Case: United States v. ESSA Bank & Trust

2:23-cv-02065 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 31, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging a bank’s alleged discriminatory lending practices.  On May 31, 2023, the United States of America filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The U.S. sued ESSA Bank and Trust, asserting violations of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). The U.S. alleged that ESSA engaged in unlawful redlining by refusing to provide home loans and other mortgage services in majority-Black and Hispanic neigh…

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

On May 31, 2023, the United States of America filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The U.S. sued ESSA Bank and Trust, asserting violations of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). The U.S. alleged that ESSA engaged in unlawful redlining by refusing to provide home loans and other mortgage services in majority-Black and Hispanic neighborhoods. It further alleged that ESSA excluded those communities from its residential lending marketing and outreach efforts, among other things. The U.S. sought injunctive and declaratory relief, along with monetary damages and a civil penalty against ESSA. The case was assigned to District Judge Michael M. Baylson.

On June 9, 2023, the court signed a consent order jointly filed by the parties. The terms required ESSA to provide fair lending training, conduct a community credit needs assessment, and submit annual reports, among other things, and would remain in effect for five years. 

After a change in presidential administration, on June 6, 2025, the government moved to terminate the consent order early and dismiss the case. The U.S. argued that ESSA had demonstrated a commitment to remediation.

On July 23, 2025, the court denied the government’s motion to terminate the consent order and dismiss the case. Judge Baylson held that the consent order's obligations must remain in effect for its full term to ensure equal access to credit, strengthen communities, serve the public, and advance economic justice. 2025 WL 2087776.

This case is ongoing. 

Summary Authors

Alexis Gil (6/29/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67454392/parties/united-states-v-essa-bank-trust/


Judge(s)

Baylson, Michael M. (Pennsylvania)

Attorney for Plaintiff

DAVID, GREGORY B. (Pennsylvania)

Hussain, Varda (Pennsylvania)

Attorney for Defendant

COFFINA, SCOTT A. (Pennsylvania)

Expert/Monitor/Master/Other

Mania, Olivia (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

2:23-cv-02065

Complaint

May 31, 2023

May 31, 2023

Complaint
6

2:23-cv-02065

Consent Order

June 9, 2023

June 9, 2023

Order/Opinion
8

2:23-cv-02065

Unopposed Motion to Terminate Consent Order and Dismiss with Prejudice

United States of America v. Essa Bank & Trust

June 6, 2025

June 6, 2025

Pleading / Motion / Brief
13

2:23-cv-02065

Brief of Amici Curiae in Opposition to Unopposed Motion to Terminate Consent Order and Dismiss With Prejudice

United States of America v. Essa Bank & Trust

June 17, 2025

June 17, 2025

Pleading / Motion / Brief
18

2:23-cv-02065

United States of America's Response to Brief of Amici Curiae

United States of America v. Essa Bank & Trust

July 17, 2025

July 17, 2025

Pleading / Motion / Brief
20

2:23-cv-02065

Memorandum Re: Motion to Terminate Consent Order

July 23, 2025

July 23, 2025

Order/Opinion

2025 WL 2087776

21

2:23-cv-02065

Order RE: Motion to Terminate Consent Order

United States of America v. Essa Bank & Trust

July 23, 2025

July 23, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67454392/united-states-v-essa-bank-trust/

Last updated July 22, 2026, 4:54 a.m.

ECF Number Date Description Link
1 May 31, 2023

COMPLAINT against ESSA BANK & TRUST, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Text of Proposed Order CONSENT ORDER)(SULLIVAN, GERALD) (Attachment 2 replaced on 6/1/2023) (sbt). (Entered: 05/31/2023)

Clearinghouse
2 May 31, 2023

NOTICE of Appearance by Audrey Malia Yap on behalf of UNITED STATES OF AMERICA (Yap, Audrey) (Entered: 05/31/2023)

RECAP
3 June 1, 2023

Summons Issued as to ESSA BANK & TRUST. E-mailed to Gerald B. Sullivan on 6/1/23 (fdc) (Entered: 06/01/2023)

