Case: Powell v. American General Financial, Inc.

3:02-cv-01605 | U.S. District Court for the Northern District of New York

Filed Date: Dec. 31, 2002

Closed Date: March 22, 2004

Clearinghouse coding complete

Case Summary

Plaintiff, an African-American woman, filed suit in the U.S. District Court for the Northern District of New York on December 31, 2002, against eight Defendant-lenders, alleging violations of the Seventh, Ninth, Tenth, Fourteenth, and Fifteenth Amendments; the Truth in Lending Act, 15 U.S.C. 1601; the Community Reinvestment Act, 12 U.S.C. 2901; the Equal Credit Opportunity Act, 15 U.S.C. 1691; and the Fair Housing Act, 42 U.S.C. 3603. Plaintiff alleged that Defendant-lenders had discriminated against African-Americans by denying them credit.

On March 22, 2004, U.S. District Court Judge Frederick J. Scullin, Jr. dismissed all of Plaintiff's claims, either on standing grounds or because the constitutional amendments cited by Plaintiff did not afford her a private cause of action. Powell v. Am. Gen. Fin., Inc., 310 F. Supp. 2d 481 (N.D.N.Y. 2004).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)
Attorney for Defendant

Barrer, Robert A. (New York)

Cherubin, David M. (New York)

Fjermedal, Glenn M. (New York)

Holbrook, Paul K. (New York)

McNamara, Thomas J. (New York)

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Documents in the Clearinghouse

Document

3:02-cv-01605

Docket (PACER)

Powell v. American General

Sept. 21, 2004

Sept. 21, 2004

Docket
1

3:02-cv-01605

Complaint

Powell v. American General Finance, Inc.

Dec. 31, 2002

Dec. 31, 2002

Complaint
13

3:02-cv-01605

Amended Complaint

Powell v. American General Finance, Inc.

Feb. 26, 2003

Feb. 26, 2003

Complaint
65

3:02-cv-01605

Memorandum-Decision and Order

Powell v. American General Finance, Inc.

March 22, 2004

March 22, 2004

Order/Opinion

310 F.Supp.2d 310

66

3:02-cv-01605

Civil Judgment

Powell v. American General Finance, Inc.

March 23, 2004

March 23, 2004

Order/Opinion

Docket

Last updated March 24, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand ; Service deadline 3/1/03 for NBT Bank, for M & T Bank Corp., for HSBC Bank, for Citifinancial Inc., for Charter One Bank, for BSB

Dec. 31, 2002

Dec. 31, 2002

SUMMONS(ES) issued for American General, Beneficial, BSB Bank & Trust Co., Charter One Bank, Citifinancial Inc., HSBC Bank, M & T Bank Corp., NBT Bank [Pro Se Pltf to serve] (pta) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

Civil Case Assignment Form issued (pta) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

PRO SE HANDBOOK issued and explained to Tonya R. Powell at time complaint was filed (pta) (Entered: 12/31/2002)

Dec. 31, 2002

Dec. 31, 2002

CASE reassigned to Judge Norman A. Mordue (pta) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

3

COURT NOTICE of case reassignment from Judge Thomas J. McAvoy to Norman A. Mordue in Syracuse NY for all pretrial purposes. (pta) (Entered: 01/07/2003)

Jan. 7, 2003

Jan. 7, 2003

Tele-conference held (kcl) (Entered: 01/15/2003)

Jan. 14, 2003

Jan. 14, 2003

4

NOTICE of attorney appearance for American General by Robert A. Barrer. (see) (Entered: 01/16/2003)

Jan. 15, 2003

Jan. 15, 2003

5

WAIVER OF SERVICE Returned Executed as to HSBC Bank 12/31/02 Answer due on 3/1/03 (amt) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

6

NOTICE of attorney appearance for Citifinancial Inc. by Thomas J. McNamara (amt) (Entered: 01/22/2003)

