/16/1991)

Dec. 13, 1991
5

RETURN OF SERVICE executed as to First Gibraltar Bank 12/17/91 answer due on 1/23/92 for First Gibraltar Bank (bchurchill) Modified on 01/08/1992 (Entered: 01/06/1992)

Jan. 3, 1992
6

MOTION to dismiss for failure to state a claim by First Gibraltar Bank, Motion Docket Date 1/26/92 [6-1] motion , filed (part 1 of #6) (bchurchill) (Entered: 01/07/1992)

Jan. 6, 1992
6

ANSWER to Complaint by First Gibraltar Bank (Added attorney Laura Gibson), filed. (part 2 of #6) (bchurchill) (Entered: 01/07/1992)

Jan. 6, 1992
7

ACKNOWLEDGEMENT OF SERVICE as to First Gibraltar Bank 1/3/92 filed Answer due on 1/23/92 for First Gibraltar Bank (bchurchill) (Entered: 01/07/1992)

Jan. 7, 1992
8

SUPERCEDING SCHEDULING ORDER setting Joining of parties, amending of pleadings 2/1/92 ; Expert witness list submitted by 3/16/92 ; Discovery cutoff 5/4/92 ; Deadline for filing all dispositive motions 6/1/92 ; Deadline for filing non-dispositive motions 3/16/92 ; Pretrial order to be submitted on or before 8/1/92 ; Docket call deadline 11:30 8/10/92 ; ,entered; Parties notified ( Signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/17/1992)

Jan. 16, 1992
9

RESPONSE by Gordon D Simms in opposition to [6-1] motion to dismiss for failure to state a claim , filed (bchurchill) (Entered: 01/24/1992)

Jan. 23, 1992
10

MOTION to reschedule the docket by Gordon D Simms, Motion Docket Date 2/17/92 [10-1] motion , filed (bchurchill) (Entered: 01/29/1992)

Jan. 28, 1992
11

SCHEDULING ORDER setting Joining of parties, amending of pleadings 5/11/92 ; Expert witness list submitted by 7/6/92 ; Discovery cutoff 11/9/92 ; Deadline for filing all dispositive motions 1/11/93 ; Deadline for filing non-dispositive motions 7/6/92 ; Pretrial order to be submitted on or before 6/21/93 ; Docket call deadline 11:30 7/12/93 ; ,entered; Parties notified ( Signed by Judge Kenneth M. Hoyt ) (bchurchill) (Entered: 02/05/1992)

Feb. 4, 1992
13

MOTION for reconsideration of [12-1] order , for leave to file Amended Complaint by Robert Stanford, Donna Rhodes, Rosa Lee Faulkner, Bernice Snowden, Robert H Edwards, Willie Bea Johnson, Erma Woodard, Marie Banks, Bertha J Castle, Shirley Huitt, Motion Docket Date 5/6/92 [13-1] motion, 5/6/92 [13-2] motion , filed (INDEX herewith loose in 1 brown expandable folder) (fmremp) (Entered: 04/20/1992)

April 16, 1992
15

ORDER denying [13-1] motion for reconsideration of [12-1] order denying [13-2] motion for leave to file Amended Complaint , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 05/19/1992)

May 15, 1992
16

MOTION to amend [11-1] Scheduling order by Gordon D Simms, et al Motion Docket Date 7/21/92 [16-1] motion , filed (fmremp) (Entered: 07/02/1992)

July 1, 1992
17

FIRST AMENDED DOCKET CONTROL ORDER setting Expert witness list submitted by 11/27/92 ; Deadline for filing all dispositive motions 2/26/93 ; Deadline for filing non-dispositive motions 9/25/92 ; Pretrial order to be submitted on or before 6/21/93 ; Docket call deadline 11:30 7/12/93 ; ; , entered. Parties notified. ( Signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 07/09/1992)

July 7, 1992
18

MOTION to substitute attorney Raymond M Hill by Gordon D Simms et al, Motion Docket Date 8/12/92 [18-1] motion , filed (fmremp) (Entered: 07/28/1992)

July 23, 1992
19

ORDER granting [18-1] motion to substitute attorney Raymond M Hill terminated Added Raymond M Hill , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 07/31/1992)

