Case: Church of Zion Christian Center v. Southtrust Bank

1:96-cv-00922 | U.S. District Court for the Southern District of Alabama

Filed Date: Sept. 20, 1996

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On September 20, 1996, the Church of Zion Christian Center, Inc., and several of its leaders, filed a lawsuit under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691, against the Southtrust Bank of Alabama, in the United States District Court for the Southern District of Alabama. The plaintiffs, represent by private counsel, sought compensatory and punitive damages, alleging violations of their rights by the defendant's denial of their loan application. Plaintiffs, who were African-Ameri…

The District Court (Magistrate Judge William. E. Cassady) established a scheduling order for discovery, which the plaintiffs apparently failed to meet. On January 22, 1997 the defendants move to compel plaintiffs' initial disclosures. Defendants then filed a motion to dismiss on February 14, 1997. On February 21, 1997 the Court (Mag. Judge Cassady) granted the motion to compel and ordered the plaintiffs to pay a fine to the defendant's counsel for their failure to meet the deadline. On June 6, 1997 the defendants moved for partial summary judgment.

Both parties filed briefs on the matter, and the District Court (Judge Richard W. Vollmer, Jr.) referred the case to Magistrate Judge Cassady on July 9, 1997. On July 31, 1997, the Court (Judge Cassady) granted in part and denied in part the defendant's motion for summary judgment. Judge Cassady dismissed the individual plaintiffs' complaints against the bank, and dismissed one the bank's named defendants, citing both pleading errors and lack of standing. The Court left the question of whether the bank had violated the church's rights under the ECOA and whether it could subsequently collect damages up to a jury during trial. Church of Zion v. Southtrust 1997 WL 33644511, 1997 U.S.Dist.LEXIS 12425. (S.D. Ala.)

Nearly two months later, on September 12, 1997, the parties filed a joint stipulation for dismissal with prejudice, presumably pursuant to a private settlement agreement. The Court (Mag. Judge Cassady) signed the order and dismissed the case on September 16, 1997. Because the docket provides no links or further information, we cannot be certain that there was a settlement, or what its terms may have been.

Summary Authors

Nick Niles (7/11/2007)

People

Judge(s)

Cassady, William E. (Alabama)

Attorney for Plaintiff

Huntley, Willie J. Jr. (Alabama)

Attorney for Defendant

Holtz, D. Charles (Alabama)

Judge(s)

Cassady, William E. (Alabama)

Attorney for Plaintiff

Huntley, Willie J. Jr. (Alabama)

Attorney for Defendant

Holtz, D. Charles (Alabama)

Documents in the Clearinghouse

Documents in this case

1:96-cv-00922	Docket [PACER] Church of Zion Christian Center, Inc. v. Southtrust Bank, et al.	Sept. 16, 1997	Sept. 16, 1997 Docket
43 1:96-cv-00922	Memorandum Opinion Church of Zion Christian Center, Inc. v. Southtrust Bank	July 31, 1997	July 31, 1997 Order/Opinion 1997 WL 33644511

show / hide documents

Docket

Last updated March 25, 2025, 8:35 a.m.