Jan. 21, 2003

Jan. 21, 2003

7

ORDER OF RECUSAL: Pursuant to 28 USC 455(a) of the FRCP, District Judge Mordue finds that it is necessary to disqualify hiself from this matter; The Clerk is to reassign this action from Judge Mordue to the next available Judge in the Case Assignment System ( signed by Judge Norman A. Mordue 1/23/02) Case Assigned to Chief Judge F. J. Scullin Jr. (kcl) Modified on 02/05/2003 (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

8

LETTER/NOTICE dated 1/23/03; Letter addressed to Parties in this action advising that pursuant to the [7-1] Order of Recusal of District Judge Mordue, the Clerk has reassigned this action to Chief Judge Scullin; MJ Sharpe remains the Magistrate Judge assigned to this case; Notice sent by KCL (kcl) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

9

WAIVER OF SERVICE Returned Executed as to BSB Bank & Trust Co. 12/31/02 Answer due on 3/1/03 (amt) (Entered: 01/24/2003)

Jan. 24, 2003

Jan. 24, 2003

10

WAIVER OF SERVICE Returned Executed as to NBT Bank 12/31/02 Answer due on 3/1/03 (amt) (Entered: 01/24/2003)

Jan. 24, 2003

Jan. 24, 2003

11

Order Directing Compliance as to Tonya R. Powell; Plaintiff shall file with the Court by 2/27/03 an amended Complaint that fully complies with rules 8 and 10 of the FRCP; If pltf. fails to file the amended complaint by 3/29/03 , the clerk shall enter Judgment dismissing the case without further order of the Court; If pltf. fails to allege any specific acts of misconduct as to any individuals in the amended complaint, the action will be dismissed as to those defendants; Upon filing of the Amended Complaint, the clerk shall forward the file to the Court for review; Pltf. is directed not to file any further motions until the Amended Complaint is submitted and approved by the Court; Pltfs. [2-1] IFP application is granted; Pltf. shall refrain from serving and deft. until she has submitted the ammended complaint and it is approved; pltf. must serve a copy of this order upon any party she has served process ( Signed by Chief Judge F. J. Scullin Jr. 1/28/03 ) (kcl) (Entered: 01/29/2003)

Jan. 28, 2003

Jan. 28, 2003

13

AMENDED COMPLAINT by Tonya R. Powell , , amends [1-1] complaint (pta) (Entered: 02/26/2003)

Feb. 26, 2003

Feb. 26, 2003

14

NOTICE of attorney appearance for M & T Bank Corp. by Christopher P. Schueller (fce) (Entered: 03/03/2003)

Feb. 28, 2003

Feb. 28, 2003

15

NOTICE of attorney appearance for HSBC Bank by Paul K. Holbrook, Scott D. Miller (fce) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

16

ORDER: the Clerk is directed to issue summones and forward them along with copies of the amended complaint to the USM for service upon the unserved defts, responses to be filed thereafter, parties advised of certificate of service requirement, and advise the court of any change of addresses, plaintiff's failure to do so will result in the dismissal of the action. (Signed by Chief Judge F. J. Scullin Jr.) (jmb) (Entered: 03/21/2003)

March 12, 2003

March 12, 2003

General Order 25 Filing Order Issued; Conference set before Magistrate Judge Gary L. Sharpe in Binghamton, Status Conference at 12:00 7/21/03 , Deadline for filing Case Management Plan, 7/11/03 , ADR Track Case. (dct) (Entered: 03/24/2003)

March 24, 2003

March 24, 2003

17

Scheduling Notice: pursuant to the 3/12/03 Court Order, plaintiff is advised that upon review of the file, no summones remain as they were previously issued upon the filing of this action on 12/31/02. the Court notes that several defendants in this action have executed Wavier of Service forms and have filed Attorney Appearances, blank summones forms are sent to plaintiff to be completed and returned for service upon the remaining defts', the completed summones will be issued and sent to the US Marshal's Office for process of service along with copies of the amended complaint and the recently issued General Order #25. (Signed by Deputy Clerk: Joanne Bleskoski) (jmb) (Entered: 03/27/2003)

March 25, 2003

March 25, 2003

SUMMONS(ES) issued for American General, Beneficial, BSB Bank & Trust Co., Charter One Bank, Citifinancial Inc., HSBC Bank, M & T Bank Corp., NBT Bank and mailed to US Marshall along with copy of Complaint and USM forms as in accordance with this Court Order (pta) (Entered: 03/31/2003)

March 26, 2003

March 26, 2003

SUMMONS(ES) re-issued for American General, Beneficial, BSB Bank & Trust Co., Charter One Bank, Citifinancial Inc., Bank, M & T Bank Corp., NBT Bank, and sent to the USM for service of process, along with the USM 285 forms and copies of the amended complaint and General Order #25 packet. (jmb) (Entered: 03/27/2003)

March 27, 2003

March 27, 2003

18

NOTICE/LETTER BRIEF: dated 4/2/03 by the US Marshals Service, advising the plaintiff, Regarding service upon Beneficial, that they cannot serve an entire entity, as they cannot serve a structure, they require the name of an individual, upon receipt of the completed documents, the USMS will re-attempt service. (jmb) (Entered: 04/07/2003)

April 4, 2003

April 4, 2003

19

WAIVER OF SERVICE Returned Executed as to M & T Bank Corp. through Chris Schueiler, Esq., mailed on 4/2/03, received on 4/4/03, Answer due on 6/1/03 for M & T Bank Corp. (jmb) (Entered: 04/22/2003)

April 16, 2003

April 16, 2003

20

WAIVER OF SERVICE Returned Executed as to Citifinancial Inc. through Thomas J. McNamara, Esq., mailed on 4/2/03, received on 4/7/03, Answer due on 6/1/03 for Citifinancial Inc. (jmb) (Entered: 04/22/2003)

April 16, 2003

April 16, 2003

22

WAIVER OF SERVICE Returned Executed as to American General through Robert A. Barrer, Esq., mailed on 4/2/03, accepted on 4/16/03, Answer due on 6/1/03 for American General (jmb) (Entered: 04/28/2003)

April 23, 2003

April 23, 2003

23

WAIVER OF SERVICE Returned Executed as to Charter One Bank through Andrew Romanow, Esq., mailed on 4/2/03, accepted on 4/14/03, Answer due on 6/1/03 for Charter One Bank (jmb) (Entered: 04/28/2003)

April 23, 2003

April 23, 2003

24

MOTION by Charter One Bank by Charter One Bank for More Definite Statement , Hearing re-scheduled by the Clerk for 10:00 a.m. on 6/13/03 in Syracuse NY, Response Deadline 5/30/03 , Reply to Response Deadline 6/6/03 Motion returnable before Judge: Frederick J. Scullin, Jr. [incorrectly noticed for 5-09-03]; Affidavit of Andrew J. Romanow; Exhibit A (pta) (Entered: 04/29/2003)

April 25, 2003

April 25, 2003

25

CLERK'S NOTICE of placing Deft Charter One Bank's Motion for More Definate Statement [24-1] on the Hon. Frederick J. Scullin's Motion term of June 13, 2003 at 10:00 a.m. in Syracuse NY (pta) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

26

NOTICE of Change of Attorneys by Citifinancial Inc. (amt) (Entered: 05/01/2003)

April 30, 2003

April 30, 2003

31

RESPONSE TO MOTION: by Tonya R. Powell in opposition to [24-1] Motion by Charter One Bank for More Definite Statement, and requesting that the motion be denied, w/attached certificate of service. (jmb) (Entered: 05/08/2003)

May 1, 2003

May 1, 2003

32

RESPONSE AFFIDAVIT: by Tonya R. Powell in opposition to [24-1] Motion by Charter One Bank for More Definite Statement (jmb) (Entered: 05/08/2003)

May 1, 2003

May 1, 2003

33

STIPULATION & ORDER: resetting Answer deadline to 5/16/03 for BSB Bank & Trust Co., and NBT Bank (Signed by Magistrate Judge Gary L. Sharpe) (jmb) (Entered: 05/08/2003)

May 1, 2003

May 1, 2003

27

EXEMPT LETTER of Jennifer C. Driver, Esq. dd 5-05-03 on behalf of Citifinancial Inc. pursuant to Local Rule 7.1(b) regarding their Motion: to Dismiss. Date Served upon counsel: 5/5/03 (pta) (Entered: 05/06/2003)

May 6, 2003

May 6, 2003

28

MOTION by Deft Citifinancial to Dismiss , Hearing set for 10:00am on 6/13/03 in Syracuse, Response Deadline 5/30/03 , Reply to Response Deadline 6/6/03 Motion returnable before Judge Frederick J. Scullin (amt) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

29

MEMORANDUM by Citifinancial Inc. in support of [28-1] motion by Deft Citifinancial to Dismiss (amt) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

30

AFFIDAVIT by David Cherubin on behalf of Deft Citifinancial Inc. in support of [28-1] motion by Deft Citifinancial to Dismiss (amt) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

34

MOTION by American General to Dismiss plaintiff's Amended Complaint , Hearing set for 10:00 6/13/03 , Response Deadline 5/30/03 Motion returnable before Judge/Mag. Judge: Scullin (jt) (Entered: 05/15/2003)

May 9, 2003

May 9, 2003

35

AFFIDAVIT of R. Barrer; by American General Re: [34-1] motion to Dismiss plaintiff's Amended Complaint (jt) (Entered: 05/15/2003)

May 9, 2003

May 9, 2003

37

CERTIFICATE OF SERVICE by American General [papers served: Notice of Motion, Affidavit, Memo of Law] (jt) (Entered: 05/15/2003)

May 9, 2003

May 9, 2003

38

MOTION with attached Certificate of Service and Affirmation in Support (with exhibits A-C) by M & T Bank Corp. to Dismiss , Hearing set for 10:00 6/13/03 , Response Deadline 5/30/03 Motion returnable before Judge/Mag. Judge: Scullin (jt) (Entered: 05/15/2003)

May 13, 2003

May 13, 2003

39

MEMORANDUM by M & T Bank Corp. in support of [38-1] motion to Dismiss (jt) (Entered: 05/15/2003)

May 13, 2003

May 13, 2003

46

USM-285 SUMMONS Returned Executed as to HSBC Bank by service via regular mail; service acknowledged by G. Cownie and P. Holbrook, counsel for HSBC on 4/28/03 : Answer due on 5/18/03 for HSBC Bank (jt) (Entered: 05/22/2003)

May 15, 2003

May 15, 2003

40

MOTION by Defts BSB and NBT to Dismiss , Hearing set for 10:00am on 6/13/03 in Syracuse, Response Deadline 5/30/03 , Reply to Response Deadline 6/6/03 Motion returnable before Judge Scullin (amt) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

41

MEMORANDUM by BSB Bank & Trust Co., NBT Bank in support of [40-1] motion by Defts BSB and NBT to Dismiss (amt) (Entered: 05/16/2003)

May 16, 2003

May 16, 2003

42

MOTION by HSBC Bank by HSBC Bank to Dismiss pur. Rule 12(b)(6) , Hearing set for 10:00 a.m. on 6/13/03 , Response Deadline 5/30/03 Motion returnable before Judge: Scullin [accepted by Chambers] (pta) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

43

MEMORANDUM by HSBC Bank in support of [42-1] motion by HSBC Bank to Dismiss pur. Rule 12(b)(6) (pta) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

44

AFFIDAVIT of Paul K. Holbrook, Esq. by HSBC Bank USA in support of Re: [42-1] motion by HSBC Bank to Dismiss pur. Rule 12(b)(6) (pta) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

45

Scheduling Notice: to Pro Se Plaintiff and Counsel, advising that all the pending motions have been taken on submit, no oral argument will be held, Re: [24-1] motion by Charter One Bank for More Definite Statement, [28-1] motion by Deft Citifinancial to Dismiss, [34-1] motion to Dismiss plaintiff's Amended Complaint, [38-1] motion to Dismiss, [40-1] motion by Defts BSB and NBT to Dismiss, [42-1] motion by HSBC Bank to Dismiss pur. Rule 12(b)(6) (Signed by Senior Law Associate: Deborah E. Moore) {VAB} (jmb) (Entered: 05/20/2003)

May 19, 2003

May 19, 2003

47

REPLY by Charter One Bank to response to [24-1] motion by Charter One Bank for More Definite Statement and stating they join in the other Defts' motions (amt) (Entered: 05/27/2003)

May 27, 2003

May 27, 2003

48

NOTICE/LETTER MOTION by Beneficial for a Scheduling Notice Re: Motions to Dismiss (jt) (Entered: 06/24/2003)

June 20, 2003

June 20, 2003

49

ORDER [48-1] notice under advisement, set Motion Filing deadline to 7/11/03 ; Resp to motion ddl: 7/25/03; Reply to Resp ddl: 8/1/03. Counsel for deft Beneficial ntc of apr ddl: 6/27/03 -MOTION TAKEN ON SUBMIT; ALL PENDING MOTIONS WILL BE CONSIDERED TOGETHER UPON RECEIPT OF ALL THE PARTIES' SUBMISSIONS- ( signed by Chief Judge F. J. Scullin Jr. ) (jt) (Entered: 06/24/2003)

June 23, 2003

June 23, 2003

51

Scheduling Notice adjourning the 7/21/03 Rule 16 conference with Mag. Judge Sharpe without date pending a decision by FJS on the pending motions. Parties are directed to contact GLS's chambers for conference, if necessary after the decision is rendered. (jlm) (Entered: 06/30/2003)

June 27, 2003

June 27, 2003

50

NOTICE of attorney appearance for Household Finance Realty Corporation of New York sued as Beneficial by Paul K. Stecker (pta) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

52

WAIVER OF SERVICE Returned Executed as to Beneficial [mailed by USM on 4/18/03; accepted/signed by atty P. Stecker on 6/19/03] Answer due on 6/17/03 for Beneficial (jt) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

53

SUMMONS Returned Executed as to Beneficial on 6/19/03 [served via regular mail 4/18/03; USM 299 received 6/23/03]: Answer due on 7/9/03 for Beneficial (jt) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

54

MOTION by Household Finance Realty Corporation of New York, sued as " Beneficial " by Beneficial to Dismiss Amended Complaint , Hearing set for <date not set> , Response Deadline <date not set> Motion returnable before Judge: Scullin (pta) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

55

MEMORANDUM by Beneficial in support of [54-1] motion by Beneficial to Dismiss Amended Complaint (pta) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

56

NOTICE/LETTER REQUEST: dated 6/30/03 by Robert A. Barrer, Esq., on behalf of American General, to Magistrate Judge Sharpe, requesting that the Rule 16 conference set for July 21, 2003 be adjourned without date until a decision is rendered on the pending motions to dismiss in this action. (jmb) (Entered: 07/15/2003)

July 11, 2003

July 11, 2003

57

CERTIFICATE OF SERVICE by Tonya R. Powell - confirmation of mailing of the complaint and memo of law to the atty's Phillip, Lytle Law Firm representing deft Beneficial (jt) (Entered: 07/21/2003)

July 21, 2003

July 21, 2003

58

USM-285/Summons returned unexecuted as to NBT Bank, BSB Bank & Trust Co. : service via regular mail 4/2/03; USM 299 received U-E (attached is copy of USMS notice to Pro-Se Pltf regarding the failure to serve Summons and Complaint) (jt) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

59

Bill of costs by the USMS in the amount of $64.00 (jt) (Entered: 09/02/2003)

Sept. 2, 2003

Sept. 2, 2003

Pltf Powell telephoned re: [58-1] USM-285/summons returned unexecuted as to NBT Bank and BSB Bank; pltf states that she served Tom Shepard on behalf of both deft banks herself and will provide Affidavit of Service (jt) (Entered: 09/15/2003)

Sept. 15, 2003

Sept. 15, 2003

60

CERTIFICATE OF SERVICE by Tonya R. Powell -- states Second Sending that pltf did personally serve to Paul Sheppard cnsl employed by Hinman, Howard, Kattell Notice of Motion, Memo of Law, Cases and Articles ('in hand') on 6/2/03 (jt) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

61

REQUEST and ORDER: Denies pltf's request to add exhibits (signed by Chief Judge F. J. Scullin Jr. on 11/3/03) (jt) (Entered: 11/10/2003)

Nov. 4, 2003

Nov. 4, 2003

62

NOTICE of attorney appearance for Charter One Bank by Glenn M. Fjermedal (amt) (Entered: 11/13/2003)

Nov. 13, 2003

Nov. 13, 2003

64

DOCUMENT REJECTION ORDER as to Tonya R. Powell returning letter to the court dated 12/08/03; PAPERS CANNOT BE FILED W/O SOME INDICATION THAT THEY HAVE BEEN SERVED ON OPPONENTS OR THEIR ATTYS and RELIEF REQUESTED FROM THE COURT MUST BE IN THE FORM OF A MOTION THAT COMPLIES WITH L.R. 7.1. Signed by Judge Gary L. Sharpe on

Dec. 12, 2003

Dec. 12, 2003

65

MEMORANDUM, DECISION AND ORDER denying as moot the 24 Motion for More Definite Statement, granting 28 Motion to Dismiss, granting 42 Motion to Dismiss, granting 34 Motion to Dismiss, granting 38 Motion to Dismiss, granting 40 Motion to Dismiss, granting 54 Motion to Dismiss; Clerk is directed to enter one judgment in favor of defendants and close the case . Signed by Judge Frederick J. Scullin Jr. on 3/22/04. (kcl, ) (Entered: 03/23/2004)

March 22, 2004

March 22, 2004

66

JUDGMENT in favor of Defendants against Plaintiff (kcl, ) (Entered: 03/23/2004)

March 23, 2004

March 23, 2004

67

Mail Returned as Undeliverable. re 65 Order on Motion for More Definite Statement,, Order on Motion to Dismiss, 66 Judgment Sent to Tonya Powell Address sent to 60 Court Street, Binghamton, NY 13901 (mnm) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

The Court on today's date (3/29/04) has re-served documents # 65 Memorandum-Decision & Order and # 66 Judgment upon Tanya Powell at the address of P.O. Box 965, Johnson City, New York 13790. Additionally plaintiff is directed to formally update her address information with the Court. (jmb) (Entered: 03/29/2004)

March 29, 2004

March 29, 2004

68

BILL OF COSTS by BSB Bank & Trust Company, NBT Bank. (Attachments: # 1 Certificate of Service)(Sheppard, Paul) (Entered: 04/01/2004)

April 1, 2004

April 1, 2004

69

MOTION for Attorney Fees Motion Hearing set for 5/14/2004 10:00 AM in Syracuse before Chief Judge Frederick J. Scullin Jr.. Response to Motion due by 4/27/2004 Reply to Response to Motion due by 5/3/2004. by BSB Bank & Trust Company, NBT Bank. (Attachments: # 1 Affidavit of Paul T. Sheppard# 2 Exhibit A and B# 3 Exhibit C and D# 4 Exhibit E through H# 5 Memorandum of Law in Support of Application for Attorneys' Fees# 6 Certificate of Service)(Sheppard, Paul) (Entered: 04/06/2004)

April 6, 2004

April 6, 2004

70

RESPONSE in Opposition re 69 MOTION for Attorney Fees filed by Tonya R. Powell. (Attachments: # 1 Affidavit # 2Memo Support # 3 Affidavit of Service(mnm) (Entered: 04/19/2004)

April 13, 2004

April 13, 2004

71

BILL OF COSTS by BSB Bank & Trust Company, NBT Bank against Tonya R. Powell entered and taxed in the amount of $98.00 to be included in the judgment on 4/26/2004 by Deputy Clerk Barbara J. Woodford. (bjw, ) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

Motions Taken Under Advisement: 69 MOTION for Attorney Fees (jmb) (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

72

SCHEDULING NOTICE: advising Ms. Powell and counsel of record that the 69 MOTION for Attorney Fees will be taken on submit, no oral argument will be held. (Issued by Senior Law Associate: Deborah E. Moore) (jmb) (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

73

ORDER Clarifying Motions: re 69 MOTION for Attorney Fees filed by BSB Bank & Trust Company, NBT Bank, 70 Motion filed by Tonya R. Powell. The Court construes plaintiff's notice of motion as a response to defendant's motion for attorneys' fees and not a separate motion for reconsideration. Therefore, the motion for attorneys' fees is the only motion pending before the Court.. Signed by Judge Frederick J. Scullin Jr. on 4/28/2004. (bjw, ) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

