Case: JAT Inc. v. Nat'l City Bank of the Midwest

2:06-cv-11937 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 25, 2006

Closed Date: Dec. 19, 2008

Clearinghouse coding complete

Case Summary

Plaintiffs filed this class action lawsuit against the Defendant-lender on April 25, 2006, in the U.S. District Court for the Eastern District of Michigan, alleging that the Defendant-bank had an unwritten policy of not lending in predominantly minority areas of Detroit. Plaintiffs' suit included claims under the Fair Housing Act, 42 U.S.C. 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. 1691, and federal civil rights statutes, 42 U.S.C. 1981, 1982. On October 27, 2006, the Court (Judge …

Plaintiffs filed this class action lawsuit against the Defendant-lender on April 25, 2006, in the U.S. District Court for the Eastern District of Michigan, alleging that the Defendant-bank had an unwritten policy of not lending in predominantly minority areas of Detroit. Plaintiffs' suit included claims under the Fair Housing Act, 42 U.S.C. 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. 1691, and federal civil rights statutes, 42 U.S.C. 1981, 1982. On October 27, 2006, the Court (Judge Nancy G. Edmunds) granted the Defendant's motions to dismiss some of the claims under the FHA and ECOA as time-barred. JAT, Inc. v. Nat'l City Bank of the Midwest, 460 F. Supp. 2d 812 (E.D. Mich. 2006). Judge Edmunds rejected other defense motions at this stage, finding that Defendant's substantive defenses were more appropriate at the summary judgment stage.

On July 9, 2007, Judge Edmunds denied Plaintiffs' motion for class action certification. JAT, Inc. v. Nat'l City Bank of the Midwest, 2007 U.S. Dist. LEXIS 49198 (E.D. Mich. July 9, 2007). After extensive discovery proceedings, the Court granted summary judgment for the defendants on June 10, 2008, holding that the Plaintiffs did not have enough factual support to proceed with their claim. 2008 WL 2397657 (E.D. Mich. June 10, 2008).

The Plaintiffs appealed to the Sixth Circuit Court of Appeals, however, they withdrew their appeal and the case was dismissed on December 19, 2008.

Summary Authors

Joshua Arocho (6/21/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4827457/parties/jat-incorporated-v-national-city-bank-of-the-midwest/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Majzoub, Mona K. (Michigan)

Attorney for Plaintiff

Collins, Jeffrey (Michigan)

Gassner, Henry P. (District of Columbia)

Attorney for Defendant

Cleveland, Michael G. (Illinois)

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Documents in the Clearinghouse

Document

2:06-cv-11937

Docket (PACER)

JAT, Inc. v. National City Bank of the Midwest

Dec. 19, 2008

Dec. 19, 2008

Docket
1

2:06-cv-11937

Complaint of Racially Discriminatory Lending Practices

JAT, Inc. v. National City Bank of the Midwest

April 25, 2006

April 25, 2006

Complaint
9

2:06-cv-11937

Amended Class Action Complaint of Racially Discriminatory Lending Practices

JAT, Inc. v. National City Bank of the Midwest

July 31, 2006

July 31, 2006

Complaint
20

2:06-cv-11937

Order Granting Defendant's Motion to Dismiss in Part and Denying Defendant's Motion to Dismiss in Part

JAT, Inc.v. National City Bank of the Midwest

Oct. 27, 2006

Oct. 27, 2006

Order/Opinion

460 F.Supp.2d 460

72

2:06-cv-11937

Opinion and Order Denying as Moot Defendant's Motion to Compel

JAT, Inc.v. National City Bank of the Midwest

June 29, 2007

June 29, 2007

Order/Opinion

2007 WL 2007

74

2:06-cv-11937

Order (1) Denying Plaintiffs' Motion for Class Certification, and (2) Denying as Moot Defendants' Two Motions to Strike Declarations and Pleadings

JAT, Inc. v. National City Bank of the Midwest

July 9, 2007

July 9, 2007

Order/Opinion

2007 WL 2007

119

2:06-cv-11937

Opinion and Order Granting in Part and Denying in Part Plaintiff's Motion to Compel and Granting Plaintiff's Motion to Extend the Deadline for Plaintiff's Expert Reports

JAT, Inc. v. National City Bank of the Midwest

Nov. 8, 2007

Nov. 8, 2007

Order/Opinion

2007 WL 2007

135

2:06-cv-11937

Opinion and Order Granting in Part Defendant's Motion to Bar the Testimony of Phillip Peake

JAT, Inc. v. National City Bank of the Midwest

April 22, 2008

April 22, 2008

Order/Opinion

2008 WL 2008

159

2:06-cv-11937

Opinion and Order Granting Defendant's Motion for Summary Judgment

JAT, Inc. v. National City Bank of the Midwest

June 10, 2008

June 10, 2008

Order/Opinion

2008 WL 2008

160

2:06-cv-11937

Judgment

JAT, Inc. v. National City Bank of the Midwest

June 10, 2008

June 10, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4827457/jat-incorporated-v-national-city-bank-of-the-midwest/

Last updated Jan. 26, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by JAT, Incorporated, New Galilee Missionary Baptist Church, Pleasant Hill Baptist Church, and Phillip Peake against National City Bank of the Midwest and National City Corporation; Receipt No: 541533 − Fee: $ 350; with Exhibits 1−3(JJoh, ) (Entered: 04/26/2006)

April 25, 2006

April 25, 2006

2

NOTICE of Appearance by Philip B. Phillips on behalf of National City Bank of the Midwest, National City Corporation. (Phillips, Philip) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

3

WAIVER OF SERVICE Returned Executed. National City Bank of the Midwest waiver sent on 5/8/2006, answer due 7/7/2006; National City Corporation waiver sent on 5/8/2006, answer due 7/7/2006. (Phillips, Philip) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

4

NOTICE of Appearance by Erin L. Toomey on behalf of National City Bank of the Midwest, National City Corporation. (Toomey, Erin) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

5

[SIGNATURE AND ATTORNEY APPEARANCE VIOLATIONS] NOTICE of Voluntary Dismissal by New Galilee Missionary Baptist Church as to New Galilee Missionary Baptist Church (Rose, David) Modified on 6/12/2006 (AGre, ). (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

6

NOTICE of Appearance by David L. Rose on behalf of all plaintiffs. (Rose, David) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

7

STIPULATED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT [see order for dates]. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 07/18/2006)

July 18, 2006

July 18, 2006

8

[FILED IN ERROR; ATTORNEY RE−FILED] AMENDED COMPLAINT filed by all plaintiffs against all defendants.(Rose, David) Modified on 8/1/2006 (AGre, ). (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

9

AMENDED COMPLAINT filed by all plaintiffs against all defendants.(Rose, David) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

10

MOTION to Dismiss by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Amended Complaint# 3 Exhibit 2 − Westlaw Cases# 4 Exhibit 3 − Letter to JAT, Inc.# 5 Exhibit 4 − Letter to Samaritan Baptist Church# 6 Exhibit 5 − Pleasant Hill's Loan Documents# 7 Exhibit 6 − Data from the SBA)(Toomey, Erin) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

11

REQUEST for Judicial Notice by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Exhibit A − Property and Land Search Results)(Toomey, Erin) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

12

MOTION to Consolidate Cases and to Assign the New Case to Judge Presiding Over the Older Case by JAT, Incorporated. (Rose, David) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

13

MOTION to Consolidate Cases to Assign the New Case to Judge Presiding Over the Older Case by JAT, Incorporated. (Attachments: # 1 Memorandum in Support)(Rose, David) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

14

SUPPLEMENTAL BRIEF re 12 MOTION to Consolidate Cases and to Assign the New Case to Judge Presiding Over the Older Case filed by JAT, Incorporated. (Rose, David) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

15

ORDER denying 12 and 13 Motion to Consolidate Cases− Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

16

RESPONSE to 10 MOTION to Dismiss (Memorandum in Opposition to Defendants' Motion to Dismiss) filed by all plaintiffs. (Runyan, John) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

17

NOTICE of hearing on 10 MOTION to Dismiss. Motion Hearing set for 9/27/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

Re−Set Motion Hearings as to 10 MOTION to Dismiss: Motion Hearing re−set for 10/4/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

18

REPLY to Response re 10 MOTION to Dismiss filed by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Unpublished Case Griffus v. Novartis Pharm. Corp.# 3 Exhibit 2 − Unpublished Case Meyers v. ABN AMRO Mortgage Group, Inc.)(Toomey, Erin) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

Minute Entry −Motion Hearing held on 10/4/2006 re 10 MOTION to Dismiss filed by National City Corporation,, National City Bank of the Midwest, before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, ) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

19

SUPPLEMENTAL BRIEF re 16 Response to Motion Notice of Additional Authorities filed by JAT, Incorporated. (Rose, David) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

20

ORDER granting in part and denying in part 10 Motion to Dismiss- Signed by Honorable Nancy G Edmunds. (CHem, )

Oct. 27, 2006

Oct. 27, 2006

RECAP
21

NOTICE TO APPEAR: Scheduling Conference set for 12/4/2006 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

22

SUPPLEMENTAL BRIEF re 10 MOTION to Dismiss Notice of Additional Authorities filed by JAT, Incorporated. (Rose, David) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

23

ORDER DENYING pleading construed as a motion for reconsideration 22 Supplemental Brief filed by JAT, Incorporated,. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

24

ANSWER to Amended Complaint with Affirmative Defenses by all defendants.(Toomey, Erin) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

25

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by National City Corporation.(Toomey, Erin) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

27

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by JAT, Incorporated. (Attachments: # 1 Certificate of Service)(Rose, David) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

28

MOTION to Intervene by Agape Tours, Inc. by JAT, Incorporated. (Attachments: # 1 Memorandum in Support)(Rose, David) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

29

NOTICE of Appearance by Erin L. Toomey on behalf of all defendants. (Toomey, Erin) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

Minute Entry −Scheduling Conference held on 12/4/2006 before Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

30

SCHEDULING ORDER: Final Pretrial Conference set for 9/27/2007 02:00 PM before Honorable Nancy G Edmunds. Jury Trial set for 10/2/2007 09:00 AM before Honorable Nancy G Edmunds. Discovery due by 6/1/2007. Signed by Honorable Nancy G Edmunds. (Refer to image for additional dates)(CHem, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

31

NOTICE of hearing on 28 MOTION to Intervene by Agape Tours, Inc. . Motion Hearing set for 1/17/2007 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

32

RESPONSE to 28 MOTION to Intervene by Agape Tours, Inc. filed by National City Bank of the Midwest, National City Corporation. (Attachments: # 1 Exhibit A)(Toomey, Erin) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

33

MOTION for Leave to File Reply Memorandum in Support of Motion to Intervene by Agape Tours LLC. (Attachments: # 1 Index of Exhibits # 2 Exhibit A Reply Memorandum# 3 Exhibit B Claims of Agape Tours LLC)(Runyan, John) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

TEXT ONLY ORDER granting 33 Motion for Leave to File− Entered by Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

Minute Entry −Motion Hearing held on 1/17/2007 re 28 MOTION to Intervene by Agape Tours, Inc. filed by JAT, Incorporated, before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, ) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

34

ORDER denying 28 Motion to Intervene− Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

35

CERTIFICATE OF SERVICE by National City Bank of the Midwest, National City Corporation Substitution of Attorneys (Toomey, Erin) (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

36

STIPULATION AND ORDER for Substitution. Attorney Jeffrey G. Collins for National City Bank of the Midwest and National City Corporation added. Attorney Philip B. Phillips and Erin L. Toomey terminated. Signed by Honorable Nancy G Edmunds. (CGre) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

37

STIPULATED PROTECTIVE ORDER Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

38

[FILING ERROR:RULE 18, NO INDEX, LABELING] MOTION to Certify Class by all plaintiffs. (Attachments: # 1 Brief# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Index of Exhibits 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12) (Rose, David) Modified on 4/17/2007 (Hamel, D.). (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

39

[SEE DOC 40 FOR BRIEF] MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − First Request to Produce to Good Fight of Faith Ministry# 3 Exhibit B − First Interrogs. to Good Fight of Faith Ministry# 4 Exhibit C − First Request to Produce to 3M Contracting# 5 Exhibit D − First Request to Produce to JAT# 6 Exhibit E − Defendants' First Set of Requests for Admissions to Plaintiffs# 7 Exhibit F − First Interrogs. to JAT# 8 Exhibit G − First Request to Produce to Body of Christ Christian Center# 9 Exhibit H − First Interrogs. to Body of Christ Christian Cente# 10 Exhibit I − First Interrogs. to Samaritan Baptist Church# 11 Exhibit J − First Request to Produce to Samaritan Baptist Church# 12 Exhibit K − First Request to Produce of Pleasant Hill Baptist Church# 13 Exhibit L − First Interrogs. to Pleasant Hill Baptist Church# 14 Exhibit M − First Interrogs. to 3M Contracting# 15 Exhibit N − Plaintiff's Responses to Defs.' First Set of Requests for Admissions) (Collins, Jeffrey) Modified on 4/24/2007 (Hacker, L.). (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

40

MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief by all defendants. (Collins, Jeffrey) (Entered: 04/20/2007)

April 20, 2007

April 20, 2007

41

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs filed by National City Corporation, National City Bank of the Midwest. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

42

NOTICE by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

43

MOTION to Compel Discovery by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church. (Attachments: # 1 Index of Exhibits List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G.1# 9 Exhibit G.2# 10 Exhibit H# 11 Exhibit I.1# 12 Exhibit I.2# 13 Exhibit I.3# 14 Exhibit I.4# 15 Exhibit I.5) (Rose, David) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

44

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 43 MOTION to Compel Discovery filed by 3M Contracting, Incorporated, JAT, Incorporated, Samaritan Baptist Church, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

45

RESPONSE to 40 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief , 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs Opposition filed by all plaintiffs. (Rose, David) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

46

Plaintiffs' WITNESS LIST by JAT, et al (Runyan, John) (Entered: 05/07/2007)

May 7, 2007

May 7, 2007

47

NOTICE of hearing on 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs and 43 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 6/13/2007 and Motion Hearing set for 6/18/2007 @ 01:30 PM before Honorable Mona K Majzoub (LBar) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

48

[FILING ERROR:RULE 18, NO INDEX, OR LABELING] MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum by all plaintiffs. (Attachments: # 1 Memorandum Points and Authorities# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F) (Rose, David) Modified on 5/8/2007 (Hamel, D.). (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

49

Motion To Quash Subpoena Exhibit List by JAT, et al. (Rose, David) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

50

ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: 48 MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum filed by 3M Contracting, Incorporated, Samaritan Baptist Church, JAT, et al, New Galilee Missionary Baptist Church, JAT, Incorporated, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church, Phillip Peake. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

51

MOTION to Strike 38 MOTION to Certify Class by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Dec of Pastor Jackson# 3 Exhibit 2 − Dec of Pastor Tate# 4 Exhibit 3 − Dec of Pastor Starghill# 5 Exhibit 4 − Dec of Malik Salaam# 6 Exhibit 5 − Dec of John Turner# 7 Exhibit 6 − Decl of Phillip Peake# 8 Exhibit 7 − Case of Tseng vs. Home Depot USA# 9 Exhibit 8 − Pltfs. Response to Defs. 1st Request for Admissions# 10 Exhibit 9 − Plaintiffs' Answers to Defs. 1st Interrogs.# 11 Exhibit 10 − Correspondence to Attorney David Rose# 12 Exhibit 11 − Email from Phillip Peake# 13 Exhibit 12 − Excerpts of Dep Trans of Don Narup# 14 Exhibit 13 − Email from Josh Rose) (Collins, Jeffrey) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

52

RESPONSE to 38 MOTION to Certify Class Defendants' Memorandum in Opposition to Plaintiffs' Motion for Class Certification filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 2 − Defs. Object and Answers to Pltfs. 1st Set of Interrogs.# 3 Exhibit 3 − Summary of Deposits# 4 Exhibit 4 − SBA 7(a) Guaranteed Loans# 5 Exhibit 5 − Case of GMC v. Dex−Cool Products) (Collins, Jeffrey) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

53

EXHIBIT 1A − Pltfs.' Answers to Defs. 1st Interrogatories re 52 Response to Motion, by all defendants (Attachments: # 1 Exhibit 1B − Pltfs.' Answers to Defs. 1st Interrogs.) (Collins, Jeffrey) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

54

AMENDED NOTICE of hearing on 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions, 48 MOTION to Quash or Modify Defendants' Subpoenas and 43 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 6/20/2007. Motion Hearing set for 6/27/2007 @ 01:30 PM before Honorable Mona K Majzoub (LBar) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

55

SUPPLEMENTAL BRIEF re 45 Response to Motion, 40 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions and Supporting Brief Reply Brief in Support of Defendants' Motion to Compel and to Deem Admitted filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1− Excerpts of Dep of Don Narup) (Collins, Jeffrey) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

56

RESPONSE to 43 MOTION to Compel Discovery filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Email Dated April 11, 2007# 3 Exhibit 2 − Plaintiffs' Answers to Defs. First Set of Interrogs.# 4 Exhibit 3 − Plaintiffs' Response to Defs. First Set of Request to Admit# 5 Exhibit 4 − Letter Dated February 1, 2007# 6 Exhibit 5 − Email from Josh Rose Dated April 13, 2007# 7 Exhibit 6 − Excerpts of Dep of Don Narup) (Collins, Jeffrey) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

57

NOTICE of hearing on 38 MOTION to Certify Class, 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class. Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds . (CHem) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

58

(FILING ERROR − EXHIBITS NOT PROPERLY LABELED) REPLY to Response re 38 MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit) (Rose, David) Modified on 5/22/2007 (Paul, P.). (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

59

(EXHIBIT LIST) Supplemental Reply Brief Exhibit List by JAT, et al. (Attachments: # 1 Exhibit Supp Exh 1# 2 Exhibit Supp Exh 4# 3 Exhibit Exh 5) (Rose, David) Modified on 5/24/2007 (Paul, P.). (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

60

Joint MOTION to Amend/Correct 30 Scheduling Order, by all parties. (Collins, Jeffrey) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

61

CERTIFICATE OF SERVICE by National City Bank of the Midwest, National City Corporation re 60 Joint MOTION to Amend/Correct 30 Scheduling Order, (Collins, Jeffrey) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

62

RESPONSE to 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class filed by JAT, Incorporated. (Rose, David) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

63

SUPPLEMENTAL BRIEF re 56 Response to Motion, to Compel Discovery filed by JAT, et al. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit 1A−Detroit Loan Applications# 3 Exhibit 1B−Detroit Loan Applications) (Rose,

May 25, 2007

May 25, 2007

Set Deadline as to 60 Joint MOTION to Amend/Correct 30 Scheduling Order,. Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

65

Reply in Support of Motion to Compel Discovery Supplemental Exhibit List by JAT, et al. (Attachments: # 1 Exhibit 1) (Rose, David) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

66

Memo in Opposition to Deft Motion to Strike Declarations Exhibit List by JAT, et al. (Attachments: # 1 Exhibit 1 Exe Dec Starghill# 2 Exhibit Exe Dec Tate) (Rose, David) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

67

SUPPLEMENTAL BRIEF re 64 Response to Motion, to Quash or Modify Subpoenas Duces Tecum filed by JAT, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits# 2 Exhibit A − May 10, 2007 Email) (Rose, David) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

68

MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Excerpts of Deposition of Don Narup# 3 Exhibit 2 − Email from Josh Rose to Don Narup# 4 Exhibit 3 − Correspondence from Charles Odgers to David Rose# 5 Exhibit 4 − Copy of CAP's Website Page) (Collins, Jeffrey) (Entered: 06/12/2007)

June 12, 2007

June 12, 2007

Set Deadline as to 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification . Motion Hearing set for 6/27/2007 02:00 PM before Honorable Nancy G Edmunds (CHem) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

69

JOINT STATUS REPORT on Resolved and Unresolved Issues by National City Bank of the Midwest, National City Corporation, JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

70

RESPONSE to 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification filed by all plaintiffs. (Rose, David) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

71

DECLARATION by Pastor Lawrence J. London re 38 MOTION to Certify Class filed by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

Minute Entry −Motion Hearing held on 6/27/2007 re 48 MOTION to Quash or Modify Defendants' Subpoenas Duces Tecum , 43 MOTION to Compel Discovery and 39 MOTION to Compel and to Deem Admitted Defendants' Requests for Admissions to Plaintiffs − before Honorable Mona K Majzoub. (Tape #MKM 07−029) (LBar) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

Minute Entry −Motion Hearing held on 6/27/2007 re 38 MOTION to Certify Class filed by 3M Contracting, Incorporated, Samaritan Baptist Church, New Galilee Missionary Baptist Church, JAT, Incorporated, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church, Phillip Peake, 68 MOTION to Strike Plaintiffs' Reply, Supplemental Rreply, and Four New Declarations Submitted in Support of Plaintiffs' Motion for Class Certification filed by National City Corporation, National City Bank of the Midwest, 51 MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class MOTION to Strike 38 MOTION to Certify Class filed by National City Corporation, National City Bank of the Midwest before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem) (Entered: 07/09/2007)

June 27, 2007

June 27, 2007

72

ORDER finding as moot 39 Motion to Compel; denying 43 Motion to Compel; finding as moot 48 Motion to Quash- Signed by Honorable Mona K Majzoub. (LBar)

June 29, 2007

June 29, 2007

RECAP
73

DECLARATION by Philip Peake re 38 MOTION to Certify Class filed by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) Additional attachment(s) added on 8/7/2007 (Greer, A.). (Entered: 07/05/2007)

July 5, 2007

July 5, 2007

74

ORDER denying 38 Motion to Certify Class; denying as moot 51 Motion to Strike and 68 Motion to Strike. Signed by Honorable Nancy G Edmunds. (CHem)

July 9, 2007

July 9, 2007

RECAP
75

STIPULATION AND ORDER Amending Scheduling Order: Discovery Cut off set for 9/1/2007; Dispositive Motion Cut−off set for 12/7/2007 , Trailing Trial Docket set for 3/4/2008 , Final Pretrial Conference set for 2/19/2008 02:00 PM before Honorable Nancy G Edmunds (see order for additional dates) Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

76

[EXHIBIT B STRICKEN 8/2/07] MOTION for Reconsideration or, in the Alternative, to Re−File For Class Certification at the Close of Discovery by JAT, Incorporated, Body of Christ Christian Center, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − June 20, 2007 Email# 3 Exhibit B − Philip Peake Declaration) (Rose, David) Modified on 8/2/2007 (Hacker, L.). (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

77

ERRATA Sheet re: 76 MOTION for Reconsideration or, in the Alternative, to Re−File For Class Certification at the Close of Discovery filed by 3M Contracting, Incorporated, JAT, Incorporated, Samaritan Baptist Church, Good Fight of Faith Ministry, Body of Christ Christian Center, Pleasant Hill Baptist Church. by JAT, Incorporated, Good Fight of Faith Ministry, Samaritan Baptist Church, 3M Contracting, Incorporated, Pleasant Hill Baptist Church (Rose, David) (Entered: 07/24/2007)

July 24, 2007

July 24, 2007

78

MOTION to Strike the Declaration of Phillip Peake by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit A − Excerpts of Deposition of Phillip Peake) (Collins, Jeffrey) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

79

MOTION for Leave to File Response to Plaintiffs' Motion to Reconsider by all defendants. (Attachments: # 1 Exhibit A − Response Brief in Opposition to Plaintiffs' Motion to Reconsider# 2 Index of Exhibits) (Collins, Jeffrey) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

TEXT ONLY ORDER re 78 MOTION to Strike the Declaration of Phillip Peake Defendants shall file a Supplemental Brief to their Motion to Strike on the issue of whether Defendants complied with the Stipulated Protective Order 37 , particularly whether such allegedly confidential information was marked as "CONFIDENTIAL" prior to its delivery to Plaintiffs in accordance with the Stipulated Protective Order, in particular, Paragraph 4. Due by 8/1/2007. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

80

ORDER denying 76 Motion for Reconsideration ; denying as moot 79 Motion for Leave to File. Signed by Honorable Nancy G Edmunds. (CHem) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

81

SUPPLEMENTAL BRIEF re 78 MOTION to Strike the Declaration of Phillip Peake filed by all defendants. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 − Email Between Schiefelbein and Gassner# 3 Exhibit 2 − Defs.' Objections and Responses to 1st Request for Production) (Collins, Jeffrey) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

82

INDEX of Exhibits re 81 Supplemental Brief, by all defendants CORRECTED (Attachments: # 1 Exhibit 1 − Defendants' Objections and Responses to Requests for Production# 2 Exhibit 2 − Emails between Schiefelbein and Gassner) (Collins, Jeffrey) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

84

ORDER granting 78 Motion to Strike the Declaration of Phillip Peake. Signed by Honorable Nancy G Edmunds. (LHac) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

85

Sealed Matter − NC001609 through NC001611 (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

86

Sealed Matter − NC001343 through NC001372 (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

87

Sealed Matter − SBA Credit Services New Loan Underwriting 1/1/02−12/31/02. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

88

Sealed Matter − SBA Credit Services New Loan Underwriting 1/1/05−12/31/05. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

89

Sealed Matter − Enlargement of NC 001343 (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

90

Sealed Matter − Small Business Loans Booked Since 1/1/02 in the City Of Detroit. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

91

Sealed Matter − National City Small Business SBSS Scorecard Validation as of 12/31/06. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

92

Sealed Matter − SBA Credit Services New Loan Underwriting from 1/1/03 thru 12/31/03. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

93

Sealed Matter − SBA Credit Services New Loan Underwriting from 1/1/04 thru 12/31//04. (KWil) (Entered: 08/03/2007)

Aug. 2, 2007

Aug. 2, 2007

Case Details

State / Territory: Michigan

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 25, 2006

Closing Date: Dec. 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

More than 500 churches and other not-for-profit organizations that are predominantly African Americans owning real estate who were denied applications from Defendant Bank although worthy of credit.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

National City Bank of the Midwest, Private Entity/Person

National City Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

42 U.S.C. § 1982

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

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Funding

Discrimination-area:

Disparate Treatment

Lending

Discrimination-basis:

Race discrimination

Race:

Black