RECAP
4 June 2, 2023

NOTICE of Appearance by RICHARD M. SIMINS on behalf of ESSA BANK & TRUST (SIMINS, RICHARD) (Entered: 06/02/2023)

RECAP
5 June 6, 2023

ORDER THAT THE U.S. MAGISTRATE JUDGE ASSIGNED TO THE ABOVE-CAPTIONED CASE IS MAGISTRATE PAMELA A. CARLOS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 6/6/23. 6/6/23 ENTERED & E-MAILED.(fdc) (Entered: 06/06/2023)

RECAP
6 June 9, 2023

CONSENT ORDER AS IS OUTLINED HEREIN. THE COURT WILL RETAIN JURISDICTION OVER THIS CIVIL ACTION TO ENFORCE THE TERMS OF THIS CONSENT ORDER, FOR UP TO TWO (2) YEARS. THE CLERK SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/9/23. 6/9/23 ENTERED & E-MAILED.(fdc) Modified on 6/13/2023 (lisad, ). (Entered: 06/09/2023)

Clearinghouse
7 June 12, 2023

NOTICE of Appearance by SCOTT A. COFFINA on behalf of ESSA BANK & TRUST with Certificate of Service (Attachments: # 1 Certificate of Service)(COFFINA, SCOTT) (Entered: 06/12/2023)

RECAP
8 June 6, 2025

Consent MOTION for Order to Terminate Consent Order and to Dismiss Action with Prejudice (Uncontested) filed by THE UNITED STATES OF AMERICA.Local Rule Certification that Motion is Uncontested, and Certificate of Service.(SULLIVAN, GERALD) (Entered: 06/06/2025)

Clearinghouse
9 June 9, 2025

MOTION to File Amicus Brief filed by HOUSING EQUALITY CENTER OF PENNSYLVANIA, POWER Interfaith, National Fair Housing Alliance.Memorandum, Proposed Brief, Certificate of Service. (Attachments: (1) Text of Proposed Order, (2) Memorandum, (3) Exhibit)(Urevick-Ackelsberg, Daniel)

1 Text of Proposed Order

View on RECAP

2 Memorandum

View on RECAP

3 Exhibit

View on RECAP

RECAP
10 June 10, 2025

NOTICE of Appearance by ELI M. SEGAL on behalf of HOUSING EQUALITY CENTER OF PENNSYLVANIA, POWER Interfaith, NATIONAL FAIR HOUSING ALLIANCE (SEGAL, ELI) (Entered: 06/10/2025)

RECAP
11 June 13, 2025

NOTICE by HOUSING EQUALITY CENTER OF PENNSYLVANIA, NATIONAL FAIR HOUSING ALLIANCE, POWER Interfaith re [9] MOTION to File Amicus Brief of Supplemental Authority (Attachments: (1) Exhibit A)(Urevick-Ackelsberg, Daniel)

1 Exhibit A

View on RECAP

RECAP
12 June 17, 2025

ORDER THAT PROPOSED AMICI'S [9] MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE IS GRANTED. THE CLERK SHALL DOCKET THE PROPOSED BRIEF [9]. IT IS FURTHER ORDERED THAT THE PARTIES SHALL RESPOND TO THE ARGUMENTS OF AMICI WITHIN THIRTY (30) DAYS. THE COURT WILL HEAR ARGUMENT ON 7/21/25 AT 2:00 PM IN COURTROOM 3A. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 6/17/25.6/17/25 ENTERED & E-MAILED.(fdc)

RECAP
13 June 17, 2025

Brief of Amici Curiae in Opposition to Unopposed [8] Motion to Terminate the Consent Order and to Dismiss Action with Prejudice filed by HOUSING EQUALITY CENTER OF PENNSYLVANIA, NATIONAL FAIR HOUSING ALLIANCE, POWER Interfaith. (fdc)

Clearinghouse
June 17, 2025

Set/Reset Deadlines as to 8 Consent MOTION for Order to Terminate Consent Order and to Dismiss Action with Prejudice (Uncontested). MOTION HEARING SET FOR 7/21/2025 02:00 PM IN Courtroom 3A BEFORE DISTRICT JUDGE MICHAEL M. BAYLSON. (fdc)

