Case: United States v. Evolve Bank and Trust

2:22-cv-02667 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 29, 2022

Closed Date: May 29, 2025

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Case Summary

This is a case challenging a bank’s alleged discriminatory lending practices. On September 29, 2022, the United States of America filed this lawsuit in the U.S. District Court for the Western District of Tennessee in the Western Division. The U.S. sued Evolve Bank and Trust, asserting violations of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). The U.S. alleged that Evolve implemented policies that resulted in Black, Hispanic, and female borrowers paying more in the “d…

This is a case challenging a bank’s alleged discriminatory lending practices.

On September 29, 2022, the United States of America filed this lawsuit in the U.S. District Court for the Western District of Tennessee in the Western Division. The U.S. sued Evolve Bank and Trust, asserting violations of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). The U.S. alleged that Evolve implemented policies that resulted in Black, Hispanic, and female borrowers paying more in the “discretionary pricing” components of home loans than white or male borrowers. The U.S. sought injunctive, declaratory, and equitable relief, along with monetary damages and a civil penalty against Evolve. The case was assigned to District Judge Sheryl H. Lipman.

On September 29, 2022, the parties filed a joint motion for approval and entry of a proposed consent order. The terms required Evolve to maintain a recordkeeping system for all residential mortgage loans that ensured consistency across Evolve’s branches and provide an equal credit opportunity training program, among other things, and would terminate ninety days after the submission of Evolve’s fourth annual report to the government. On October 17, 2022, the court signed the consent order and dismissed the case.

After a change in presidential administration, on May 13, 2025, the government moved to terminate the consent order early and dismiss the case, arguing that Evolve had demonstrated substantial compliance with its requirements. On May 29, 2025, the court partially granted the government’s motion by terminating the consent order, but explained that, since the case was already closed and dismissed, it could not be dismissed again.

Summary Authors

Alexis Gil (6/29/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65386646/parties/united-states-v-evolve-bank-and-trust/

Judge(s)

Lipman, Sheryl Halle (Tennessee)

Judge(s)

Lipman, Sheryl Halle (Tennessee)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:22-cv-02667	Complaint	Sept. 29, 2022	Sept. 29, 2022 Complaint
4 2:22-cv-02667	Joint Motion For Approval And Entry Of Proposed Consent Order And Memorandum In Support	Sept. 29, 2022	Sept. 29, 2022 Pleading / Motion / Brief
12 2:22-cv-02667	Consent Order	Oct. 17, 2022	Oct. 17, 2022 Order/Opinion
13 2:22-cv-02667	Judgment	Oct. 17, 2022	Oct. 17, 2022 Order/Opinion
14 2:22-cv-02667	Plaintiff's Unopposed Motion to Terminate Consent Order and Dismiss With Prejudice and Memorandum in Support United States of America v. Evolve Bank and Trust	May 13, 2025	May 13, 2025 Pleading / Motion / Brief
15 2:22-cv-02667	Order Granting in Part Plaintiff's Unopposed Motion to Terminate Consent Order and Dismiss with Prejudice United States of America v. Evolve Bank and Trust	May 29, 2025	May 29, 2025 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/65386646/united-states-v-evolve-bank-and-trust/

Last updated Sept. 24, 2026, 4:49 a.m.

Docket for: United States v. Evolve Bank and Trust

ECF Number	Date	Description	Link
1	Sept. 29, 2022	COMPLAINT against United States of America, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Niles, Sara) (Entered: 09/29/2022)	Clearinghouse
2	Sept. 29, 2022	Judge Sheryl H. Lipman and Chief Magistrate Judge Tu M. Pham added. (jae) (Entered: 09/29/2022)	RECAP
3	Sept. 29, 2022	NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) (Entered: 09/29/2022)	RECAP
4	Sept. 29, 2022	MOTION for Settlement proposed order submitted by All Plaintiffs. (Attachments: # 1 Exhibit proposed Consent Order)(Niles, Sara) (Entered: 09/29/2022)	Clearinghouse
5	Sept. 29, 2022	NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) (Entered: 09/29/2022)	RECAP
6	Sept. 29, 2022	NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) (Entered: 09/29/2022)	RECAP
	Sept. 29, 2022	Notice LR 16.2
	Sept. 29, 2022	ADR Compliance
	Sept. 29, 2022	Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge
7	Oct. 6, 2022	SETTING LETTER: A HEARING re: Proposed Consent Order has been SET before Judge Sheryl H. Lipman for THURSDAY, OCTOBER 13, 2022 at 2:00 P.M. (CDT). The hearing will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. (jpw) (Entered: 10/06/2022)	RECAP
8	Oct. 7, 2022	MOTION for Leave to Appear Pro Hac Vice with proposed order submitted in word format by email to Judge Lipman (Filing fee $ 150 receipt number ATNWDC-3986960) by Evolve Bank and Trust. (Attachments: # 1 DC Certificate of Good Standing, # 2 USDC-DC Certificate of Good Standing)(Naimon, Jeffrey) (Entered: 10/07/2022)	RECAP
9	Oct. 7, 2022	TEXT ONLY ORDER GRANTING 8 Motion for Leave to Appear Pro Hac Vice for Jeffrey P. Naimon. Signed by Judge Sheryl H. Lipman on 10/7/2022. (shl) (Entered: 10/07/2022)	RECAP
	Oct. 7, 2022	Order on Motion for Leave to Appear Pro Hac Vice
10	Oct. 10, 2022	NOTICE of Appearance by Robert L. Crawford on behalf of Evolve Bank and Trust (Crawford, Robert) (Entered: 10/10/2022)	RECAP
11	Oct. 13, 2022	Minute Entry for proceedings held before Judge Sheryl H. Lipman: Microsoft Teams Video Motion Hearing held on 10/13/2022. Sara Lewenberg Niles and Eileen Kuo appeared for the Plaintiff. Jeffery P. Naimon and Robert L. Crawford appeared for the Defendant. 4 Joint Motion for Approval and Entry of Proposed Consent Order heard and taken under advisement. Order to be entered. (Court Reporter: April Lassiter-Benson) (jpw) (Entered: 10/13/2022)	RECAP
	Oct. 13, 2022	Motion Hearing
12	Oct. 17, 2022	CONSENT ORDER. Signed by Judge Sheryl H. Lipman on 10/17/2022. (shl) (Entered: 10/17/2022)	Clearinghouse
13	Oct. 17, 2022	JUDGMENT. Signed by Judge Sheryl H. Lipman on 10/17/2022. (shl) (Entered: 10/17/2022)	Clearinghouse
14	May 13, 2025	MOTION to Dismiss and Terminate Consent Order, proposed order submitted by United States of America. (Raimondo, Katherine) (Entered: 05/13/2025)	Clearinghouse
15	May 29, 2025	ORDER GRANTING IN PART 14 PLAINTIFF'S UNOPPOSED MOTION TO TERMINATE CONSENT ORDER AND DISMISS WITH PREJUDICE. Signed by Chief Judge Sheryl H. Lipman on 5/29/2025. (shl) (Entered: 05/29/2025)	Clearinghouse

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Case Details

State / Territory:

Tennessee

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Fair Lending

Key Dates

Filing Date: Sept. 29, 2022

Closing Date: May 29, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the Department of Justice (DOJ) which is an executive department of the United States federal government that oversees the domestic enforcement of federal laws and the administration 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

Private Entity/Person

Evolve Bank and Trust

Defendant Type(s):

Bank or credit provider

Jurisdiction-wide

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

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

Other Dockets:

Western District of Tennessee 2:22-cv-02667

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Comply with advertising/recruiting requirements

Discrimination Prohibition

Order Duration: 2022 - 2025

Issues

General/Misc.:

Discrimination Area:

Discrimination Basis:

National origin discrimination

Race discrimination

Sex discrimination

Affected Language(s):

Spanish

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of United States v. Evolve Bank and Trust, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43601/ (last updated 6/29/2026).