Case: United States v. First National Bank of Pontotoc

3:06-cv-00061 | U.S. District Court for the Northern District of Mississippi

Filed Date: April 27, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On April 27, 2006, the United States government filed a lawsuit in the U.S. District Court for the Northern District of Mississippi against First National Bank of Pontotoc (the "Bank") and its former Vice-President, under Equal Credit Opportunity Act (ECOA). The U.S. sought damages, declaratory and injunctive relief, alleging that the defendants engaged in a practice or pattern of gender discrimination against female borrowers, female applicants for credit, and female account holders. Specifica…

On April 27, 2006, the United States government filed a lawsuit in the U.S. District Court for the Northern District of Mississippi against First National Bank of Pontotoc (the "Bank") and its former Vice-President, under Equal Credit Opportunity Act (ECOA). The U.S. sought damages, declaratory and injunctive relief, alleging that the defendants engaged in a practice or pattern of gender discrimination against female borrowers, female applicants for credit, and female account holders. Specifically, the U.S. alleged that the Vice-President sexually harassed the aforementioned women, and the Bank was liable for his actions. According to the DOJ press release, the Vice-President's actions included offensive comments, unwanted sexual touching, and demanding sexual favors from female customers over a period of years until his employment ended in May of 2004.

On July 6, 2006, the Vice-President filed a motion to dismiss. On November 3, 2006, the Court (Judge Glen H. Davidson) dismissed the motion.

On July 11, 2007, the U.S. filed an amended complaint, adding allegations of gender discrimination under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. In other respects, the complaint reiterated the original allegations. On July 25, 2007, the Bank filed a cross-claim against its former Vice-President, denying liability for the latter's actions and seeking compensation from him to the Bank for any liability imposed on the Bank.

The parties entered into settlement negotiations and reached an agreement. On November 7, 2007, the Court entered the parties' consent decree. The decree contained general injunctions on gender discrimination in: 1) application for credit: 2) residential real-estate related transaction; 3) terms or conditions of residential real-estate transactions. If the Vice-President resumed engagement in residential real-estate transaction, he had to provide notice to the plaintiff and go through a fair lending laws training, with focus on sex discrimination and harassment. The Bank agreed to institute anti-discrimination policies, including posting notices in media, and a complaints procedure for sexual harassment. The Bank also agreed to provide fair lending training to its present and future employees, focused on sexual harassment. The Bank agreed to pay $130,000.00 in damages to victims of sexual harassment and the Vice-President agreed to pay $120,000.00, with up to $50,000.00 for additional victims. The Bank had to pay $5,000.00 and the Vice-President $45,000.00 in civil penalty to the United States. The Bank also agreed to provide reports to the plaintiff pertaining to the consent decree. The decree remained in effect for five years and the Court retained jurisdiction over the decree for its duration.

On September 24, 2008, the Court (Judge Michael P. Mills) approved the joint stipulation of parties on disbursement of funds, and ordered payment of $50,000.00 by the Bank to 29 women with varying amounts.

Summary Authors

Zhandos Kuderin (7/31/2014)

People


Documents in the Clearinghouse

Documents in this case

3:06-cv-00061

Docket

United States of America v. First National Bank of Pontotoc

Sept. 24, 2008

Sept. 24, 2008

Docket
1

3:06-cv-00061

Complaint

United States of America v. First National Bank of Pontotoc

April 27, 2006

April 27, 2006

Complaint

3:06-cv-00061

Sexual Harassment of Costumers Alleged Against Mississippi Bank and Former Employee

United States of America v. First National Bank of Pontotoc

No Court

April 27, 2006

April 27, 2006

Press Release
23

3:06-cv-00061

Order Denying Motion to Dismiss

United States of America v. First National Bank of Pontotoc

Nov. 2, 2006

Nov. 2, 2006

Order/Opinion
68

3:06-cv-00061

First National Bank of Pontooc's Answer to Amended Complaint and Cross-Claim

United States of America v. First National Bank of Pontotoc

July 25, 2007

July 25, 2007

Pleading / Motion / Brief
80

3:06-cv-00061

Consent Decree

United States of America v. First National Bank of Pontotoc

Nov. 6, 2007

Nov. 6, 2007

Order/Opinion

3:06-cv-00061

Justice Department Settles Sexual Harassment Lawsuit Against Mississippi Bank and Former Bank Vice President

United States of America v. First National Bank of Pontotoc

No Court

Nov. 6, 2007

Nov. 6, 2007

Press Release
86

3:06-cv-00061

Proposed Order

United States of America v. First National Bank of Pontotoc

Sept. 19, 2008

Sept. 19, 2008

Order/Opinion
67

3:06-cv-00061

Amended Complaint

United States of America v. First National Bank of Pontotoc

July 11, 2011

July 11, 2011

Complaint

Docket

Last updated March 23, 2025, 9:25 a.m.