14 July 11, 2025

NOTICE of Appearance by Varda Hussain on behalf of THE UNITED STATES OF AMERICA (Hussain, Varda)

RECAP
15 July 14, 2025

NOTICE of Appearance by JEREMY D. MISHKIN on behalf of ESSA BANK & TRUST (MISHKIN, JEREMY)

RECAP
16 July 14, 2025

RESPONSE in Opposition re [8] Consent MOTION for Order to Terminate Consent Order and to Dismiss Action with Prejudice (Uncontested) filed by ESSA BANK & TRUST. (MISHKIN, JEREMY)

Clearinghouse
17 July 14, 2025

ORDER THAT THE AMICI PARTIES SHALL BE PREPARED TO STATE AT ORAL ARGUMENT ON 7/21/25 WHETHER THEY INTEND TO FILE A MOTION TO INTERVENE IN THIS CASE OR IF THEY KNOW OF A PERSON OR ENTITY WHO IS PLANNING TO FILE A MOTION TO INTERVENE IN THIS CASE, AND IF SO, BE PREPARED TO DISCUSS DETAILS. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 7/14/25. 7/14/25 ENTERED & E-MAILED.(fdc)

RECAP
18 July 17, 2025

Memorandum In Support re 8 Consent MOTION for Order to Terminate Consent Order and to Dismiss Action with Prejudice (Uncontested) and Response to Brief of Amici Curiae filed by THE UNITED STATES OF AMERICA. (Yap, Audrey) (Entered: 07/17/2025)

Clearinghouse
19 July 21, 2025

Minute Entry for proceedings held before DISTRICT JUDGE MICHAEL M. BAYLSONin Courtroom 3A Motion Hearing held on 7/21/25 re 8 Consent MOTION for Order to Terminate Consent Order and to Dismiss Action with Prejudice (Uncontested) filed by THE UNITED STATES OF AMERICA Court Reporter: ESR. (fdc) (Entered: 07/21/2025)

RECAP
20 July 23, 2025

MEMORANDUM AND OPINION. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 7/23/25. 7/24/25 ENTERED & E-MAILED.(fdc) (Entered: 07/24/2025)

Clearinghouse
21 July 23, 2025

MEMORANDUM AND ORDER THE THE MOTION TO TERMINATE THE CONSENT ORDER AND DISMISS ACTION WITH PREJUDICE 8 IS DENIED. THE CONSENT ORDER 6 REMAINS IN PLACE. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 7/23/25. 7/24/25 ENTERED & E-MAILED.(fdc) (Entered: 07/24/2025)

Clearinghouse
22 Aug. 11, 2025

Audio File 7/21/2025 2:00pm, regarding Oral Argument held on 7/21/2025, before DISTRICT JUDGE MICHAEL M. BAYLSON (cjh)

RECAP
23 March 2, 2026

TRANSCRIPT of Motion Hearing held on 7/21/25, before Judge Baylson. Court Reporter/Transcriber: DATAGAIN, INC.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/23/2026. Redacted Transcript Deadline set for 4/2/2026. Release of Transcript Restriction set for 6/1/2026. (fdc) (Entered: 03/02/2026)

RECAP
24 March 2, 2026

Notice of Filing of Official Transcript with Certificate of Service re 23 Transcript - PDF, 3/2/26 Entered & E-mailed. (fdc) (Entered: 03/02/2026)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: May 31, 2023

Case Ongoing: Yes

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

ESSA Bank & 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:

Eastern District of Pennsylvania 2:23-cv-02065

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

Follow recruitment, hiring, or promotion protocols

Hire

Monitoring

Provide antidiscrimination training

Recordkeeping

Reporting

Training

Order Duration: 2023 - 2028

Issues

General/Misc.:

Housing

Other Banking

Racial profiling

Racial segregation

Discrimination Area:

Disparate Impact

Disparate Treatment

Housing Sales/Rental

Lending

Discrimination Basis:

National origin discrimination

Race discrimination

Affected Language(s):

Spanish

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation