Case: United States v. First National Bank of Pontotoc

3:06-cv-00061 | U.S. District Court for the Northern District of Mississippi

Filed Date: April 27, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On April 27, 2006, the United States government filed a lawsuit in the U.S. District Court for the Northern District of Mississippi against First National Bank of Pontotoc (the "Bank") and its former Vice-President, under Equal Credit Opportunity Act (ECOA). The U.S. sought damages, declaratory and injunctive relief, alleging that the defendants engaged in a practice or pattern of gender discrimination against female borrowers, female applicants for credit, and female account holders. Specifica…

On April 27, 2006, the United States government filed a lawsuit in the U.S. District Court for the Northern District of Mississippi against First National Bank of Pontotoc (the "Bank") and its former Vice-President, under Equal Credit Opportunity Act (ECOA). The U.S. sought damages, declaratory and injunctive relief, alleging that the defendants engaged in a practice or pattern of gender discrimination against female borrowers, female applicants for credit, and female account holders. Specifically, the U.S. alleged that the Vice-President sexually harassed the aforementioned women, and the Bank was liable for his actions. According to the DOJ press release, the Vice-President's actions included offensive comments, unwanted sexual touching, and demanding sexual favors from female customers over a period of years until his employment ended in May of 2004.

On July 6, 2006, the Vice-President filed a motion to dismiss. On November 3, 2006, the Court (Judge Glen H. Davidson) dismissed the motion.

On July 11, 2007, the U.S. filed an amended complaint, adding allegations of gender discrimination under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. In other respects, the complaint reiterated the original allegations. On July 25, 2007, the Bank filed a cross-claim against its former Vice-President, denying liability for the latter's actions and seeking compensation from him to the Bank for any liability imposed on the Bank.

The parties entered into settlement negotiations and reached an agreement. On November 7, 2007, the Court entered the parties' consent decree. The decree contained general injunctions on gender discrimination in: 1) application for credit: 2) residential real-estate related transaction; 3) terms or conditions of residential real-estate transactions. If the Vice-President resumed engagement in residential real-estate transaction, he had to provide notice to the plaintiff and go through a fair lending laws training, with focus on sex discrimination and harassment. The Bank agreed to institute anti-discrimination policies, including posting notices in media, and a complaints procedure for sexual harassment. The Bank also agreed to provide fair lending training to its present and future employees, focused on sexual harassment. The Bank agreed to pay $130,000.00 in damages to victims of sexual harassment and the Vice-President agreed to pay $120,000.00, with up to $50,000.00 for additional victims. The Bank had to pay $5,000.00 and the Vice-President $45,000.00 in civil penalty to the United States. The Bank also agreed to provide reports to the plaintiff pertaining to the consent decree. The decree remained in effect for five years and the Court retained jurisdiction over the decree for its duration.

On September 24, 2008, the Court (Judge Michael P. Mills) approved the joint stipulation of parties on disbursement of funds, and ordered payment of $50,000.00 by the Bank to 29 women with varying amounts.

Summary Authors

Zhandos Kuderin (7/31/2014)

People


Judge(s)

Davidson, Glen H. (Mississippi)

Davis, Jerry A. (Mississippi)

Mills, Michael P. (Mississippi)

Attorneys(s) for Plaintiff

Dougherty , Burtis M. (District of Columbia)

Kim, Wan J. (District of Columbia)

Kirwan, Tanya Ilona (District of Columbia)

Murphy, Donna M. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Abel, Cameron (Mississippi)

Frye, William Davis (Mississippi)

Judge(s)

Davidson, Glen H. (Mississippi)

Davis, Jerry A. (Mississippi)

Mills, Michael P. (Mississippi)

Attorneys(s) for Plaintiff

Dougherty , Burtis M. (District of Columbia)

Kim, Wan J. (District of Columbia)

Kirwan, Tanya Ilona (District of Columbia)

Murphy, Donna M. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Abel, Cameron (Mississippi)

Frye, William Davis (Mississippi)

Hauberg, Robert E. Jr. (Mississippi)

Malski, Michael C. (Mississippi)

Tollison, Grady F. Jr (Mississippi)

Documents in the Clearinghouse

Document

Docket

United States of America v. First National Bank of Pontotoc

Sept. 24, 2008 Docket
1

Complaint

United States of America v. First National Bank of Pontotoc

April 27, 2006 Complaint

Sexual Harassment of Costumers Alleged Against Mississippi Bank and Former Employee

United States of America v. First National Bank of Pontotoc

No Court

April 27, 2006 Press Release
23

Order Denying Motion to Dismiss

United States of America v. First National Bank of Pontotoc

Nov. 2, 2006 Order/Opinion
68

First National Bank of Pontooc's Answer to Amended Complaint and Cross-Claim

United States of America v. First National Bank of Pontotoc

July 25, 2007 Pleading / Motion / Brief

Justice Department Settles Sexual Harassment Lawsuit Against Mississippi Bank and Former Bank Vice President

United States of America v. First National Bank of Pontotoc

No Court

Nov. 6, 2007 Press Release
80

Consent Decree

United States of America v. First National Bank of Pontotoc

Nov. 6, 2007 Order/Opinion
86

Proposed Order

United States of America v. First National Bank of Pontotoc

Sept. 19, 2008 Order/Opinion
67

Amended Complaint

United States of America v. First National Bank of Pontotoc

July 11, 2011 Complaint

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against First National Bank of Pontotoc, William W. Anderson, Jury Demand , filed by United States of America. (Attachments: # 1 Civil Cover

April 27, 2006
3

MOTION for More Definite Statement by First National Bank of Pontotoc. (Malski, C.)

May 3, 2006
4

CORPORATE STATEMENT. (Malski, C.)

May 3, 2006
5

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; First National Bank of Pontotoc waiver sent on 5/3/2006. (Attachments: # 1)(Dougherty, Burtis)

May 16, 2006
6

RESPONSE to Motion re 3 MOTION for More Definite Statement filed by United States of America. (Kirwan, Tanya)

May 17, 2006
7

MEMORANDUM IN SUPPORT re 3 MOTION for More Definite Statement. (Malski, C.)

May 26, 2006
8

ORDER denying 3 Motion for More Definite Statement . Signed by Judge S. Allan Alexander on 6/7/06. (tlk, USDC)

June 7, 2006
9

Summons Issued as to William W. Anderson. (nsm, USDC)

June 8, 2006
10

First National Bank of Pontotoc's ANSWER to Complaint, CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc.(Malski, C.)

June 15, 2006
11

NOTICE OF SERVICE of First National Bank of Pontotoc's First Set of Interrogatories and Requests for Production of Documents by C. Michael Malski on behalf of First National Bank of Pontotoc to Plaintiff. (Malski, C.)

June 28, 2006
12

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; William W. Anderson waiver sent on 5/3/2006. (Dougherty, Burtis)

July 5, 2006
13

MOTION to Dismiss by William W. Anderson. (Tollison, Grady)

July 6, 2006
14

MEMORANDUM IN SUPPORT re 13 MOTION to Dismiss. (Tollison, Grady)

July 6, 2006

NOTICE OF CORRECTION: Waiver re−filed as doc.#15 re 12 Waiver of Service Executed (tab, USDC)

July 6, 2006
15

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; (Dougherty, Burtis)

July 6, 2006
16

Joint MOTION to Dismiss by First National Bank of Pontotoc. (Malski, C.)

July 7, 2006
17

Case REASSIGNED to Judge Jerry A. Davis. Judge S. Allan Alexander no longer assigned to the case. (tab, USDC)

July 7, 2006
18

RESPONSE in Opposition re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by United States of America. (Kirwan, Tanya)

July 24, 2006
19

MOTION for Extension of Time to Respond to Plaintiff United States of America's Response in Opposition to Plaintiff William W. Anderson's Motion to Dismiss by William W. Anderson. (Tollison, Grady)

July 26, 2006
20

ORDER granting 19 Motion for Extension of Time . Signed by Judge Glen H. Davidson on 7/26/06. (tab, USDC)

July 26, 2006
21

REPLY to Response to Motion re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by First National Bank of Pontotoc. (Malski, C.)

Aug. 4, 2006
22

REPLY to Response to Motion re 13 MOTION to Dismiss filed by William W. Anderson. (Tollison, Grady)

Aug. 16, 2006
23

ORDER denying 13 Motion to Dismiss, denying 16 Motion to Dismiss . Signed by Judge Glen H. Davidson on 11/2/06. (tab, USDC)

Nov. 3, 2006
25

INITIAL ORDER − RULE 16.1: Telephonic Case Management Conference set for 2/16/2007 at 10:00 AM in Judge Davis Chambers before Mag. Judge Jerry A. Davis.Signed by Judge Jerry A. Davis on 11/15/06. (egs, USDC)

Nov. 15, 2006
26

NOTICE OF SERVICE of Pre−Discovery Disclosure of Core Information by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff's Counsel. (Abel, Cameron)

Feb. 2, 2007
27

NOTICE OF SERVICE of Pre−Discovery Disclosure Information by Tanya Ilona Kirwan on behalf of United States of America to Defendants First National Bank of Pontotoc and William W. Anderson. (Kirwan, Tanya)

Feb. 2, 2007
28

Minute Entry for proceedings held before Judge Jerry A. Davis : Case Management Conference held on 2/16/2007. (egs, USDC)

Feb. 16, 2007
29

CASE MANAGEMENT ORDER: Case assigned to standard track. Discovery due by 8/16/2007. Amendments/Joinder of Parties due by 4/30/2007. Plaintiffs Designation of Experts due by 6/1/2007. Defendants Designation of Experts due by 7/2/2007. Motions due by 8/30/2007. Signed by Judge Jerry A. Davis on 2/16/07. (egs, USDC)

Feb. 16, 2007
30

ORDER OF RECUSAL. Judge Glen H. Davidson recused. Case reassigned to Judge Michael P. Mills for all further proceedings. Signed by Judge Glen H. Davidson on 3/1/07. (tab, USDC)

March 1, 2007
31

NOTICE OF SERVICE of US First Set of Interrogatories to Defendant Anderson; US First Request for Production to Defendant Anderson by Burtis M. Dougherty on behalf of United States of America to All counsel of record. (Dougherty, Burtis)

March 2, 2007

NOTICE OF CORRECTION notice un−signed, to be re−filed with signature re 31 Notice of Service (tab, USDC)

March 2, 2007
32

NOTICE OF SERVICE of US First Set of Interrogatories to Defendant Anderson; US First Request for Production to Defendant Anderson by Burtis M. Dougherty on behalf of United States of America to All Counsel of Record. (Dougherty, Burtis)

March 2, 2007
33

NOTICE OF SERVICE of Pre−Discovery Disclosure Information by C. Michael Malski on behalf of First National Bank of Pontotoc to Burtis M. Doughtery, Tanya Ilona Kirwan, Donna M. Murphy and Grady F. Tollison, Jr.. (Malski, C.)

March 15, 2007
34

NOTICE OF SERVICE of Notice of Service of US First Interrogatories and Requests for Production of Documents by Burtis M. Dougherty on behalf of United States of America to Defendants' Counsel of Record. (Dougherty, Burtis)

March 20, 2007
35

NOTICE OF SERVICE of Defendant William Anderson's First Set of Interrogatories and Requests for Production of Documents by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America. (Abel, Cameron)

March 27, 2007
36

NOTICE of Attorney Appearance by William Davis Frye on behalf of First National Bank of Pontotoc (Frye, William)

April 6, 2007
37

NOTICE of Attorney Appearance by Robert E. Hauberg, Jr on behalf of First National Bank of Pontotoc (Hauberg, Robert)

April 6, 2007
38

NOTICE OF SERVICE of Defendant William W. Anderson's Responses to First Set of Interrogatories and Requests for Production of Documents Propounded by the United States by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America and Co−Defendant First Nat'l Bank of Pontotoc. (Abel, Cameron)

April 9, 2007
39

Joint MOTION for Extension of Time for Responding to Discovery and Amending the Pleadings by United States of America, First National Bank of Pontotoc. (Frye, William)

April 20, 2007

Set/Reset Case Management Order Deadlines: Amendments/Joinder of Parties due by 5/30/2007. (nsm, USDC)

April 27, 2007
41

NOTICE OF SERVICE of Plaintiff United States' Response to Defendant William W. Anderson's First Set of Interrogatories to Plaintiff and Plaintiff United States' Response to Defendant William W. Anderson's First Request for Production of Documents to Plaintiff by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

April 30, 2007
42

NOTICE OF SERVICE of United States' Second Set of Interrogatories to Defendant William W. Anderson by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

May 8, 2007
43

MOTION for Protective Order by United States of America. (Kirwan, Tanya)

May 11, 2007
44

MEMORANDUM IN SUPPORT re 43 MOTION for Protective Order. (Kirwan, Tanya)

May 11, 2007
45

NOTICE OF SERVICE of Responses to Plaintiff's First Set of Interrogatories and First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc. (Frye, William)

May 23, 2007
46

RESPONSE to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)

May 24, 2007
47

MEMORANDUM IN SUPPORT re 46 Response to Motion. (Attachments: # 1 Exhibit A−E to Memo in Support of Defendant William Anderson's Response to Plaintiff's Motion for Protective Order) (Abel, Cameron)

May 24, 2007
48

NOTICE OF SERVICE of Supplemental Response to Plaintiff's First Set of Interrogatories by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America. (Abel, Cameron)

May 29, 2007
49

MOTION for Leave to File Amended Complaint by United States of America. (Attachments: # 1 Exhibit Proposed Amended Complaint) (Kirwan, Tanya)

May 30, 2007
50

MEMORANDUM IN SUPPORT re 49 MOTION for Leave to File Amended Complaint . (Kirwan, Tanya)

May 30, 2007
51

REPLY to Response to Motion re 43 MOTION for Protective Order filed by United States of America. (Kirwan, Tanya)

June 4, 2007
52

NOTICE OF SERVICE of First Set of Interrogatories and First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc to Plaintiff. (Frye, William)

June 6, 2007
53

REPLY to Response to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)

June 8, 2007
54

NOTICE OF SERVICE of Defendant's William W. Anderson's Responses to Second Set of Interrogatories Propounded by United States by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff, United States of America. (Abel, Cameron)

June 8, 2007
55

RESPONSE in Opposition re 49 MOTION for Leave to File Amended Complaint filed by First National Bank of Pontotoc. (Hauberg, Robert)

June 15, 2007
56

AMENDED SCHEDULING ORDER: Discovery due by 10/15/2007. Motions due by 11/15/2007. Plaintiffs Designation of Experts due by 8/15/2007. Defendants Designation of Experts due by 7/16/2007.Signed by Judge Jerry A. Davis on 6/19/07. (egs, USDC)

June 19, 2007
57

ORDER granting 43 Motion for Protective Order. Signed by Judge Jerry A. Davis on 6/20/2007. (jkj, USDC)

June 20, 2007
58

NOTICE OF SERVICE of Notice of Service of Supplemental Initial Disclosures by Burtis M. Dougherty on behalf of United States of America to Counsel for all

June 29, 2007
60

ORDER granting 49 Motion for Leave to File Amended Complaint within 14 days. Signed by Judge Jerry A. Davis on 7/5/2007. (jkj, USDC)

July 5, 2007
61

NOTICE OF SERVICE of United States' Responses to Defendant First National Bank of Pontotoc's First Set of Interrogatories and First Requests for Production of Documents by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

July 6, 2007
62

MOTION for Extension of Time to Designate Expert Witnesses by First National Bank of Pontotoc. (Attachments: # 1 Exhibit Exhibit "A" to Motion for Additional Time) (Frye, William)

July 6, 2007
63

NOTICE of Trial: MVD/Jury Trial set for 6/16/2008 09:40 AM in Oxford Courtroom 1 before Chief Judge Michael P. Mills. (spw, USDC)

July 10, 2007
64

NOTICE of Final Pretrial Conference set for 5/28/2008 at 10:00 AM in Judge Davis Chambers before Mag.Judge Jerry A. Davis. (egs, USDC)

July 10, 2007
65

ORDER Regarding Final Pretrial Conference Instructions. Signed by Judge Jerry A. Davis on 7/10/07. (egs, USDC)

July 10, 2007
66

ORDER granting 62 Motion for Extension of Time. Signed by Judge Jerry A. Davis on 7/11/07. (egs, USDC)

July 11, 2007

Set/Reset Case Management Order Deadlines: Discovery due by 10/30/2007; Plaintiffs Designation of Experts due by 8/29/2007; Defendants Designation of Experts due by 7/30/2007. (egs, USDC)

July 11, 2007
67

AMENDED COMPLAINT against all defendants, Jury Demand, filed by United States of America. (Kirwan, Tanya)

July 11, 2007
68

ANSWER to Amended Complaint and , CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc. (Frye, William)

July 25, 2007
69

NOTICE by William Davis Frye on behalf of First National Bank of Pontotoc Designation of Expert Witness (Attachments: # 1 Exhibit 1) (Frye, William)

July 27, 2007
70

Defendant William Anderson's ANSWER to Crossclaim by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)

Aug. 8, 2007
71

Defendant William Anderson's ANSWER to Amended Complaint by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)

Aug. 8, 2007
72

NOTICE OF SERVICE of First Supplemental Responses to Plaintiff's First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc. (Frye, William)

Aug. 13, 2007
73

NOTICE of Settlement Conference set for 9/14/2007 at 10:00 AM in Judge Davis Chambers before Mag. Judge Jerry A. Davis. (egs, USDC)

Aug. 16, 2007
74

NOTICE OF SERVICE of Supplemental Responses to Interrogatories and Requests for Production of Documents of Defendant William W. Anderson, Jr. by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

Aug. 17, 2007
75

NOTICE to Take Deposition of Anita Russell, Lisa Mathews, Jim Williams, and Julie Henry by Tanya Ilona Kirwan on behalf of United States of America (Kirwan, Tanya)

Aug. 28, 2007
76

NOTICE to Take Deposition of Linda Adams, Cathy Purdon, and Buddy Montgomery by Tanya Ilona Kirwan on behalf of United States of America (Kirwan, Tanya)

Aug. 28, 2007
78

Minute Entry for proceedings held before Judge Jerry A. Davis : Settlement Conference held on 9/14/2007. (egs, USDC) (Entered: 09/17/2007)

Sept. 14, 2007
79

NOTICE by Tanya Ilona Kirwan on behalf of United States of America Joint Notice of Entry of Proposed Consent Decree (Kirwan, Tanya)

Nov. 6, 2007
80

CONSENT DECREE. Signed by Judge Michael P. Mills on 11/6/07. (tab, USDC)

Nov. 7, 2007
81

ORDER DISMISSING CASE without prejudice for statistical purposes. CASE CLOSED. Signed by Judge Michael P. Mills on 11/7/07. (lpm, USDC)

Nov. 7, 2007
82

NOTICE OF ENDORSEMENT by William Davis Frye on behalf of First National Bank of Pontotoc re 80 Order (Frye, William)

Nov. 9, 2007
83

NOTICE OF ENDORSEMENT by Cameron Morgan Abel on behalf of William W. Anderson re 80 Order (Abel, Cameron)

Nov. 9, 2007
84

MOTION for Disbursement of Funds by All Parties by United States of America. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit, # 16 Affidavit, # 17 Affidavit, # 18 Affidavit, # 19 Affidavit, # 20 Affidavit, # 21 Affidavit, # 22 Affidavit, # 23 Affidavit, # 24 Affidavit, # 25 Affidavit, # 26 Affidavit, # 27 Affidavit, # 28 Affidavit, # 29 Affidavit) (Dougherty, Burtis)

Sept. 19, 2008
85

AMENDED DOCUMENT Certificate of Service Re #84 . (Dougherty, Burtis)

Sept. 19, 2008
86

ORDER granting 84 Motion for Disbursement of Funds. Signed by Mag. Judge Jerry A. Davis on 9/24/08. (egs, USDC)

Sept. 24, 2008
87

ORDER. Signed by Michael P. Mills on 9/24/08. (lpm, USDC)

Sept. 24, 2008

State / Territory: Mississippi

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: April 27, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States government on behalf of female victims of sexual harassment

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 Pontotoc (Pontotoc, Pontotoc), Private Entity/Person

Defendant Type(s):

Bank or credit provider

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)

Monetary Relief

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

Amount Defendant Pays: 350,000.00

Order Duration: 2007 - 2012

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Issues

General:

Pattern or Practice

Discrimination-area:

Contracting

Lending

Discrimination-basis:

Sex discrimination

Affected Gender:

Female