July 29, 1992
20

MOTION for entry of amended docket control order by Gordon D Simms, Motion Docket Date 11/24/92 [20-1] motion filed (fmremp) (Entered: 11/05/1992)

Nov. 4, 1992
21

RESPONSE by First Gibraltar Bank to [20-1] motion for entry of amended docket control order , filed (fmremp) (Entered: 11/13/1992)

Nov. 12, 1992
22

MOTION to strike pltfs first set of interrogs and requet f/prouduction , or, in the alternative to abate pltfs first set of interrogs and request f/production , or, in the alternative for protective order by First Gibraltar Bank, Motion Docket Date 12/2/92 [22-1] motion, 12/2/92 [22-2] motion, 12/2/92 [22-3] motion , filed (fmremp) (Entered: 11/16/1992)

Nov. 12, 1992
23

ORDER denying [20-1] motion for entry of amended docket control order , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/20/1992)

Nov. 19, 1992
24

ORDER granting [22-1] motion to strike pltfs first set of interrogs and requet f/prouduction granting [22-2] motion to abate pltfs first set of interrogs and request f/production , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/20/1992)

Nov. 19, 1992
25

RESPONSE by Gordon D Simms to [22-1] motion to strike pltfs first set of interrogs and requet f/prouduction, [22-2] motion to abate pltfs first set of interrogs and request f/production, [22-3] motion for protective order , filed (fmremp) (Entered: 11/24/1992)

Nov. 23, 1992
26

MOTION for reconsideration of [24-1] order, [23-1] order by Gordon D Simms pltfs et al, Motion Docket Date 12/15/92 [26-1] motion , filed (bchurchill) Modified on 12/01/1992 (Entered: 12/01/1992)

Nov. 25, 1992
27

DESIGNATION OF EXPERT WITNESS LIST by Gordon D Simms pltfs et al filed. (bchurchill) (Entered: 12/01/1992)

Nov. 25, 1992
28

Defts Designation of EXPERT WITNESSES by First Gibraltar Bank filed. (fmremp) (Entered: 12/01/1992)

Nov. 27, 1992
29

RESPONSE by First Gibraltar Bank in opposition to [26-1] motion for reconsideration of [24-1] order, [23-1] order , filed (bchurchill) (Entered: 12/02/1992)

Nov. 30, 1992
30

ORDER denying [26-1] motion for reconsideration of [24-1] order, [23-1] order , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 12/10/1992)

Dec. 9, 1992
31

MOTION for leave of court to file second amended [1-1] complaint (w/Exhibit (c) to Second Amended Complaint attached) by Gordon D Simms, Motion Docket Date 3/16/93 [31-1] motion , filed (fmremp) (Entered: 02/25/1993)

Feb. 24, 1993
32

MOTION for summary judgment w/exhibits and affidavits attached by Gordon D Simms, Motion Docket Date 3/18/93 [32-1] motion , filed (fmremp) (Entered: 03/01/1993)

Feb. 26, 1993
33

Notice of change of address of Laura Gibson atty for First Gibraltar Bank , filed. (fmremp) (Entered: 03/08/1993)

March 8, 1993
34

RESPONSE by First Gibraltar Bank in opposition to [31-1] motion for leave of court to file second amended [1-1] complaint , filed (fmremp) (Entered: 03/17/1993)

March 15, 1993
36

RESPONSE by First Gibraltar Bank to [32-1] motion for summary judgment , filed (fmremp) (Entered: 03/19/1993)

March 18, 1993
37

MOTION for continuance to file additional affidavits in support of First Gibraltar's response in opposition to pltf mtn f/summary judgment by First Gibraltar Bank, Motion Docket Date 4/7/93 [37-1] motion , filed (fmremp) (Entered: 03/19/1993)

March 18, 1993
38

OBJECTION by First Gibraltar Bank to [32-1] motion for summary judgment evidence , filed. (fmremp) Modified on 03/22/1993 (Entered: 03/19/1993)

March 18, 1993
35

REPLY by Gordon D Simms to response to [31-1] motion for leave of court to file second amended [1-1] complaint , filed (fmremp) (Entered: 03/19/1993)

March 19, 1993
39

ORDER granting in part [31-1] motion for leave of court to file second amended [1-1] complaint denying [32-1] motion for summary judgment, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (ealexander) (Entered: 03/25/1993)

