Case: United States v. Associates National Bank

1:99-cv-00196 | U.S. District Court for the District of Delaware

Filed Date: March 29, 1999

Closed Date: Jan. 8, 2001

Clearinghouse coding complete

Case Summary

On March 29, 1999 the Department of Justice filed a claim in the U.S. District Court for the District of Delaware against Associates National Bank of Delaware, a consumer credit card bank, alleging that it engaged in discriminatory lending practices. More specifically, the Department of Justice alleged that the defendant violated the Equal Credit Opportunity Act by discriminating on the basis of national origin. More specifically, the Department of Justice charged that Associates National Bank …

On March 29, 1999 the Department of Justice filed a claim in the U.S. District Court for the District of Delaware against Associates National Bank of Delaware, a consumer credit card bank, alleging that it engaged in discriminatory lending practices.

More specifically, the Department of Justice alleged that the defendant violated the Equal Credit Opportunity Act by discriminating on the basis of national origin. More specifically, the Department of Justice charged that Associates National Bank of Delaware subjected Hispanic borrowers to stricter underwriting standards and less favorable terms and conditions than those applied to non-Hispanic borrowers.

These findings were based on a report filed in March 1997 by the Office of the Comptroller of the Currency after the agency completed a routine bank examination.

The plaintiff filed a proposed consent order on January 8, 2001 that was signed by the court. Under the consent order, the defendant is permanently enjoined from engaging in any act or practice that violates the Equal Credit Opportunity Act. In addition, the defendant will establish a $1.5 million compensation fund to provide damages to Hispanic borrowers who applied for for a credit card between late February 1996 and April 1997. Any remaining funds will go towards a consumer education outreach campaign to Hispanic communities.

This is the first fair lending case brought by the Department of Justice alleging discrimination in connection with credit cards.

Summary Authors

Megan Richardson (3/30/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11156097/parties/united-states-v-associates-natl-bank/


Judge(s)
Attorney for Plaintiff

Byrd, April (Delaware)

Green, David A (Delaware)

Heffernan, Brian F. (District of Columbia)

Kinney, Judith (Delaware)

Attorney for Defendant

Klubes, Benjamin Barnet (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:99-cv-00196

Docket

United States of America v. Associates National Bank

Sept. 21, 2001

Sept. 21, 2001

Docket

Credit Card Company Sued by Justice Department for Discriminating Against Hispanics

United States v. Associates National Bank

No Court

March 29, 1999

March 29, 1999

Press Release

1:99-cv-00196

Settlement Agreement Between United States of America and Associates National Bank

Jan. 8, 2001

Jan. 8, 2001

Settlement Agreement

Justice Department Settles Lending Discrimination Suit Against Associates National Bank [Press Release]

No Court

Jan. 8, 2001

Jan. 8, 2001

Press Release

1:99-cv-00196

Complaint

United States of America v. Associates National Bank

None

Complaint

[Case Summary]

No Court

None

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11156097/united-states-v-associates-natl-bank/

Last updated Aug. 21, 2026, 5:24 a.m.

Docket for: United States v. Associates Natl Bank
ECF Number Date Description Link
1 March 29, 1999

COMPLAINT filed; Mag consent notice to pltf. (dab) (Entered: 03/29/1999)

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March 29, 1999

No summons issued. (dab)

2 April 7, 1999

CASE assigned to Judge Sue L. Robinson . Notice to all parties. (ntl) (Entered: 04/07/1999)

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3 April 9, 1999

NOTICE of waiver of service of summons by U.S.A. (lf) (Entered: 04/13/1999)

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4 May 26, 1999

MOTION by Associates Natl Bank with Proposed Order for Heather Russell Koenig, Esq. to Appear Pro Hac Vice (lf) (Entered: 05/27/1999)

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5 May 26, 1999

MOTION by Associates Natl Bank for Andrew Sandler, Esq. to Appear Pro Hac Vice (lf) (Entered: 05/27/1999)

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6 May 26, 1999

MOTION by Associates Natl Bank for Benjamin Klubes, Esq. to Appear Pro Hac Vice (lf) (Entered: 05/27/1999)

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7 May 26, 1999

MOTION by Associates Natl Bank with Proposed Order for Donna Wilson, Esq. to Appear Pro Hac Vice (lf) (Entered: 05/27/1999)