ECF Number	Date	Description	Link
1	Sept. 20, 1996	COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 17796 (clr) (Entered: 09/23/1996)	PACER
	Sept. 20, 1996	**Originally a Judge Thomas Case (clr) (Entered: 09/23/1996)	PACER
2	Sept. 23, 1996	SUMMONS(ES) issued for Southtrust Bank, Rick Chestian, Irby Long, atty notified by phone and place in envelope (clr) (Entered: 09/23/1996)	PACER
3	Sept. 23, 1996	SERVICE ORDER entered 9/23/96. Deadline set for 11/7/96 for Irby Long, for Rick Chestian, for Southtrust Bank . Plaintiff to notify the Court the action taken to effect service and the results thereof. (clr) (Entered: 09/23/1996)	PACER
4	Sept. 30, 1996	RETURN OF SERVICE executed as to Southtrust Bank, Rick Chestian, Irby Long 9/27/96 by certified mail. Answer due on 10/17/96 for Irby Long, for Rick Chestian, for Southtrust Bank (clr) (Entered: 10/01/1996)	PACER
5	Oct. 7, 1996	Notice of Assignment to Mag. Judge William E. Cassady for trial. Copy mailed 10/7/96 (clr) (Entered: 10/07/1996)	PACER
6	Oct. 17, 1996	ANSWER to Complaint by Southtrust Bank (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)	PACER
7	Oct. 17, 1996	ANSWER to Complaint by Rick Chestian (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)	PACER
8	Oct. 17, 1996	ANSWER to Complaint by Irby Long (Attorney D. Charles Holtz), (eec) (Entered: 10/18/1996)	PACER
9	Oct. 18, 1996	PRELIMINARY SCHEDULING ORDER entered by Mag. Judge William E. Cassady Report of Parties Planning Meeting due 12/2/96 ; (eec) (Entered: 10/18/1996)	PACER
10	Dec. 3, 1996	AMENDED ANSWER to Complaint by Southtrust Bank : amends [6-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)	PACER
11	Dec. 3, 1996	AMENDED ANSWER to Complaint by Rick Chastain : amends [7-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)	PACER
12	Dec. 3, 1996	AMENDED ANSWER to Complaint by Erby Long : amends [8-1] answer (by correcting the style to reflect the proper court) (sld) (Entered: 12/04/1996)	PACER
13	Dec. 4, 1996	REPORT of Planning Meeting filed by parties. (eec) (Entered: 12/04/1996)	PACER
14	Dec. 4, 1996	First Amendment to Report of Parties' Planning Meeting, correcting the style to reflect the proper court (eec) (Entered: 12/04/1996)	PACER
15	Jan. 3, 1997	SCHEDULING ORDER setting before Mag. Judge William E. Cassady ( signed by Mag. Judge William E. Cassady ) Copies mailed 1/6/97 (eec) (Entered: 01/06/1997)	PACER
16	Jan. 13, 1997	MOTION by Southtrust Bank, Rick Chastain, Erby Long to Compel Initial Disclosures Ref. to J/Cassady 1-14-97 (eec) (Entered: 01/14/1997)	PACER
18	Feb. 14, 1997	MOTION by Southtrust Bank, Rick Chastain, Erby Long to Dismiss Pursuant to Rule 37(b)(2)(C) Ref. to J/Cassady 2-18-97 (eec) (Entered: 02/18/1997)	PACER
19	Feb. 21, 1997	ORDER, [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) set to be TUS on 2/28/97 , Motion Hearing set for 2:00 3/7/97 for [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) ( signed by Mag. Judge William E. Cassady ) Copies mailed 2-25-97 (eec) (Entered: 02/25/1997)	PACER
20	Feb. 21, 1997	ORDER granting [16-1] motion to Compel Initial Disclosure, IN ITS ENTIRETY ( signed by Mag. Judge William E. Cassady ) Plaintiffs shall make initial disclosures not later than ten days after receipt of this order. Plaintiffs are ORDERED to pay, within ten days of receipt of this order, the amount of $150.00 directly to counsel for the defendants as a reasonable attorney's fee for having violated the Court's Scheduling Order and for forcing counsel for the defendants to have to seek court action. Copies mailed 2-25-97 (eec) (Entered: 02/25/1997)	PACER
21	Feb. 28, 1997	MOTION by Church of Zion in opposition to [18-1] motion to Dismiss Pursuant to Rule 37(b)(2)(C) Ref. to J/Cassady 3-3-97 (eec) (Entered: 03/03/1997)	PACER
22	Feb. 28, 1997	MOTION by Church of Zion for Reconsideration of [17-1] order [16-1] motion to Compel Initial Disclosures set to be TUS on 2/3/97 Ref. to J/Cassady 3-3-97 (eec) (Entered: 03/03/1997)	PACER
23	March 4, 1997	MOTION by Southtrust Bank, Rick Chastain to Eliminate or Limit Plaintiff's Potential Compensatory Damages Ref. to J/Cassady 3-5-97 (eec) (Entered: 03/05/1997)	PACER
24	May 28, 1997	MOTION by Church of Zion to Continue Discovery Deadline Ref. to J/Cassady 5-30-97 (eec) (Entered: 05/30/1997)	PACER
25	June 2, 1997	LIMITED OBJECTION by Southtrust Bank, Rick Chastain, Erby Long to [24-1] motion to Continue Discovery Deadline Ref. to J/Cassady 6-5-97 (eec) (Entered: 06/05/1997)	PACER
26	June 6, 1997	MOTION by Southtrust Bank, Rick Chastain, Erby Long for Protective Order ref. to Judge Cassady (with proposed Order) (cmj) (Entered: 06/06/1997)	PACER
27	June 6, 1997	ORDER granting [26-1] motion for Protective Order ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-9-97 (eec) (Entered: 06/09/1997)	PACER
28	June 6, 1997	ORDER granting in part, denying in part [24-1] motion to Continue Discovery Deadline, reset Discovery deadline to 6/12/97 for the limited discovery purposes identified in the objection filed by the defendants on June 2, 1997. The motion for an extension of the discovery period is OTHERWISE DENIED ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-9-97 (eec) (Entered: 06/09/1997)	PACER
	June 6, 1997	Motion for Protective Order walked up by atty. 6/6/97 (cmj) (Entered: 06/06/1997)	PACER
30	June 9, 1997	BRIEF by defendant Southtrust Bank, defendant Rick Chastain, defendant Erby Long in re: [29-1] motion for Partial Summary Judgment Ref. to J/Cassady 6-10-97 (eec) (Entered: 06/10/1997)	PACER
31	June 9, 1997	NOTICE of Filing Exhibits in Support of Defendants' Motion for Partial Summary Judgment by Southtrust Bank, Rick Chastain, Erby Long (original in Red File Folder) (eec) (Entered: 06/10/1997)	PACER
	June 9, 1997	SUGGESTED DETERMINATIONS OF UNDISPUTED FACTS AND CONCLUSIONS OF LAW by Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/10/1997)	PACER
32	June 12, 1997	ORDER, Response to Motion set to 6/25/97 for [29-1] motion for Partial Summary Judgment , [29-1] motion for Partial Summary Judgment set to be TUS on 6/25/97 ( signed 6/11/97 by Mag. Judge William E. Cassady ) Copies mailed 6-12-97 (eec) (Entered: 06/12/1997)	PACER
	June 13, 1997	Proposed pre-trial order received from Church of Zion, Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/16/1997)	PACER
33	June 23, 1997	NOTICE of Filing Affidavit in Support of Attorney's Fee by Southtrust Bank, Rick Chastain, Erby Long (eec) (Entered: 06/23/1997)	PACER
34	June 26, 1997	PRETRIAL ORDER (ADOPTED) entered., set Jury Selection for 8:45 8/7/97 , set Jury Trial for 8:45 8/7/97 before Mag. Judge William E. Cassady , Response to Motion [29-1] motion for Partial Summary Judgment 6-27-97 ( signed by Mag. Judge William E. Cassady ) Copies mailed 6-27-97 (eec) (Entered: 06/27/1997)	PACER
	June 26, 1997	Pre-trial conference held Tape/Scanner: Chambers Tape (eec) (Entered: 06/27/1997)	PACER
35	June 27, 1997	BRIEF in Opposition by plaintiff Church of Zion in re: [29-1] motion for Partial Summary Judgment Ref. to J/Cassady 6-30-97 (eec) (Entered: 06/30/1997)	PACER
36	June 27, 1997	NOTICE of Filing Exhibits in Opposition to Defendants' Motion for Partial Summary by Church of Zion (See Exhibits in Red Folder) (eec) (Entered: 06/30/1997)	PACER
37	July 7, 1997	Reply Brief by defendant Southtrust Bank, defendant Rick Chastain, defendant Erby Long in support of [29-1] motion for Partial Summary Judgment (eec) (Entered: 07/08/1997)	PACER
38	July 8, 1997	CONSENT to trial by Magistrate by Church of Zion, Southtrust Bank, Rick Chastain, Erby Long ; Case assigned to Mag. Judge William E. Cassady (eec) (Entered: 07/10/1997)	PACER
38	July 9, 1997	ORDER REFERRING CASE to Mag. Judge William E. Cassady ( signed by Judge Richard W. Vollmer Jr. ) (eec) (Entered: 07/10/1997)	PACER
39	July 14, 1997	MOTION by Southtrust Bank, Rick Chastain, Erby Long to Quash Subpoena served on James Rainer, Jr. Ref. to J/Cassady 7-15-97 (eec) (Entered: 07/15/1997)	PACER
41	July 23, 1997	RESPONSE by Pltfs to [39-1] motion to Quash Subpoena served on James Rainer, Jr.; referred to Mag. Cassady (clr) (Entered: 07/24/1997)	PACER
42	July 25, 1997	REPLY BRIEF of James M. Rainer, Jr. to Pltfs' response to [39-1] motion to Quash Subpoena; referred to Mag. Cassady (clr) (Entered: 07/28/1997)	PACER
43	July 30, 1997	MEMORANDUM OPINION granting in part, denying in part [29-1] motion for Partial Summary Judgment ( signed by Mag. Judge William E. Cassady ) Copies mailed 7-31-97 (eec) Modified on 08/01/1997 (Entered: 08/01/1997)	PACER
44	July 30, 1997	JUDGMENT entered that the plaintiffs shall have and recover nothing against the defendant Long and FURTHER that the claims of Nettles, Day and Simon are due to be and hereby are DISMISSED WITH PREJUDICE. The motion for partial summary judgment is otherwise DENIED ( signed by Mag. Judge William E. Cassady ); J/E # 6140 Judgment EOD: 8-1-97 Copies mailed 8-1-97 (eec) (Entered: 08/01/1997)	PACER
45	July 30, 1997	NOTICE entered, endorsed motion granting [39-1] motion to Quash Subpoena served on James Rainer, Jr. ( signed by Mag. Judge William E. Cassady ) Copies mailed 8-1-97 (eec) (Entered: 08/01/1997)	PACER
46	Sept. 12, 1997	STIPULATION of dismissal with prejudice filed. Ref. to J/Cassady 9-15-97 (eec) (Entered: 09/15/1997)	PACER
47	Sept. 16, 1997	ORDER entered, pursuant to the stipulation for dismissal with prejudice filed by all parties on September 12, 1997 (Doc. 46), that this action is DISMISSED WITH PREJUDICE ( signed 9-15-97 by Mag. Judge William E. Cassady ) Copies mailed 9-16-97 (eec) (Entered: 09/16/1997)	PACER
	Sept. 16, 1997	Case closed (eec) (Entered: 09/16/1997)	PACER

show / hide docket entries

Case Details

State / Territory:

Alabama

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Sept. 20, 1996

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-denominational Christian church that was turned down for a loan after the pastor and two elders (all black males) met with the bank.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Southtrust Bank of Alabama

Case Details

Causes of Action:

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

Other Dockets:

Southern District of Alabama 1:96-cv-00922

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Unknown

Issues

Discrimination Area:

Lending

Affected Race(s):

Black

Recommended Citation

Case Summary of Church of Zion Christian Center v. Southtrust Bank, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10088/ (last updated 7/11/2007).