March 24, 1993
40

NOTICE of Name Change by First Gibraltar Bank , filed (fmremp) (Entered: 04/22/1993)

April 21, 1993
41

ORDER denying [32-1] motion for summary judgment , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 04/26/1993)

April 23, 1993
43

ORDER denying [37-1] motion for continuance to file additional affidavits in support of First Gibraltar's response in opposition to pltf mtn f/summary judgment , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 04/26/1993)

April 23, 1993
44

SECOND AMENDED COMPLAINT by Gordon D Simms , (Answer due 6/28/93 for First Gibraltar Bank ) amending [1-1] complaint adding Bank of America NA, California and Bank, Bank of America Texa, filed. (fmremp) (Entered: 06/21/1993)

June 18, 1993
45

MOTION in limine by Gordon D Simms, Motion Docket Date 7/8/93 [45-1] motion , filed (fmremp) (Entered: 06/21/1993)

June 18, 1993
46

FIRST MOTION for continuance by Gordon D Simms, Motion Docket Date 7/8/93 [46-1] motion , filed (fmremp) (Entered: 06/21/1993)

June 18, 1993
47

MOTION in limine by First Gibraltar Bank, Motion Docket Date 7/11/93 [47-1] motion , filed (fmremp) (Entered: 06/21/1993)

June 21, 1993
48

PRE-TRIAL ORDER by Gordon D Simms, First Gibraltar Bank , filed (fmremp) (Entered: 06/24/1993)

June 21, 1993
49

OBJECTION to Pltfs Trial Exhibits by First Gibraltar Bank , filed. (fmremp) (Entered: 06/24/1993)

June 22, 1993
50

OBJECTIONS to Deft's Trial Exhibits, by Gordon D Simms , filed. (fmremp) (Entered: 06/29/1993)

June 28, 1993
51

ORDER granting Pltfs [46-1] motion for continuance set jury trial for 11:30 9/13/93 , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 07/13/1993 (Entered: 07/13/1993)

July 12, 1993
52

Minute entry: granting [46-1] motion for continuance; Appearances of Raymond Hill for Pltf & Laura Gilson for Deft; Pltf request conference prior to next docket call - granted; Ct Reporter: W. Faris, filed. (ealexander) (Entered: 07/15/1993)

July 12, 1993
53

Minute entry: Jury tril held on 9/13/93; App: Hill f/pltf and Gibson f/deft. terminated deadlines Ptys announced Ready for trial. Jury trial requested. Attys' problems w/i the next 2 months: Atty Hill Oct 8-24/93. Atty Gibson Sept 29- Oct 4/93. Mr Deniger out of town week of 9/13/93. A number of out of town witnesses - would request 40 hours notice., entered. Parties ntfd. ( Signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 09/22/1993 (Entered: 09/15/1993)

Sept. 13, 1993
54

ORDER: Pltfs [45-1] motion in limineand Defts [47-1] motion in limine are DENIED without prejudice to the re-urging of same at the pre-trial conference, entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 09/30/1993)

Sept. 28, 1993

Change Address for Raymond M Hill and remailed out Order #54. (fmremp) (Entered: 10/18/1993)

Oct. 18, 1993
56

AMENDED MOTION in limine by Gordon D Simms, Motion Docket Date 11/15/93 [56-1] motion , filed. (fmremp) (Entered: 10/27/1993)

Oct. 26, 1993
57

MOTION for severance and other related relief by Doris Mannings, Robert Stanford, Motion Docket Date 11/17/93 [57-1] motion , filed. (fmremp) (Entered: 10/29/1993)

Oct. 28, 1993
58

NOTICE of Proposed Testimony and Documents and Proposed Jury Instructions including Charge by Gordon D Simms , filed (fmremp) (Entered: 11/04/1993)

Nov. 3, 1993
59

MOTION to quash trial subpoena of Mr David Deniger by David Deniger, Motion Docket Date 11/24/93 [59-1] motion , filed. (fmremp) (Entered: 11/05/1993)

Nov. 4, 1993
60

OBJECTION and Opposition by Gordon D Simms to [59-1] motion to quash trial subpoena of Mr David Deniger , filed. (fmremp) (Entered: 11/10/1993)

Nov. 8, 1993
61

ORDER granting [59-1] motion to quash trial subpoena of Mr David Deniger , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 11/18/1993)