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8 May 27, 1999

MOTION by Associates Natl Bank with Proposed Order to Dismiss (lf) (Entered: 06/02/1999)

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9 May 27, 1999

Opening Brief Filed by Associates Natl Bank [8-1] motion to Dismiss - Answer Brief due 6/10/99 (lf) (Entered: 06/02/1999)

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May 27, 1999

So Ordered granting [7-1] motion for Donna Wilson, Esq. to Appear Pro Hac Vice, granting [6-1] motion for Benjamin Klubes, Esq. to Appear Pro Hac Vice, granting [5-1] motion for Andrew Sandler, Esq. to Appear Pro Hac Vice, granting [4-1] motion for Heather Russell Koenig, Esq. to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (lf)

10 June 3, 1999

ORDER setting scheduling cnf. for 6/24/99; see order for details ( signed by Judge Sue L. Robinson ) copies to: cnsl (lf) (Entered: 06/04/1999)

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11 June 3, 1999

STIPULATION with proposed order; Re: Briefing (lf) (Entered: 06/08/1999)

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June 8, 1999

So Ordered granting [11-1] stipulation ( signed by Judge Sue L. Robinson ) Notice to all parties. (lf)

12 June 17, 1999

MOTION by U.S.A. with Proposed Order for Clay Guthridge, Esq. to Appear Pro Hac Vice (lf) (Entered: 06/21/1999)

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13 June 17, 1999

MOTION by U.S.A. with Proposed Order for Valerie O'Brian, Es.q to Appear Pro Hac Vice (lf) (Entered: 06/21/1999)

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14 June 18, 1999

Letter dated 6/18/99 from David Green, Esq. to Judge Robinson; Re: rst to be excused from participating in telecnf. scheduled for 6/24/99 (lf) (Entered: 06/23/1999)

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June 21, 1999

So Ordered granting [13-1] motion for Valerie O'Brian, Es.q to Appear Pro Hac Vice, granting [12-1] motion for Clay Guthridge, Esq. to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (lf)

15 June 22, 1999

Letter dated 6/22/99 from David Green, Esq. to Judge Robinson; Re: filing proposed scheduling order (lf) (Entered: 06/23/1999)

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16 June 22, 1999

Proposed scheduling Order filed by U.S.A., Associates Natl Bank (lf) (Entered: 06/23/1999)

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17 June 24, 1999

ORDER, oral argument scheduled for 8/19/99 concerning deft's motion to dismiss ( signed by Judge Sue L. Robinson ) copies to: cnsl (lf) (Entered: 06/29/1999)

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18 July 2, 1999

NOTICE of substitution of attorney appearance for U.S.A. by Judith M. Kinney in lieu of David Green (lf) (Entered: 07/06/1999)

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19 July 2, 1999

Answer Brief Filed by U.S.A. [8-1] motion to Dismiss - Reply Brief due 7/9/99 (lf) (Entered: 07/06/1999)

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20 July 2, 1999

Appendix to Brief Filed by U.S.A. Appending [19-1] answer brief (lf) (Entered: 07/06/1999)

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21 July 21, 1999

MOTION by U.S.A. with Proposed Order for Brian Heffernan, Esq. to Appear Pro Hac Vice (lf) (Entered: 07/23/1999)

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July 27, 1999

So Ordered granting [21-1] motion for Brian Heffernan, Esq. to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (lf)

22 July 28, 1999

Reply Brief Filed by Associates Natl Bank [8-1] motion to Dismiss (lf) (Entered: 07/29/1999)

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Aug. 19, 1999

Motion hearing re: [8-1] motion to Dismiss. Robinson, J., sitting; Rptr: V. Gunning (lf)

23 Aug. 25, 1999

TRANSCRIPT filed [0-0] motion hearing for dates of 8/19/99; Rptr: V. Gunning (lf) (Entered: 08/27/1999)

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24 Sept. 2, 1999

ANSWER to Complaint by Associates Natl Bank (Attorney ), (lf) (Entered: 09/07/1999)

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25 Sept. 17, 1999

DEMAND for jury trial by U.S.A. (lf) (Entered: 09/20/1999)

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26 Sept. 28, 1999

MOTION by Associates Natl Bank for Summary Judgment Answer Brief due 10/12/99 re: [26-1] motion (lf) (Entered: 09/29/1999)

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27 Sept. 28, 1999

Opening Brief Filed by Associates Natl Bank [26-1] motion for Summary Judgment - Answer Brief due 10/12/99 (lf) (Entered: 09/29/1999)