ECF Number Date Description Link
1 April 27, 2006

COMPLAINT against First National Bank of Pontotoc, William W. Anderson, Jury Demand , filed by United States of America. (Attachments: # 1 Civil Cover

PACER
3 May 3, 2006

MOTION for More Definite Statement by First National Bank of Pontotoc. (Malski, C.)

PACER
4 May 3, 2006

CORPORATE STATEMENT. (Malski, C.)

PACER
5 May 16, 2006

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; First National Bank of Pontotoc waiver sent on 5/3/2006. (Attachments: # 1)(Dougherty, Burtis)

PACER
6 May 17, 2006

RESPONSE to Motion re 3 MOTION for More Definite Statement filed by United States of America. (Kirwan, Tanya)

PACER
7 May 26, 2006

MEMORANDUM IN SUPPORT re 3 MOTION for More Definite Statement. (Malski, C.)

PACER
8 June 7, 2006

ORDER denying 3 Motion for More Definite Statement . Signed by Judge S. Allan Alexander on 6/7/06. (tlk, USDC)

PACER
9 June 8, 2006

Summons Issued as to William W. Anderson. (nsm, USDC)

PACER
10 June 15, 2006

First National Bank of Pontotoc's ANSWER to Complaint, CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc.(Malski, C.)

PACER
11 June 28, 2006

NOTICE OF SERVICE of First National Bank of Pontotoc's First Set of Interrogatories and Requests for Production of Documents by C. Michael Malski on behalf of First National Bank of Pontotoc to Plaintiff. (Malski, C.)

PACER
12 July 5, 2006

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; William W. Anderson waiver sent on 5/3/2006. (Dougherty, Burtis)

PACER
13 July 6, 2006

MOTION to Dismiss by William W. Anderson. (Tollison, Grady)

PACER
14 July 6, 2006

MEMORANDUM IN SUPPORT re 13 MOTION to Dismiss. (Tollison, Grady)

PACER
15 July 6, 2006

WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; (Dougherty, Burtis)

PACER
July 6, 2006

NOTICE OF CORRECTION: Waiver re−filed as doc.#15 re 12 Waiver of Service Executed (tab, USDC)

PACER
16 July 7, 2006

Joint MOTION to Dismiss by First National Bank of Pontotoc. (Malski, C.)

PACER
17 July 7, 2006

Case REASSIGNED to Judge Jerry A. Davis. Judge S. Allan Alexander no longer assigned to the case. (tab, USDC)

PACER
18 July 24, 2006

RESPONSE in Opposition re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by United States of America. (Kirwan, Tanya)

PACER
19 July 26, 2006

MOTION for Extension of Time to Respond to Plaintiff United States of America's Response in Opposition to Plaintiff William W. Anderson's Motion to Dismiss by William W. Anderson. (Tollison, Grady)

PACER
20 July 26, 2006

ORDER granting 19 Motion for Extension of Time . Signed by Judge Glen H. Davidson on 7/26/06. (tab, USDC)

PACER
21 Aug. 4, 2006

REPLY to Response to Motion re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by First National Bank of Pontotoc. (Malski, C.)

PACER
22 Aug. 16, 2006

REPLY to Response to Motion re 13 MOTION to Dismiss filed by William W. Anderson. (Tollison, Grady)

PACER
23 Nov. 3, 2006

ORDER denying 13 Motion to Dismiss, denying 16 Motion to Dismiss . Signed by Judge Glen H. Davidson on 11/2/06. (tab, USDC)

PACER
25 Nov. 15, 2006

INITIAL ORDER − RULE 16.1: Telephonic Case Management Conference set for 2/16/2007 at 10:00 AM in Judge Davis Chambers before Mag. Judge Jerry A. Davis.Signed by Judge Jerry A. Davis on 11/15/06. (egs, USDC)

PACER
26 Feb. 2, 2007

NOTICE OF SERVICE of Pre−Discovery Disclosure of Core Information by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff's Counsel. (Abel, Cameron)

PACER
27 Feb. 2, 2007

NOTICE OF SERVICE of Pre−Discovery Disclosure Information by Tanya Ilona Kirwan on behalf of United States of America to Defendants First National Bank of Pontotoc and William W. Anderson. (Kirwan, Tanya)

PACER
28 Feb. 16, 2007

Minute Entry for proceedings held before Judge Jerry A. Davis : Case Management Conference held on 2/16/2007. (egs, USDC)

PACER
29 Feb. 16, 2007

CASE MANAGEMENT ORDER: Case assigned to standard track. Discovery due by 8/16/2007. Amendments/Joinder of Parties due by 4/30/2007. Plaintiffs Designation of Experts due by 6/1/2007. Defendants Designation of Experts due by 7/2/2007. Motions due by 8/30/2007. Signed by Judge Jerry A. Davis on 2/16/07. (egs, USDC)

PACER
30 March 1, 2007

ORDER OF RECUSAL. Judge Glen H. Davidson recused. Case reassigned to Judge Michael P. Mills for all further proceedings. Signed by Judge Glen H. Davidson on 3/1/07. (tab, USDC)

PACER
31 March 2, 2007

NOTICE OF SERVICE of US First Set of Interrogatories to Defendant Anderson; US First Request for Production to Defendant Anderson by Burtis M. Dougherty on behalf of United States of America to All counsel of record. (Dougherty, Burtis)

PACER
32 March 2, 2007

NOTICE OF SERVICE of US First Set of Interrogatories to Defendant Anderson; US First Request for Production to Defendant Anderson by Burtis M. Dougherty on behalf of United States of America to All Counsel of Record. (Dougherty, Burtis)

PACER
March 2, 2007

NOTICE OF CORRECTION notice un−signed, to be re−filed with signature re 31 Notice of Service (tab, USDC)

PACER
33 March 15, 2007

NOTICE OF SERVICE of Pre−Discovery Disclosure Information by C. Michael Malski on behalf of First National Bank of Pontotoc to Burtis M. Doughtery, Tanya Ilona Kirwan, Donna M. Murphy and Grady F. Tollison, Jr.. (Malski, C.)

PACER
34 March 20, 2007

NOTICE OF SERVICE of Notice of Service of US First Interrogatories and Requests for Production of Documents by Burtis M. Dougherty on behalf of United States of America to Defendants' Counsel of Record. (Dougherty, Burtis)

PACER
35 March 27, 2007

NOTICE OF SERVICE of Defendant William Anderson's First Set of Interrogatories and Requests for Production of Documents by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America. (Abel, Cameron)

PACER
36 April 6, 2007

NOTICE of Attorney Appearance by William Davis Frye on behalf of First National Bank of Pontotoc (Frye, William)

PACER
37 April 6, 2007

NOTICE of Attorney Appearance by Robert E. Hauberg, Jr on behalf of First National Bank of Pontotoc (Hauberg, Robert)

PACER
38 April 9, 2007

NOTICE OF SERVICE of Defendant William W. Anderson's Responses to First Set of Interrogatories and Requests for Production of Documents Propounded by the United States by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America and Co−Defendant First Nat'l Bank of Pontotoc. (Abel, Cameron)

PACER
39 April 20, 2007

Joint MOTION for Extension of Time for Responding to Discovery and Amending the Pleadings by United States of America, First National Bank of Pontotoc. (Frye, William)

PACER
April 27, 2007

Set/Reset Case Management Order Deadlines: Amendments/Joinder of Parties due by 5/30/2007. (nsm, USDC)

PACER
41 April 30, 2007

NOTICE OF SERVICE of Plaintiff United States' Response to Defendant William W. Anderson's First Set of Interrogatories to Plaintiff and Plaintiff United States' Response to Defendant William W. Anderson's First Request for Production of Documents to Plaintiff by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

PACER
42 May 8, 2007

NOTICE OF SERVICE of United States' Second Set of Interrogatories to Defendant William W. Anderson by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

PACER
43 May 11, 2007

MOTION for Protective Order by United States of America. (Kirwan, Tanya)

PACER
44 May 11, 2007

MEMORANDUM IN SUPPORT re 43 MOTION for Protective Order. (Kirwan, Tanya)

PACER
45 May 23, 2007

NOTICE OF SERVICE of Responses to Plaintiff's First Set of Interrogatories and First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc. (Frye, William)

PACER
46 May 24, 2007

RESPONSE to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)

PACER
47 May 24, 2007

MEMORANDUM IN SUPPORT re 46 Response to Motion. (Attachments: # 1 Exhibit A−E to Memo in Support of Defendant William Anderson's Response to Plaintiff's Motion for Protective Order) (Abel, Cameron)

PACER
48 May 29, 2007

NOTICE OF SERVICE of Supplemental Response to Plaintiff's First Set of Interrogatories by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff United States of America. (Abel, Cameron)

PACER
49 May 30, 2007

MOTION for Leave to File Amended Complaint by United States of America. (Attachments: # 1 Exhibit Proposed Amended Complaint) (Kirwan, Tanya)

PACER
50 May 30, 2007

MEMORANDUM IN SUPPORT re 49 MOTION for Leave to File Amended Complaint . (Kirwan, Tanya)

PACER
51 June 4, 2007

REPLY to Response to Motion re 43 MOTION for Protective Order filed by United States of America. (Kirwan, Tanya)

PACER
52 June 6, 2007

NOTICE OF SERVICE of First Set of Interrogatories and First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc to Plaintiff. (Frye, William)

PACER
53 June 8, 2007

REPLY to Response to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)

PACER
54 June 8, 2007

NOTICE OF SERVICE of Defendant's William W. Anderson's Responses to Second Set of Interrogatories Propounded by United States by Cameron Morgan Abel on behalf of William W. Anderson to Plaintiff, United States of America. (Abel, Cameron)

PACER
55 June 15, 2007

RESPONSE in Opposition re 49 MOTION for Leave to File Amended Complaint filed by First National Bank of Pontotoc. (Hauberg, Robert)

PACER
56 June 19, 2007

AMENDED SCHEDULING ORDER: Discovery due by 10/15/2007. Motions due by 11/15/2007. Plaintiffs Designation of Experts due by 8/15/2007. Defendants Designation of Experts due by 7/16/2007.Signed by Judge Jerry A. Davis on 6/19/07. (egs, USDC)

PACER
57 June 20, 2007

ORDER granting 43 Motion for Protective Order. Signed by Judge Jerry A. Davis on 6/20/2007. (jkj, USDC)

PACER
58 June 29, 2007

NOTICE OF SERVICE of Notice of Service of Supplemental Initial Disclosures by Burtis M. Dougherty on behalf of United States of America to Counsel for all

PACER
60 July 5, 2007

ORDER granting 49 Motion for Leave to File Amended Complaint within 14 days. Signed by Judge Jerry A. Davis on 7/5/2007. (jkj, USDC)

PACER
61 July 6, 2007

NOTICE OF SERVICE of United States' Responses to Defendant First National Bank of Pontotoc's First Set of Interrogatories and First Requests for Production of Documents by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

PACER
62 July 6, 2007

MOTION for Extension of Time to Designate Expert Witnesses by First National Bank of Pontotoc. (Attachments: # 1 Exhibit Exhibit "A" to Motion for Additional Time) (Frye, William)

PACER
63 July 10, 2007

NOTICE of Trial: MVD/Jury Trial set for 6/16/2008 09:40 AM in Oxford Courtroom 1 before Chief Judge Michael P. Mills. (spw, USDC)

PACER
64 July 10, 2007

NOTICE of Final Pretrial Conference set for 5/28/2008 at 10:00 AM in Judge Davis Chambers before Mag.Judge Jerry A. Davis. (egs, USDC)

PACER
65 July 10, 2007

ORDER Regarding Final Pretrial Conference Instructions. Signed by Judge Jerry A. Davis on 7/10/07. (egs, USDC)

PACER
66 July 11, 2007

ORDER granting 62 Motion for Extension of Time. Signed by Judge Jerry A. Davis on 7/11/07. (egs, USDC)

PACER
67 July 11, 2007

AMENDED COMPLAINT against all defendants, Jury Demand, filed by United States of America. (Kirwan, Tanya)

PACER
July 11, 2007

Set/Reset Case Management Order Deadlines: Discovery due by 10/30/2007; Plaintiffs Designation of Experts due by 8/29/2007; Defendants Designation of Experts due by 7/30/2007. (egs, USDC)

PACER
68 July 25, 2007

ANSWER to Amended Complaint and , CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc. (Frye, William)

PACER
69 July 27, 2007

NOTICE by William Davis Frye on behalf of First National Bank of Pontotoc Designation of Expert Witness (Attachments: # 1 Exhibit 1) (Frye, William)

PACER
70 Aug. 8, 2007

Defendant William Anderson's ANSWER to Crossclaim by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)

PACER
71 Aug. 8, 2007

Defendant William Anderson's ANSWER to Amended Complaint by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)

PACER
72 Aug. 13, 2007

NOTICE OF SERVICE of First Supplemental Responses to Plaintiff's First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc. (Frye, William)

PACER
73 Aug. 16, 2007

NOTICE of Settlement Conference set for 9/14/2007 at 10:00 AM in Judge Davis Chambers before Mag. Judge Jerry A. Davis. (egs, USDC)

PACER
74 Aug. 17, 2007

NOTICE OF SERVICE of Supplemental Responses to Interrogatories and Requests for Production of Documents of Defendant William W. Anderson, Jr. by Tanya Ilona Kirwan on behalf of United States of America to Counsel of Record. (Kirwan, Tanya)

PACER
75 Aug. 28, 2007

NOTICE to Take Deposition of Anita Russell, Lisa Mathews, Jim Williams, and Julie Henry by Tanya Ilona Kirwan on behalf of United States of America (Kirwan, Tanya)

PACER
76 Aug. 28, 2007

NOTICE to Take Deposition of Linda Adams, Cathy Purdon, and Buddy Montgomery by Tanya Ilona Kirwan on behalf of United States of America (Kirwan, Tanya)

PACER
78 Sept. 14, 2007

Minute Entry for proceedings held before Judge Jerry A. Davis : Settlement Conference held on 9/14/2007. (egs, USDC) (Entered: 09/17/2007)

PACER
79 Nov. 6, 2007

NOTICE by Tanya Ilona Kirwan on behalf of United States of America Joint Notice of Entry of Proposed Consent Decree (Kirwan, Tanya)

PACER
80 Nov. 7, 2007

CONSENT DECREE. Signed by Judge Michael P. Mills on 11/6/07. (tab, USDC)

PACER
81 Nov. 7, 2007

ORDER DISMISSING CASE without prejudice for statistical purposes. CASE CLOSED. Signed by Judge Michael P. Mills on 11/7/07. (lpm, USDC)

PACER
82 Nov. 9, 2007

NOTICE OF ENDORSEMENT by William Davis Frye on behalf of First National Bank of Pontotoc re 80 Order (Frye, William)

PACER
83 Nov. 9, 2007

NOTICE OF ENDORSEMENT by Cameron Morgan Abel on behalf of William W. Anderson re 80 Order (Abel, Cameron)

PACER
84 Sept. 19, 2008

MOTION for Disbursement of Funds by All Parties by United States of America. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit, # 16 Affidavit, # 17 Affidavit, # 18 Affidavit, # 19 Affidavit, # 20 Affidavit, # 21 Affidavit, # 22 Affidavit, # 23 Affidavit, # 24 Affidavit, # 25 Affidavit, # 26 Affidavit, # 27 Affidavit, # 28 Affidavit, # 29 Affidavit) (Dougherty, Burtis)

PACER
85 Sept. 19, 2008

AMENDED DOCUMENT Certificate of Service Re #84 . (Dougherty, Burtis)

PACER
86 Sept. 24, 2008

ORDER granting 84 Motion for Disbursement of Funds. Signed by Mag. Judge Jerry A. Davis on 9/24/08. (egs, USDC)

PACER
87 Sept. 24, 2008

ORDER. Signed by Michael P. Mills on 9/24/08. (lpm, USDC)

PACER

Case Details

State / Territory:

Mississippi

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States government on behalf of female victims of sexual harassment

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

First National Bank of Pontotoc

Defendant Type(s):

Bank or credit provider

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:

Northern District of Mississippi 3:06-cv-00061

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Reporting

Amount Defendant Pays: 350,000.00

Order Duration: 2007 - 2012

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Contracting

Lending

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation