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 complete

Case Summary

This case challenged a national student loan refinance product that allegedly discriminated against Black and American Indian/Alaskan Native (AI/AN) applicants.  On January 18, 2025, the United States filed this lawsuit against SouthEast Bank (SouthEast) to enforce provisions of the Equal Credit Opportunity Act (ECOA) in the U.S. District Court for the Eastern District of Tennessee. The United States alleged that the bank’s school-related eligibility criteria disproportionately excluded Black a…

This case challenged a national student loan refinance product that allegedly discriminated against Black and American Indian/Alaskan Native (AI/AN) applicants. 

On January 18, 2025, the United States filed this lawsuit against SouthEast Bank (SouthEast) to enforce provisions of the Equal Credit Opportunity Act (ECOA) in the U.S. District Court for the Eastern District of Tennessee. The United States alleged that the bank’s school-related eligibility criteria disproportionately excluded Black and AI/AN degree recipients from student loan refinancing as compared to similarly situated graduates of other demographic groups. The complaint also asserted that SouthEast lacked a legitimate, non-discriminatory reason for its policy because denials were not based on creditworthiness or justified by secondary market pressures. The United States sought declaratory relief that SouthEast’s practices violate ECOA, injunctive relief preventing SouthEast and its agents from discriminating based on race and from failing or refusing to take affirmative steps to prevent the recurrence of any such discriminatory conduct, and monetary damages to all victims of SouthEast’s discriminatory policies. The case was assigned to District Judge Thomas Varlan.

The same day as the initial filing, both parties filed a joint motion for entry of consent order to resolve the action. On April 10, 2025, the United States moved to voluntarily dismiss the case because it had decided not to proceed further in the matter. SouthEast withdrew from the joint motion for entry of consent order the same day.

 

Summary Authors

Ian Gibson (7/28/2026)

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)

Documents in the Clearinghouse

Documents in this case
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 Sept. 7, 2026, 3:19 a.m.

Docket for: United States v. SouthEast Bank
ECF Number Date Description Link
1 Jan. 18, 2025

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

Clearinghouse
2 Jan. 18, 2025

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

RECAP
3 Jan. 22, 2025

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

RECAP
4 Jan. 22, 2025

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

RECAP
5 Jan. 22, 2025

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

RECAP
Jan. 22, 2025

Summons NOT Issued

Jan. 22, 2025

Add and Terminate Judges

Jan. 22, 2025

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

Jan. 22, 2025

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

6 Jan. 27, 2025

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)

RECAP
7 Jan. 27, 2025

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)

RECAP
8 Jan. 27, 2025

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)

RECAP
9 Jan. 27, 2025

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)

RECAP
10 Jan. 27, 2025

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)

RECAP
Jan. 27, 2025

Clerk's Verification of PHV Requirements

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)

11 Jan. 28, 2025

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)

RECAP
Jan. 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 29, 2025

Notice (Other)

Jan. 29, 2025

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

12 Feb. 7, 2025

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

RECAP
Feb. 7, 2025

Clerk's Verification of PHV Requirements

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)

13 Feb. 10, 2025

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)

RECAP
Feb. 10, 2025

Order on Motion for Leave to Appear Pro Hac Vice

14 Feb. 24, 2025

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)

RECAP
15 Feb. 26, 2025

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

RECAP
16 Feb. 28, 2025

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)

RECAP
Feb. 28, 2025

Public Docket Annotation

Feb. 28, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 28, 2025

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

17 April 7, 2025

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)

RECAP
18 April 7, 2025

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

RECAP
April 7, 2025

Clerk's Verification of PHV Requirements

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)

19 April 8, 2025

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)

RECAP
20 April 8, 2025

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)

RECAP
April 8, 2025

Order on Motion to Substitute Attorney

April 8, 2025

Order on Motion for Leave to Appear Pro Hac Vice

April 9, 2025

Public Docket Annotation

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)

21 April 10, 2025

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)

RECAP
22 April 10, 2025

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)

RECAP
23 April 10, 2025

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

RECAP
24 April 10, 2025

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)

RECAP
April 10, 2025

Clerk's Verification of PHV Requirements

April 10, 2025

Order on Motion for Leave to Appear Pro Hac Vice

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 11, 2025

Public Docket Annotation

April 11, 2025

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

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

Plaintiffs

Plaintiff Description:

The United States of America.

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

Private Entity/Person

SouthEast Bank

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Tennessee 3:25-cv-00026

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Black

Recommended Citation