Case: United States v. SouthEast Bank

3:25-cv-00026 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Jan. 18, 2025

Closed Date: April 11, 2025

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we investigate the case further). On January 18, 2025, the Civil Rights Division filed an Equal Credit Opportunity Act complaint and proposed court settlement to resolve its allegations that SouthEast Bank implemented school-related eligibility criteria for an online, national student loan refinance product that discriminated against Black and American Indian/Alaskan Native applicants. Rather than pursuing the agreed-upon consent order, as is the normal practice, the Division dismissed the case on April 10, 2025, without any explanation.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69558768/parties/united-states-v-southeast-bank/


Judge(s)
Attorney for Plaintiff

Marshak, Abigail (Tennessee)

Niles, Sara Lewenberg (Tennessee)

Pagnucco, Carrie (Tennessee)

Attorney for Defendant

Emello, Christine (Tennessee)

Saul, Benjamin M. (Tennessee)

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Documents in the Clearinghouse

Document
1

3:25-cv-00026

Complaint

United States of America v, Southeast Bank

Jan. 18, 2025

Jan. 18, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69558768/united-states-v-southeast-bank/

Last updated April 12, 2026, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against SouthEast Bank, filed by United States of America. (Attachments: # 1 Other Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Marshak, Abigail) (Entered: 01/18/2025)

1 Other Civil Cover Sheet

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

Jan. 18, 2025

Jan. 18, 2025

Clearinghouse
2

Joint MOTION for Settlement and for Entry of Consent Order by United States of America. (Attachments: # 1 Exhibit Consent Order)(Marshak, Abigail) (Entered: 01/18/2025)

1 Exhibit Consent Order

View on PACER

Jan. 18, 2025

Jan. 18, 2025

3

Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 01/22/2025. (CAT) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

4

Order Governing Depositions. Signed by District Judge Thomas A Varlan on 01/22/2025. (CAT) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

5

Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 01/22/2025. (CAT) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

RECAP

Summons NOT Issued

Jan. 22, 2025

Jan. 22, 2025

Add and Terminate Judges

Jan. 22, 2025

Jan. 22, 2025

District Judge Thomas A Varlan and Magistrate Judge Jill E McCook added. (CAT)

Jan. 22, 2025

Jan. 22, 2025

No summons received with initiating documents. Therefore, summons not issued as to SouthEast Bank. (CAT)

Jan. 22, 2025

Jan. 22, 2025

6

MOTION for Leave to Appear Pro Hac Vice as to Lori Sommerfield (Filing fee $ 150, Receipt attached) by SouthEast Bank. (Attachments: # 1 Other Receipt, # 2 Other Envelope) (MKM) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

7

NOTICE of Deficiency (Pro Hac) re 6 MOTION for Leave to Appear Pro Hac Vice as to Lori Sommerfield: Certificate of Good Standing is from an appellate court. Please provide a certificate from another U.S. District Court. Clerk to check the status 2/14/2025. c/m Lori Sommerfield, Troutman Pepper Locke LLP, 401 9th Street NW, Suite 1000, Washington, DC 20004 (MKM) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

8

MOTION for Leave to Appear Pro Hac Vice as to Christopher Willis (Filing fee $ 150, Receipt attached) by SouthEast Bank. (Attachments: # 1 Other Receipt, # 2 Other Envelope) (MKM) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

9

ORDER OF RECUSAL - Signed by Magistrate Judge Jill E McCook on 1/27/2025. (KMK) Modified on 1/27/2025 (KMK): copies mailed to Christopher Willis and Lori Sommerfield (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

RECAP
10

ORDER : Pursuant to 28 U.S.C. § 455, the Honorable Jill E. McCook, United States Magistrate Judge, has recused herself in this action. Accordingly, it is hereby ORDERED that this case is REASSIGNED to the Honorable Debra C. Poplin, United States Magistrate Judge, to handle any matters routinely considered by a magistrate judge pursuant to 28 U.S.C. § 636(b) and the Rules of this Court. Signed by District Judge Travis R McDonough on 01/27/2025. (Copy of Order mailed to Christopher Willis and Lori Sommerfield) (CAT) (Entered: 01/27/2025)

Jan. 27, 2025

Jan. 27, 2025

RECAP

Clerk's Verification of PHV Requirements

Jan. 27, 2025

Jan. 27, 2025

Clerk's Verification of PHV Requirements is complete as to Christopher Willis regarding document: 8 MOTION for Leave to Appear Pro Hac Vice filed by SouthEast Bank (MKM)

Jan. 27, 2025

Jan. 27, 2025

11

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 01/28/2025. This entry constitutes the complete Order of the Court. (HSN) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 28, 2025

Jan. 28, 2025

Notice (Other)

Jan. 29, 2025

Jan. 29, 2025

Copy of Gavel Order, Doc. 11 mailed to Christopher Willis. (CAT)

Jan. 29, 2025

Jan. 29, 2025

12

MOTION for Christine Emello to Appear Pro Hac Vice (Filing fee $ 150 paid, receipt #300005284.) by SouthEast Bank. (ABF) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

Clerk's Verification of PHV Requirements

Feb. 7, 2025

Feb. 7, 2025

Clerk's Verification of PHV Requirements is complete regarding document: 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150.) filed by SouthEast Bank (ABF)

Feb. 7, 2025

Feb. 7, 2025

13

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 02/10/2025. This entry constitutes the complete Order of the Court. (HSN) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 10, 2025