75

MEMORANDUM OF LAW re 69 Motion for Attorney Fees, Reply Memorandum filed by BSB Bank & Trust Company, NBT Bank. (Sheppard, Paul) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

76

CERTIFICATE OF SERVICE by BSB Bank & Trust Company, NBT Bank re 74 Affidavit in Support of Motion, 75 Memorandum of Law (Sheppard, Paul) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

77

NOTICE OF CHANGE OF ADDRESS: by Tonya R. Powell, Effective Date 5/6/04, Old Address: P.O. Box 965, Johnson City, NY 13790, New Address: P.O. Box 314, Johnson City, NY 13790 (jmb) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

78

MOTION for Reconsideration filed by Tonya R. Powell, and response in opposition to 69 MOTION for Attorney Fees. (Attachments: # 1 Affidavit of Tonya R. Powell - Re: Reconsideration # 2 Rebuttal # 3 Memorandum of Law Argument# 4 Appendix Response to request for Attorneys Fees# 5 Affidavit of Tonya R. Powell - Re: Attorney's Fees){Return date selected is 5/14/04, however this will not allow for proper amount of time to respond, therefore a scheduling notice will be sent out to reschedule the motion return date.}(jmb) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

79

SCHEDULING NOTICE: resetting Hearing on Motion, Re: 78 MOTION for Reconsideration : Motion returnable on 6/25/04 on submission, no oral argument to be held. Response to Motion deadline set for 6/8/2004. (Issued by Deputy Clerk: Joanne Bleskoski) (jmb) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

80

AFFIDAVIT in Opposition re 78 MOTION for Reconsideration re 69 MOTION for Attorney Fees filed by American General Finance, Inc.. (Attachments: # 1 Memorandum of Law in Opposition to Plaintiff's Motion for Reconsideration# 2 Certificate of Service)(Cook, John) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

81

RESPONSE in Opposition re 78 MOTION for Reconsideration re 69 MOTION for Attorney Fees filed by BSB Bank & Trust Company, NBT Bank. (Attachments: # 1 Memorandum of Law # 2 Certificate of Service)(Sheppard, Paul) (Entered: 05/13/2004)

May 13, 2004

May 13, 2004

82

AFFIDAVIT of Paul K. Holbrook, Esq. in Opposition re 78 Plaintiff's MOTION for Reconsideration filed by HSBC Bank. (pta, ) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

CLERK, P. Aton mailed the Notice to parties to file documents electronically through this court's CM/ECF System to the attorney's not receiving NEF (pta, ) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

83

AFFIDAVIT in Opposition re 78 MOTION for Reconsideration re 69 MOTION for Attorney Fees filed by Citifinancial Inc.. (Attachments: # 1 Affidavit Certificate of Service)(Cherubin, David) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

84

AFFIDAVIT in Opposition re 78 MOTION for Reconsideration re 69 MOTION for Attorney Fees filed by M & T Bank Corporation. (Staehr, Jonathan) (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

85

AFFIDAVIT filed by Andrew J. Romanow, Esq., on behalf of M & T Bank Corporation in Opposition to 78 MOTION for Reconsideration (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A- Part 2# 3 Exhibit B)(jmb) (Entered: 06/15/2004)

June 9, 2004

June 9, 2004

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 2002

Closing Date: March 22, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an African-American woman who alleges that the banks discriminated against her based on her gender and race by declining to extend her business credit, personal credit, or a home mortgage loan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NBT Bank, Private Entity/Person

American General Finance, Inc., Private Entity/Person

Beneficial, Private Entity/Person

BSB Bank & Trust Company, Private Entity/Person

Charter One Bank, FSB, Private Entity/Person

Citifinancial Inc., Private Entity/Person

HSBC Bank, Private Entity/Person

M & T Bank Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Community Reinvestment Act, 12 U.S.C. § 2901

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Funding

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black

Affected Sex or Gender:

Female