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28 Sept. 28, 1999

Exhibits to Brief Filed by Associates Natl Bank Appending [27-1] opening brief (lf) (Entered: 09/29/1999)

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29 Oct. 7, 1999

MOTION by U.S.A. with Proposed Order for Seth Rosenthal, Esq. to Appear Pro Hac Vice (lf) (Entered: 10/08/1999)

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30 Oct. 8, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank; 1st set of interrogs (lf) (Entered: 10/13/1999)

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31 Oct. 8, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank; Rqst for production of documents (lf) (Entered: 10/13/1999)

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Oct. 11, 1999

So Ordered granting [29-1] motion for Seth Rosenthal, Esq. to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (lf)

32 Oct. 13, 1999

JOINT STATUS REPORT AND STIPULATION regarding proposed briefing schedule with proposed order (lf) (Entered: 10/15/1999)

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33 Oct. 15, 1999

CERTIFICATE OF SERVICE by U.S.A.: Re: 1st set of continuing interrogs (lf) (Entered: 10/15/1999)

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34 Oct. 15, 1999

CERTIFICATE OF SERVICE by U.S.A.; Re: 1st rqst for production of documents and other tangible things directed to deft and 1st set of continuing interrogs (lf) (Entered: 10/15/1999)

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35 Oct. 15, 1999

CERTIFICATE OF SERVICE by U.S.A.; 1st rqst for production of documents and other tangible things (lf) (Entered: 10/15/1999)

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37 Oct. 25, 1999

CERTIFICATE OF SERVICE re U.S.A.'s resp. to deft's 1st set interrogs. & resp. to deft's 1st rqst. prod. docs. (bkb) (Entered: 11/09/1999)

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38 Oct. 25, 1999

CERTIFICATE OF SERVICE by U.S.A. (bkb) (Entered: 11/09/1999)

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36 Oct. 27, 1999

Letter to Judge Robinson fro Ms. Kinney re mot. of adm. phv. (bkb) (Entered: 11/09/1999)

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39 Oct. 27, 1999

AMENDED MOTION by U.S.A. with Proposed Order for Seth Rosenthal to Appear Pro Hac Vice re: [39-1] motion (bkb) (Entered: 11/09/1999)

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Oct. 29, 1999

So Ordered granting [32-1] stipulation reset Scheduling Order Deadlines: Discovery deadline on 12/29/99; Deadline for filing dispositive(i.e., deft's amended sum. jgm. motion) motions by 1/18/00 ; ans. br. due 2/15/00; rply. br. due 2/29/00; SEE ORDER FOR FURTHER DETAILS. ( signed by Judge Sue L. Robinson ) Notice to all parties. (bkb)

40 Nov. 1, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank re resp. to pltf's 1st set interrogs. (bkb) (Entered: 11/09/1999)

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41 Nov. 1, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank re resp. & obj. to pltf's 1st rqst. prod. docs. (bkb) (Entered: 11/09/1999)

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42 Nov. 4, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank RE First Supplemental Response and Objections to Pltf's First Request for Production of Documents and Other Tangible Things (dab) (Entered: 12/02/1999)

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Nov. 10, 1999

So Ordered granting [39-1] motion for Seth Rosenthal to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) Notice to all parties. (dab)

44 Dec. 6, 1999

CERTIFICATE OF SERVICE by U.S.A. re service of ntc. of service. (bkb) (Entered: 12/15/1999)

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45 Dec. 6, 1999

NOTICE by U.S.A. to take deposition of Fred Nutt on 12/7/99 (bkb) (Entered: 12/15/1999)

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43 Dec. 9, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. depos. & amended ntc. depos. (bkb) (Entered: 12/15/1999)

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46 Dec. 9, 1999

AMENDED NOTICE by U.S.A. to take deposition of Fred Nutt on 12/7/99 (bkb) (Entered: 12/15/1999)

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47 Dec. 9, 1999

NOTICE by U.S.A. to take deposition of Assoc. Nat'l. Bank on 12/10/99 (bkb) (Entered: 12/15/1999)

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48 Dec. 10, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. of depos. of Michelle Puccis on 12/13/99 (bkb) (Entered: 12/15/1999)

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49 Dec. 10, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. depos. of Eugene Truono, et al. starting Dec. 10,1999 (bkb) (Entered: 12/15/1999)

