Case: United States v. Ameris Bank

3:23-cv-01232 | U.S. District Court for the Middle District of Florida

Filed Date: Oct. 19, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved the discriminatory denial and discouragement of loan and credit service applications in majority-Black and Hispanic neighborhoods. On October 19, 2023, the United States government brought a lawsuit in the United States District Court for the Middle District of Florida. The plaintiff sued Ameris Bank under the Fair Housing Act and the Equal Credit Opportunity Act. The plaintiff alleged that the defendant purposefully engaged in the practice of redlining—denying or discouragin…

This case involved the discriminatory denial and discouragement of loan and credit service applications in majority-Black and Hispanic neighborhoods. On October 19, 2023, the United States government brought a lawsuit in the United States District Court for the Middle District of Florida. The plaintiff sued Ameris Bank under the Fair Housing Act and the Equal Credit Opportunity Act. The plaintiff alleged that the defendant purposefully engaged in the practice of redlining—denying or discouraging loan and credit service applications on the basis of race, color, or national origin—in neighborhoods that were majority Black and Hispanic in Jacksonville, Florida. Furthermore, the plaintiff argued that there was no justification for Ameris bank’s conduct as they were not taken due to business necessity or legitimate business considerations. The plaintiff sought declaratory relief, injunctive relief, monetary damages, and civil penalties. The case was assigned to District Judge Marcia Morales Howard. 

On November 7 2023, the parties jointly submitted a consent order to resolve all claims. Both parties agreed that the matter would be resolved if the defendant implemented the terms stated in the consent order. The consent order required the defendant to establish mechanisms for ensuring compliance with both congressional acts. It established mechanisms for fair lending compliance, fair lending training, and the assessment of community credit needs. It also required the defendant to hire a full-time employee responsible for overseeing lending in majority-Black and Hispanic census tracts and to open a new full-service branch in a majority-Black and Hispanic census tract. Additionally, the defendant agreed to invest in a loan subsidy fund; to spend on partnerships with community-based or governmental organizations; and to spend on advertising, outreach, and consumer financial education for residents of majority-Black and Hispanic census tracts. The consent order included terms for evaluating and monitoring compliance. All requirements were to remain in effect for five years.

The court approved the consent order on November 7, 2023, retaining jurisdiction to enforce the terms of the order. 

As of February 9, 2024, there has been no docket activity.

Summary Authors

Renuka Wagh (2/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67896408/parties/united-states-v-ameris-bank/


Judge(s)

Howard, Marcia Morales (Florida)

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Documents in the Clearinghouse

Document
1

3:23-cv-01232

Complaint

Oct. 19, 2023

Oct. 19, 2023

Complaint
14

3:23-cv-01232

Consent Order

Nov. 7, 2023

Nov. 7, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67896408/united-states-v-ameris-bank/

Last updated April 13, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Oct. 19, 2023

Oct. 19, 2023

Clearinghouse
1

COMPLAINT against Ameris Bank with Jury Demand filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Pettis, Yohance) (Entered: 10/19/2023)

1 Civil Cover Sheet

View on RECAP

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on RECAP

5 Exhibit D

View on RECAP

6 Exhibit E

View on RECAP

Oct. 19, 2023

Oct. 19, 2023

Clearinghouse
1

Complaint

Oct. 19, 2023

Oct. 19, 2023

Clearinghouse
2

Miscellaneous Relief

Oct. 19, 2023

Oct. 19, 2023

PACER
2

Miscellaneous Relief

Oct. 19, 2023

Oct. 19, 2023

PACER

Case Assigned/Reassigned

Oct. 19, 2023

Oct. 19, 2023

PACER
2

Joint MOTION for Entry of Consent Order by United States of America. (Attachments: # 1 Consent Order)(Pettis, Yohance) Modified text on 10/20/2023 (BD). (Entered: 10/19/2023)

1 Consent Order

View on RECAP

Oct. 19, 2023

Oct. 19, 2023

RECAP

Case Assigned/Reassigned

Oct. 19, 2023

Oct. 19, 2023

PACER

Case Assigned/Reassigned

Oct. 19, 2023

Oct. 19, 2023

PACER
3

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-1232-MMH-LLL. (ARC) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

PACER

Notice to Counsel of Local Rule

Oct. 20, 2023

Oct. 20, 2023

PACER

Notice to Counsel of Local Rule

Oct. 20, 2023

Oct. 20, 2023

PACER
4

NOTICE TO COUNSELS D. Jean Veta and Nikhil Gore Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER

Notice to Counsel of Local Rule

Oct. 20, 2023

Oct. 20, 2023

PACER
5

NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (BD) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
6

NOTICE of Lead Counsel Designation by Yohance Asim Pettis on behalf of United States of America. Lead Counsel: Yohance A. Pettis. (Pettis, Yohance) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
7

MOTION for D. Jean Veta to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21383313 for $150 by Ameris Bank. (Goldberg, Noah) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
8

WAIVER of service returned executed on 10/23/2023 by United States of America as to Ameris Bank. (Pettis, Yohance) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
9

MOTION for Nikhil V. Gore to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21383425 for $150 by Ameris Bank. (Goldberg, Noah) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
10

ORDERED: The 2 Joint Motion for Entry of Consent Order is DENIED without prejudice to the filing of a renewed motion which addresses the issue raised in this Order. Renewed motion due December 1, 2023. See Order for details. Signed by Judge Marcia Morales Howard on 11/1/2023. (MHM) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

RECAP
11

Joint MOTION for Miscellaneous Relief, specifically for Entry of Consent Order (Renewed) by United States of America. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Pettis, Yohance) (Entered: 11/03/2023)

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Nov. 3, 2023

Nov. 3, 2023

RECAP
12

ORDER granting doc. 7 defendant's Motion to Appear Pro Hac Vice and doc. 9 defendant's Motion to Appear Pro Hac Vice. D. Jean Veta and Nikhil V. Gore are permitted to appear on behalf of defendant. D. Jean Veta and Nikhil V. Gore shall register with the Court's electronic case filing (ECF) system if they have not already done so. Signed by Magistrate Judge Laura Lothman Lambert on 11/7/2023. (NMK) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
13

ORDER granting 11 Renewed Joint Motion for Entry of Consent Order. The Court will enter the Consent Order forthwith. See Order for details. Signed by Judge Marcia Morales Howard on 11/7/2023. (MHM) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
14

CONSENT ORDER. Signed by Judge Marcia Morales Howard on 11/7/2023. (MHM) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Oct. 19, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the United States government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ameris Bank, 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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $9,000,000

Issues

General/Misc.:

Housing

Discrimination Area:

Disparate Treatment

Housing Sales/Rental

Discrimination Basis:

National origin discrimination

Race discrimination

Affected Race(s):

Race, unspecified