Feb. 10, 2025

14

DISCHARGED per Order #16 - ORDER TO SHOW CAUSE. The Court ORDERS Attorney Sommerfield to show cause on or before 3/10/2025 why she should not be removed as an attorney of record in this case and why other appropriate sanctions should not issue for her failure to comply with the Notice. Signed by Magistrate Judge Debra C Poplin on 2/24/2025. c/m Lori Sommerfield, Troutman Pepper Locke LLP, 401 9th Street NW, Suite 1000, Washington, DC 20004. (MKM) Modified on 2/28/2025 (LCK). (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

RECAP
15

Notice of Attorney Withdrawal Attorney Lori Sommerfield terminated. (Willis, Christopher) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

RECAP
16

On February 24, 2025, the Court entered an order noting that Defendants counsel, Attorney Lori Sommerfield, has filed a Motion for Leave to Appear Pro Hac Vice but failed to provide a Certificate of Good Standing from another U.S. District Court [Doc. 14]. The Court directed Attorney Sommerfield to show cause why she should not be removed as an attorney of record and why other appropriate sanctions should not issue for her failure to comply with the Clerks Notice of Deficiency [Id. (citing Doc. 7)]. On February 26, 2025, Defendants filed a Notice of Withdrawal of Appearance of Counsel, stating that the motion for admission of Attorney Sommerfield is withdrawn and that Attorneys Christopher Willis and Christine Emello will remain as counsel for Defendants [Doc. 15]. Given that, the Motion for Leave to Appear Pro Hac Vice [Doc. 6] is DENIED AS MOOT and the Show Cause Order [Doc. 14] is DISCHARGED. Signed by Magistrate Judge Debra C. Poplin on 02/28/2025. This entry constitutes the complete Order of the Court. (HSN) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

Public Docket Annotation

Feb. 28, 2025

Feb. 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 28, 2025

Feb. 28, 2025

Gavel Order # 16 mailed to Attorney Lori Sommerfield. (LCK)

Feb. 28, 2025

Feb. 28, 2025

17

MOTION for Leave to Appear Pro Hac Vice as to Benjamin Saul (Filing fee $ 150, receipt attached) by SouthEast Bank. (MKM) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

18

MOTION for Substitution of Counsel by SouthEast Bank. (Attachments: # 1 Other Proposed Order) (MKM) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

Clerk's Verification of PHV Requirements

April 7, 2025

April 7, 2025

Clerk's Verification of PHV Requirements is complete as to Benjamin Saul regarding document: 17 MOTION for Leave to Appear Pro Hac Vice filed by SouthEast Bank (MKM)

April 7, 2025

April 7, 2025

19

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 4/8/2025. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

20

Now before the Court is Defendant's Motion for Substitution of Counsel [Doc. 18], which requests that Attorneys Benjamin Saul and Julia Strickland be substituted as counsel of record for Defendant in place of Attorneys Christopher Willis, Lori Sommerfield, and Christine Emello. The motion states that Attorneys Saul and Strickland have filed requests to be admitted pro hac vice. Attorney Saul has filed a motion to appear pro hac vice [see Doc. 17], but Attorney Strickland has not. Regardless, because continuity is ensured, the Court grants the motion to the extent it seeks to substitute Attorney Saul as Defendant's counsel. See also E.D. Tenn. L.R. 83.4(f) ("Where a party is represented by multiple counsel of record, an attorney may withdraw, provided the party is still being represented by another attorney of record, upon the filing of a notice of withdrawal."). Attorneys Christopher Willis, Lori Sommerfield, and Christine Emello are hereby RELIEVED of their obligations as defense counsel in this case, and Attorney Saul is hereby SUBSTITUTED as Defendant's counsel. To the extent Attorney Strickland would like to represent Defendant, she may file the appropriate paperwork. The Court therefore GRANTS IN PART AND DENIES IN PART the motion [Doc. 18]. Signed by Magistrate Judge Debra C. Poplin on 4/8/2025. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

Order on Motion to Substitute Attorney

April 8, 2025

April 8, 2025

Order on Motion for Leave to Appear Pro Hac Vice

April 8, 2025

April 8, 2025

Public Docket Annotation

April 9, 2025

April 9, 2025

Copy of Gavel Order, Doc. 19, mailed to attorney Saul. Copy of Gavel Order, Doc. 20 mailed to attorneys Sommerfield, Saul and Stickland. (CAT)

April 9, 2025

April 9, 2025

21

MOTION for Julia B. Strickland to Appear Pro Hac Vice (Filing fee $ 150 Paid, Receipt #300005651.) by SouthEast Bank. (Attachments: # 1 Other receipt)(ABF) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

22

NOTICE OF WITHDRAWAL FROM JOINT MOTION FOR SETTLEMENT AND FOR ENTRY OF CONSENT ORDER by SouthEast Bank re 2 Joint MOTION for Settlement and for Entry of Consent Order (ABF) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

23

NOTICE of Voluntary Dismissal of case by United States of America (Pagnucco, Carrie) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

RECAP
24

ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 04/10/2025. This entry constitutes the complete Order of the Court. (HSN) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

Clerk's Verification of PHV Requirements

April 10, 2025

April 10, 2025

Order on Motion for Leave to Appear Pro Hac Vice

April 10, 2025

April 10, 2025

Clerk's Verification of PHV Requirements is complete regarding document: 21 MOTION for Julia B. Strickland to Appear Pro Hac Vice (Filing fee $ 150 Paid, Receipt #300005651.) filed by SouthEast Bank (ABF)

April 10, 2025

April 10, 2025

Public Docket Annotation

April 11, 2025

April 11, 2025

Copy of Gavel Order, Doc. 24 mailed to Julia Strickland. (CAT)

April 11, 2025

April 11, 2025

Case Details

State / Territory:

Tennessee

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: Jan. 18, 2025

Closing Date: April 11, 2025

Case Ongoing: No

Case Details

Other Dockets:

Eastern District of Tennessee 3:25-cv-00026

Recommended Citation