Case: United States v. Nixon

5:11-cv-00488 | U.S. District Court for the Western District of Texas

Filed Date: June 17, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On June 17, 2011, the United States filed a lawsuit in the United States District Court for the Western District of Texas, under the Equal Credit Opportunity Act, 15 U.S.C. §§1691-1691f ("ECOA") against the Nixon State Bank. The Nixon State Bank is a community-based bank in Nixon, Texas that offers a range of loan products, including mortgage loans, consumer loans, commercial loans, and agriculture loans. The U.S. alleged that in making these loans, the bank exhibited a pattern or practice of…

On June 17, 2011, the United States filed a lawsuit in the United States District Court for the Western District of Texas, under the Equal Credit Opportunity Act, 15 U.S.C. §§1691-1691f ("ECOA") against the Nixon State Bank. The Nixon State Bank is a community-based bank in Nixon, Texas that offers a range of loan products, including mortgage loans, consumer loans, commercial loans, and agriculture loans. The U.S. alleged that in making these loans, the bank exhibited a pattern or practice of anti-Hispanic discrimination, providing loans to Hispanics at higher rates than to non-Hispanics, without justification.

Settlement negotiations preceded the filing of the complaint, and on June 21, 2011, the District Court (Judge Fred Biery) approved a consent order, under which the defendant agreed to develop and establish uniform pricing policies and procedures designed to ensure nondiscriminatory pricing, and to numerous other implementation provisions, including fair credit training, systemic monitoring, complaint resolution processes, and $91,000 in damages to aggrieved persons. The provisions of the order were scheduled to last 4 and 1/4 years.

People


Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Shaw-Meadow, Robert (Texas)

Attorneys(s) for Defendant

Delionado, John (Florida)

Judge(s)

Biery, Samuel Frederick Jr. (Texas)

Attorneys(s) for Plaintiff

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Shaw-Meadow, Robert (Texas)

Attorneys(s) for Defendant

Delionado, John (Florida)

Documents in the Clearinghouse

Document

5:11-cv-00488

Docket

United States v. Nixon State Bank

June 30, 2011

June 30, 2011

Docket
1

5:11-cv-00488

Complaint

United States v. Nixon State Bank

June 17, 2011

June 17, 2011

Complaint
3

5:11-cv-00488

Consent Order

United States v. Nixon State Bank

June 21, 2011

June 21, 2011

Settlement Agreement

Resources

Docket

Last updated Aug. 15, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT . No Summons requested at this time, filed by United States Of America. (Attachments: # 1 Civil Cover Sheet)(Shaw−Meadow, Robert) Modified on 6/17/2011, to edit text (rf). (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

2

Unopposed MOTION for Declaratory Judgment by Nixon State Bank, United States Of America. (Attachments: # 1 Proposed Order)(Shaw−Meadow, Robert) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

Case Assigned to Chief Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kh2) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (kh2) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

3

CONSENT ORDER GRANTING 2 Motion for Declaratory Judgment. Signed by Chief Judge Fred Biery. (rf) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

4

Receipt of certified mail doc #3 directed to to Mr. John Delionado. (rf) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

5

Acknowledgment of certified mail doc #3 directed to John Delionado. (rf) (Entered: 06/30/2011)

June 30, 2011

June 30, 2011

Case Details

State / Territory: Texas

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 17, 2011

Closing Date: 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

United States Department of Justice

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

Nixon State Bank (Nixon), Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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: 2011 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic