Case: A.B. & S. Auto Serv. v. South Shore Bank

1:95-cv-05826 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 11, 1995

Closed Date: March 24, 1997

Clearinghouse coding complete

Case Summary

Plaintiffs, an auto repair shop and its owner, filed suit in the U.S. District Court for the Northern District of Illinois, alleging that the Defendant-lender's practice of requiring loan applicants to disclose their criminal histories violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691, and a federal civil rights statute, 42 U.S.C. 1981, because this practice had a disproportionate impact on African-American men. Defendant-lender had denied plaintiffs' application for a $230,000 loan based on five arrest incidents that did not lead to criminal convictions.

U.S. District Court Judge Ann Claire Williams granted the Defendant's motion for summary judgment on March 26, 1997. A.B. & S. Auto Serv. v. South Shore Bank, 962 F. Supp. 1056 (N.D. Ill. 1997). Judge Williams found that the Defendant-lenders' use of general population statistics did not violate the ECOA and was a lawful business practice.

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Williams, Ann Claire (Illinois)

Attorney for Plaintiff

Andry, Armand L. (Illinois)

Attorney for Defendant

Hancuch, Thomas G. (Illinois)

Lapidus, Allan E. (Illinois)

Judge(s)

Williams, Ann Claire (Illinois)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:95-cv-05826

Docket (PACER)

A.B. & S. Auto Service, Inc. v. South Shore Bank of Chicago

March 24, 1997

March 24, 1997

Docket
36

1:95-cv-05826

Memorandum Opinion and Order

A.B. & S. Auto Service, Inc. v. South Shore Bank of Chicago

March 24, 1997

March 24, 1997

Order/Opinion

962 F.Supp. 962

Docket

Last updated March 22, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Armand L. Andry as attorney(s) for plaintiff with Rule 39 affidavit ( original and one summons(es) issued.) ( Documents: 1-1 through 1-4) (lal) (Entered: 10/13/1995)

Oct. 11, 1995

Oct. 11, 1995

RECEIPT regarding payment of filing fee paid; on 10/11/95 in the amount of $ 120.00, receipt # 462704. (lal) (Entered: 10/13/1995)

Oct. 11, 1995

Oct. 11, 1995

2

RETURN OF SERVICE of summons executed upon defendant S Shore Bk of Chgo on 10/12/95 (eav) (Entered: 10/18/1995)

Oct. 17, 1995

Oct. 17, 1995

SCHEDULE set on 10/30/95 by Hon. Ann C. Williams : Status hearing set to 9:30 11/3/95 . Mailed notice (dl) (Entered: 10/30/1995)

Oct. 30, 1995

Oct. 30, 1995

3

ANSWER by defendant S Shore Bk of Chgo to count one of complaint (eav) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

4

ATTORNEY APPEARANCE for defendant S Shore Bk of Chgo by Allan E. Lapidus, Thomas G. Hancuch (eav) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

5

RULE 39 Affidavit of Allan E. Lapidus (eav) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

6

RULE 39 Affidavit of Thomas G. Hancuch (eav) (Entered: 11/02/1995)

Nov. 1, 1995

Nov. 1, 1995

SCHEDULE set on 11/3/95 by Hon. Ann C. Williams : Status hearing held. Pretrial conference set to 10:00 11/27/95. Parties are directed to informally exchange discovery and have settlement discussions. Date for filing an answer or otherwise plead is extended to 12/8/95. Counsel for defendant is invited to attend the pretrial conference. Mailed notice (dl) (Entered: 11/07/1995)

Nov. 3, 1995

Nov. 3, 1995

7

MOTION by defendant S Shore Bk of Chgo to dismiss Count Two ; Notice of motion (eav) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

8

MEMORANDUM by defendant S Shore Bk of Chgo in support of motion to dismiss Count Two [7-1] (eav) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

9

MINUTE ORDER of 11/7/95 by Hon. Ann C. Williams : Defendant's motion to dismiss count two noticed for hearing on 11/08/95 is stricken with leave to refile upon order of the court pursuant to the court's standing order for filing such motions. [7-1] Pretrial conference set for 11/27/95 at 10:00 a.m. to stand. Date of 12/08/95 for defendant to answer or otherwise plead to stand. Mailed notice (eav) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

10

MOTION by defendant S Shore Bk of Chgo for leave to file motion to dismiss Count Two (eav) (Entered: 11/15/1995)

Nov. 7, 1995

Nov. 7, 1995

11

NOTICE of motion by defendant S Shore Bk of Chgo regarding motion for leave to file motion to dismiss Count Two [10-1] (eav) (Entered: 11/28/1995)

Nov. 27, 1995

Nov. 27, 1995

13

MINUTE ORDER of 12/13/95 by Hon. Ann C. Williams : Pretrial conference held and continued to 01/29/96 at 9:00 a.m. Defendant's motion for leave to file motion to dismiss count two is denied. [10-1] Plaintiff voluntarily dismisses count two of the complaint. Discovery ordered closed on 02/29/96. Mailed notice (eav) (Entered: 12/14/1995)

Dec. 13, 1995

Dec. 13, 1995

SCHEDULE set on 1/29/96 by Hon. Ann C. Williams : Pretrial conference held; continued to 12:00 2/23/96 by telephone. Mailed notice (smm) (Entered: 01/31/1996)

Jan. 29, 1996

Jan. 29, 1996

14

MOTION by plaintiffs to extend discovery cutoff ; Notice of motion (eav) (Entered: 02/23/1996)

Feb. 21, 1996

Feb. 21, 1996

15

MINUTE ORDER of 2/21/96 by Hon. Ann C. Williams : Plaintiff's motion to extend discovery cutoff is granted. [14-1] Date discovery ordered closed is extended to 04/30/96. Mailed notice (eav) Modified on 03/28/1996 (Entered: 02/23/1996)

Feb. 21, 1996

Feb. 21, 1996

SCHEDULE set on 2/23/96 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:00 4/4/96 No notice (dl) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

SCHEDULE set on 3/26/96 by Hon. Ann C. Williams : Pretrial conference reset to 10:30 3/28/96 by telephone. Telephoned notice (dl) (Entered: 03/26/1996)

March 26, 1996

March 26, 1996

SCHEDULE set on 3/26/96 by Hon. Ann C. Williams : Pretrial conference reset to 12:00 3/29/96 by telephone. Telephoned notice (dl) (Entered: 03/26/1996)

March 26, 1996

March 26, 1996

SCHEDULE set on 3/29/96 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:15 5/14/96 by telephone. Date discovery ordered closed to stand for liability only. No notice (dl) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

16

MINUTE ORDER of 5/14/96 by Hon. Ann C. Williams : Pretrial conference held. Defendant is given leave to file its motion for summary judgment and memorandum in support on 07/23/96 and serve foregoing motion and memorandum on 06/11/96. Plaintiff to file response on 07/23/96 and serve response on 07/09/96. Reply to be filed and served on 07/23/96. Next date to be included with ruling by mail. Mailed notice (fce) (Entered: 05/21/1996)

May 14, 1996

May 14, 1996

17

RULE 12(N) response to defendant's 12(M) Statement by plaintiff. (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

18

MEMORANDUM of law by plaintiffs in opposition to Defendant's motion for summary judgment. (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

19

EXHIBITS by plaintiffs. (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

20

CROSS-MOTION by plaintiffs for summary judgment . (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

22

MEMORANDUM of law by plaintiff in support of cross-motion for summary judgment. [20-1] (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

23

NOTICE OF FILING by plaintiffs regarding 12N statement [17-1], motion response [18-1], exhibits [19-1], motion for summary judgment [20-1], 12M statement [21-1], memorandum [22-1] (tlm) (Entered: 06/25/1996)

June 24, 1996

June 24, 1996

24

MINUTE ORDER of 7/8/96 by Hon. Ann C. Williams : Plaintiffs' 12(N) statement in opposition to defendant's [17-1], memorandum of law in opposition to defendant's motion for summary judgment [18-1]; plaintiffs' exhibits [19-1]; plaintiffs' cross-motion for summary judgment [20-1]; and plaintiffs 12(M) statement [21-1]; memorandum of law in support of their cross-motion for summary judgment are stricken with leave to refile on 07/23/96 pursuant to the brifing schedule set by the court on 05/14/96. [22-1] Mailed notice (tlm) (Entered: 07/09/1996)

July 8, 1996

July 8, 1996

25

MINUTE ORDER of 7/30/96 by Hon. Ann C. Williams : Pursuan tot agreement of parties, date for filling cross-motions for summary judgment, responses and replies is extended to 08/20/96. Date for defendant to serve reply in support of its motion for summary judgment and response to plaintiffs cross motion for summary judmgent is extended to 08/06/96. Date for plaintiffs to serve reply in support of their cross-motions for summary judmgnet is extended to 08/20/96. Mailed notice (tlm) (Entered: 07/31/1996)

July 30, 1996

July 30, 1996

26

MOTION by S Shore Bk of Chgo for summary judgment (Exhibits). (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

27

MEMORANDUM by S Shore Bk of Chgo in support of its motion for summary judgment. [26-1] (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

28

RESPONSE and statement of additional facts by S Shore Bk of Chgo (Exhibits). (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

29

REPLY MEMORANDUM in support of S Shore Bk of Chgo to motion for summary judgment [26-1] and response to plaintiffs' cross-claim (Attachment). (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

30

RULE 12(M) Statement of undisputed facts by S Shore Bk of Chgo (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

31

REPLY by plaintiff to defendant's response to cross-motion for summary judmgent. (tlm) (Entered: 08/21/1996)

Aug. 20, 1996

Aug. 20, 1996

32

MINUTE ORDER of 8/20/96 by Hon. Ann C. Williams : Plaintiff's cross motion for summary judgment, plaintiffs' memorandum of law in support of crossmotion for summary judgment plaintiffs' Rule 12(M) statement in support of cross motion for summary judgment, plaintiffs' exhibits, plaintiffs' memorandum in opposition to motion for summary judgment, and plaintiffs' 12(N) statement in response to defendant's 12(M) statement are reinstated as of 08/20/96. Documents [17-1], [18-1], [19-1], [20-1], [21-1], [22-1] Mailed notice (tlm) (Entered: 08/23/1996)

Aug. 20, 1996

Aug. 20, 1996

34

MINUTE ORDER of 8/28/96 by Hon. Ann C. Williams : Defendant South Shore Bank's motion for leave to file sur-reply is granted. [33-1] Mailed notice (tlm) (Entered: 08/30/1996)

Aug. 28, 1996

Aug. 28, 1996

35

SUR-REPLY by Defendant S Shore Bk of Chgo to plaintiff's cross-motion for summary judgment [20-1] (tlm) (Entered: 08/30/1996)

Aug. 28, 1996

Aug. 28, 1996

36

MEMORANDUM, OPINION, AND ORDER (tlm) (Entered: 03/26/1997)

March 24, 1997

March 24, 1997

37

MINUTE ORDER of 3/24/97 by Hon. Ann C. Williams : The court grants Defendant South Shore Bank's motion for summary judgment [26-1] and denies Plaintiff Bonnern and AB&S's motion for summary judgment. [20-1] terminating case Mailed notice (tlm) (Entered: 03/26/1997)

March 24, 1997

March 24, 1997

38

ENTERED JUDGMENT (tlm) (Entered: 03/26/1997)

March 24, 1997

March 24, 1997

Case Details

State / Territory: Illinois

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Oct. 11, 1995

Closing Date: March 24, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Automobile repair shop and its African American president who were denied a loan from South Shore Bank of Chicago and brought this suit under the "ECOA"

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

South Shore Bank of Chicago, None

Case Details

Causes of Action:

42 U.S.C. § 1981

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

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Records Disclosure

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black

Affected Sex or Gender:

Male