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50 Dec. 10, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. depo. og Jill Hughes, et al. starting 12/13/99 (bkb) (Entered: 12/15/1999)

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51 Dec. 14, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. depos. of Patrick McCann on 12/21/99 at 1:00 p.m. (bkb) (Entered: 12/16/1999)

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52 Dec. 16, 1999

CERTIFICATE OF SERVICE by U.S.A. re ntc. depos. of Christopher Riviello at noon on 12/28/99. (bkb) (Entered: 12/17/1999)

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53 Dec. 29, 1999

CERTIFICATE OF SERVICE by Associates Natl Bank; Re: 1st rqst for admissions from pltf (lf) (Entered: 01/03/2000)

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54 Jan. 5, 2000

Steno Notes for 1/5/00; Rptr: B. Gaffigan (lf) (Entered: 01/07/2000)

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55 Jan. 5, 2000

Letter dated 1/5/00 from Michelle Morgan-Kelly to Judge Robinson; Re: Joint notice of issues for discovery hearing (lf) (Entered: 01/07/2000)

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Jan. 5, 2000

Tele-conference held, Robinson, J., sitting; Rptr: B. Gaffigan (lf)

56 Jan. 6, 2000

JOINT NOTICE of issues for discovery hearing by U.S.A., Associates Natl Bank (lf) (Entered: 01/07/2000)

RECAP
58 Jan. 10, 2000

CERTIFICATE OF SERVICE by U.S.A.; Supplemental responses to defts 1st set of interrogs and supplemental responses to deft 1st rqst for production of documents and other tangible things (lf) (Entered: 01/13/2000)

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57 Jan. 12, 2000

Letter dated 1/12/00 from Michelle morgan Kelly, Esq. to Judge RObinson; Re: filing submission of Mr. Sandler at the direction of the court (lf) (Entered: 01/13/2000)

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59 Jan. 12, 2000

MOTION by U.S.A. with Proposed Order for Protective Order (lf) (Entered: 01/13/2000)

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60 Jan. 12, 2000

NOTICE of substitution of attorney appearance for U.S.A. by April Byrd in lieu of Judith Kinney, Esq. (lf) (Entered: 01/13/2000)

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61 Jan. 12, 2000

Letter dated 1/12/00 from April Byrd, Esq. to Judge Robinson; Re: issues as to the filing of the motion for protective order (lf) (Entered: 01/13/2000)

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62 Jan. 13, 2000

TRANSCRIPT filed [0-0] telephone conference for dates of 1/5/00; Rptr; B. Gaffigan (lf) (Entered: 01/14/2000)

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63 Jan. 13, 2000

CERTIFICATE OF SERVICE by U.S.A.; Re: Response to deft Assoc. National Bank's 1st rqst for admissions (lf) (Entered: 01/14/2000)

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64 Jan. 13, 2000

CERTIFICATE OF SERVICE by U.S.A.; Response to deft Assoc. National Bank's 1st rqst for admissions (lf) (Entered: 01/14/2000)

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67 Jan. 18, 2000

ORDER, pltf need not produce documents listed on privilege log; see order for details ( signed by Judge Sue L. Robinson ) copies to: cnsl (lf) (Entered: 01/19/2000)

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68 Jan. 18, 2000

AMENDED INITIAL MOTION by Associates Natl Bank for Summary Judgment Answer Brief due 2/1/00 re: [68-1] motion (SEALED) (lf) Modified on 01/19/2000 (Entered: 01/19/2000)

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69 Jan. 18, 2000

Opening Brief Filed by Associates Natl Bank [68-1] motion for Summary Judgment - Answer Brief due 2/1/00 (SEALED) (lf) Modified on 01/19/2000 (Entered: 01/19/2000)

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70 Jan. 18, 2000

SEALED exhibits to brief in support of amended initial motion for summary judgment of by Associates Natl Bank (SEALED) (lf) (Entered: 01/19/2000)

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71 Jan. 18, 2000

NOTICE of Exhibits to brief in support of amended initial motion for summary judgment by Associates Natl Bank (lf) (Entered: 01/19/2000)

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72 Jan. 18, 2000

DEPOSITIONS/AFFIDAVITS in support of amended initial motion for summary judgment (lf) (Entered: 01/19/2000)

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65 Jan. 19, 2000

Letter dated 1/13/00 from Michelle Morgan Kelly to Judge RObinson; Re: filing response by Mr. Sandler to Government submission of 1/12/00 (lf) (Entered: 01/19/2000)

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66 Jan. 19, 2000

Letter dated 1/13/00 from Andrew Sandler to Judge Robinson; Re: response to GOv. response of 1/12/00 (lf) (Entered: 01/19/2000)

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73 Jan. 20, 2000

REDACTED MOTION by Associates Natl Bank for Summary Judgment - Public copy (lf) (Entered: 01/21/2000)

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74 Jan. 20, 2000

REDACTED Opening Brief Filed by Associates Natl Bank (lf) (Entered: 01/21/2000)

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75 Jan. 26, 2000

Steno Notes for 1/26/00; Rptr: B. Gaffigan (lf) (Entered: 01/27/2000)

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76 Feb. 15, 2000

Answer Brief Filed by U.S.A. [68-1] motion for Summary Judgment - Reply Brief due 2/22/00 (lf) (Entered: 02/15/2000)

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77 Feb. 15, 2000

Documentary Exhibits to Brief Filed by U.S.A. Appending [76-1] answer brief (lf) (Entered: 02/15/2000)

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78 Feb. 15, 2000

NOTICE of Exhibit 55 to documentary exhibit binder by U.S.A. (SEALED) (lf) (Entered: 02/15/2000)

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79 Feb. 15, 2000

NOTICE of Exhibit 57 to Documentary Exhibits by U.S.A. (SEALED) (lf) (Entered: 02/15/2000)

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80 Feb. 15, 2000

DEPOSITION exhibits for the US brief in opposition to defts amended initial motion for summary judgment (lf) (Entered: 02/15/2000)

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81 Feb. 29, 2000

Reply Brief Filed by Associates Natl Bank [73-1] motion for Summary Judgment (lf) (Entered: 03/02/2000)

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82 Feb. 29, 2000

DEPOSITIONS for defts reply brief in support of amended initial motion for summary judgment (lf) (Entered: 03/02/2000)

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83 Feb. 29, 2000

REQUEST by U.S.A. for Oral argument on motion for summary judgment (lf) (Entered: 03/02/2000)

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84 March 20, 2000

ORDER, pltf's rqst for oral argument on deft's amended motion for summary judgment is denied ( signed by Judge Sue L. Robinson ) copies to: cnsl (lf) (Entered: 03/21/2000)

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85 Oct. 10, 2000

Letter dated 10/10/00 from Andrew Sandler, Esq. to Judge Robinson; Re: supplemental letter submission in support of ANB's pending motion for summary judgment (lf) Modified on 10/12/2000 (Entered: 10/12/2000)

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86 Oct. 13, 2000

Letter dated 10/13/00 from April Byrd, Esq. to Judge Robinson; Re: response to 10/10/00 letter to the court (lf) (Entered: 10/16/2000)

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87 Oct. 13, 2000

Letter dated 10/13/00 from Paulette Nash, Esq. to Judge RObinson; Re: US intends not to file response (lf) (Entered: 10/16/2000)

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88 Oct. 24, 2000

NOTICE of substitution of attorney appearance for U.S.A. by Judith Kinney, Esq. in place of April Byrd, Esq. (lf) (Entered: 10/26/2000)

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89 Dec. 1, 2000

ORDER, Motion Hearing set for 4:00 1/8/01 for [68-1] motion for Summary Judgment ( signed by Judge Sue L. Robinson ) copies to: cnsl. (bkb) (Entered: 12/08/2000)

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90 Dec. 22, 2000

ORDER, parties to address issues in order at oral arg. set for 1/8/01 at 4:00 p.m. regarding deft's motion for sum. judg ( signed by Judge Sue L. Robinson ) copies to: cnsl. (bkb) (Entered: 12/27/2000)

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Case Details

State / Territory:

Delaware

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: March 29, 1999

Closing Date: Jan. 8, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice Civil Rights Division, Section on Housing and Civil Enforcement.

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

Private Entity/Person

Associates National Bank of Delaware

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Other Dockets:

District of Delaware 1:99-cv-00196

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Amount Defendant Pays: $1,500,000.

Order Duration: 2001 - 2001

Issues

General/Misc.:

Predatory lending

Discrimination Area:

Lending

Discrimination Basis:

National origin discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Recommended Citation