Nov. 17, 1993
62

UNOPPOSED MOTION for continuance of trial by First Gibraltar Bank, Motion Docket Date 12/30/93 [62-1] motion , filed. (fmremp) (Entered: 12/13/1993)

Dec. 10, 1993
63

ORDER granting First Gibraltar Bank [62-1] motion for continuance of trial , entered; Parties notified. ( signed by Judge Kenneth M. ) (fmremp) (Entered: 12/13/1993)

Dec. 10, 1993
64

EMERGENCY MOTION to require attendance of witness at trial by Gordon D Simms, Motion Docket Date 1/12/94 [64-1] motion , filed. (fmremp) Modified on 01/06/1994 (Entered: 12/28/1993)

Dec. 23, 1993
65

JOINDER by Gordon D Simms in support of [57-1] motion for severance and other related relief , filed (fmremp) (Entered: 12/28/1993)

Dec. 23, 1993
65

MOTION for ruling on mtn for severance , and for finiding of fact and conclusions of law in respect to the denial by this Ct of all claims of the Tenants of Forest Apartments by Gordon D Simms, Motion Docket Date 1/12/94 [65-1] motion, 1/12/94 [65-2] motion , filed. (fmremp) (Entered: 12/28/1993)

Dec. 23, 1993
66

RESPONSE by First Gibraltar Bank to Pltfs Emergency [64-1] motion to require attendance of witness at trial , filed (fmremp) (Entered: 01/03/1994)

Dec. 30, 1993
67

ORDER denying Deft's [65-1] motion for ruling on mtn for severance , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/04/1994)

Jan. 3, 1994
68

RESPONSE by First Gibraltar Bank to [65-1] motion for ruling on mtn for severance , filed (fmremp) (Entered: 01/04/1994)

Jan. 3, 1994
69

REPLY by Gordon D Simms to Defts response to Emergency [64-1] motion to require attendance of witness at trial, filed (fmremp) (Entered: 01/06/1994)

Jan. 5, 1994
71

ORDER denying Pltf's [64-1] motion to require attendance of witness at trial , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 01/10/1994)

Jan. 7, 1994
72

ORDER overruling [65-2] motion for finiding of fact and conclusions of law in respect to the denial by this Ct of all claims of the Tenants of Forest Apartments, overruling [60-1] objection motion, overruling [57-1] motion for severance and other related relief, overruling [56-1] motion in limine , entered; If there is any need to reconsider any of these matters it will be done at the time of trial. Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) Modified on 01/11/1994 (Entered: 01/11/1994)

Jan. 7, 1994

Rec'd exhibits (previously filed); proposed Jury Instructions , frwd to CRD. (fmremp) (Entered: 01/20/1994)

Jan. 18, 1994
73

SUPPLEMENTAL AUTHORITY Regarding Non-Admissability of Dept of Housing and Urban Development Determination of No Reasonable Cause Dated October 25, 1990, by First Gibraltar Bank , filed (fmremp) (Entered: 02/01/1994)

Jan. 31, 1994
74

AMENDED MOTION in limine by First Gibraltar Bank, Motion Docket Date 2/21/94 [74-1] motion , filed. (fmremp) (Entered: 02/03/1994)

Feb. 1, 1994
75

BENCH BRIEF On Admissibility of HUD Determination Report, by First Gibraltar Bank , filed. (fmremp) (Entered: 02/03/1994)

Feb. 1, 1994
76

JURY TRIAL (1st day) held on 2/1/94. Apps: Hill f/pltf; Gibson f/deft; granting in part, denying in part; [74-1] motion in limine; deferred in part - voir dire. Jury selected and sworn. terminated deadlines Ct Reporter: J Schaeffer. Continued to 2/2/94. (fmremp) (Entered: 02/03/1994)

Feb. 1, 1994
77

JURY TRIAL (day 2) held on 2/2/94. Apps: Same as day one. Pltf evidence continues. Ct Reporter: J Schaeffer , filed. (fmremp) (Entered: 02/03/1994)

Feb. 2, 1994
78

3rd Day Jury trial held before Judge Kenneth M. Hoyt; App: Same as day one. Pltf evidence continues. Ct Reporter: Schaffer (fmremp) (Entered: 02/09/1994)

Feb. 3, 1994
79

Proposed AMENDED Jury instructions and Jury Questions by First Gibraltar Bank , filed (fmremp) Modified on 02/11/1994 (Entered: 02/11/1994)

Feb. 8, 1994
80

4th Day Jury trial held before Judge Kenneth M. Hoyt Ct Reporter: J Schaeffer App: Hill f/pltf and Gibson f/deft. (fmremp) (Entered: 02/11/1994)

Feb. 8, 1994
82

5th Day Jury trial held before Judge Kenneth M. Hoyt App: Same as first day. Ct Reporter: J Schaffer (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
83

TRIAL BRIEF at the close of Pltf's Evidence and Before the Presentation of Deft's Evidence upon Questions relating to Pltf's Prima Facia Burden by Gordon D Simms , filed (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
85

Defts BRIEF on Admissibility of HUD Determination Report by First Gibraltar Bank , filed. (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
86

MOTION for directed verdict by First Gibraltar Bank, Motion Docket Date 3/1/94 [86-1] motion , filed. (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
86

TRIAL MEMORANDUM OF LAW by First Gibraltar Bank , filed. (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
87

Voir dire questions by First Gibraltar Bank , filed (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
88

Supplemental Bill of Exceptions of Testimony of Scott Gesell by First Gibraltar Bank , filed (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
89

TRANSCRIPT OF PROCEEDINGS of Excerpt of Proceedings for dates of 2/2/94 before Judge Hoyt , filed. ( Court Rptr: Schaefer) (fmremp) (Entered: 02/14/1994)

Feb. 9, 1994
98

Proposed Jury instructions by Gordon D Simms , filed (fmremp) (Entered: 02/17/1994)

Feb. 9, 1994
81

ORDER , to provide the jury, consisting of 7 members and one security personnel with their meal on the 10th day of February 1994. entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 02/14/1994)

Feb. 10, 1994
90

Jury instructions, filed (fmremp) (Entered: 02/15/1994)

Feb. 10, 1994
91

NOTICE of Receipt for Withdrawal of Exhibits by Raymond Hill, attny for Gordon D Simms , filed (fmremp) (Entered: 02/15/1994)

Feb. 10, 1994
96

ORDER on Second Supplemental Bill of Exceptions on testimony of Scott Gesell. , entered; Parties notified. ( signed by Judge Kenneth M. Hoyt ) (fmremp) (Entered: 02/16/1994)

Feb. 10, 1994
97

SUPPLEMENT to [88-1] Bill of Exceptions on Testimony of Scott Gesell by First Madison Bank, First Gibraltar Bank , filed. (oeod 2/10/94) (fmremp) (Entered: 02/24/1994)

Feb. 10, 1994
92

Jury notes filed (fmremp) (Entered: 02/15/1994)

Feb. 11, 1994
93

JURY TRIAL held on 2/11/94. Jury finds for plaintiff in the amounts of $1,200,000 and $2,000,000. Motions for attnys fees to be submitted. Ct Reporter: J Schaeffer , filed. (fmremp) (Entered: 02/15/1994)

Feb. 11, 1994
94

Exhibit list by First Gibraltar Bank , filed (fmremp) (Entered: 02/15/1994)

Feb. 11, 1994
95

Exhibit list by Gordon D Simms , filed (fmremp) (Entered: 02/15/1994)

Feb. 11, 1994
99

MOTION for recovery of attorney fees , and for expenses of costs and interest by Gordon D Simms, Motion Docket Date 3/10/94 [99-1] motion, 3/10/94 [99-2] motion , filed. (fmremp) (Entered: 02/24/1994)

Feb. 18, 1994
101

RESPONSE by First Gibraltar Bank to [99-1] motion for recovery of attorney fees, [99-2] motion for expenses of costs and interest , filed. (fmremp) (Entered: 03/01/1994)

Feb. 28, 1994

State / Territory: Texas

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 15, 1991

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

White landlord who alleged that bank refused to issue commitment letter to refinance existing loan of landlord's apartment complex in predominantly minority area.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

First Gibraltar Bank, FSB, Private Entity/Person

Bank of American NA of San Francisco, Private Entity/Person

California and Bank of American Corporation, Private Entity/Person

Bank of America Texa, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Race, unspecified