Case: 3:06-cv-00061-MPM-JAD Doc #: 23 Filed: 11/03/06 1 of 1 PageID #: 100

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA

PLAINTIFF

vs.

No. 3:06CV61-D-D

FIRST NATIONAL BANK OF PONTOTOC; et al.

DEFENDANTS

ORDER DENYING MOTION TO DISMISS

Presently before the court is the Defendants’ motion to dismiss the Plaintiff’s complaint

pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Upon due consideration, the court

finds that the motion should be denied.

Excluding all outside matters and considering only the pleadings in this action, and taking

the facts alleged in the complaint as true, the court finds that the Defendants have failed to show that

“it appears certain that the plaintiff cannot prove any set of facts that would entitle [it] to the relief

[it] seeks.” See C.C. Port, Ltd. v. Davis-Penn Mortgage Co., 61 F.3d 288, 289 (5th Cir. 1995). The

Defendants’ motion to dismiss pursuant to Rule 12(b)(6) shall therefore be denied.

THEREFORE, it is hereby ORDERED that the Defendants’ motion to dismiss (docket entries

13 and 16) is DENIED.

SO ORDERED, this the 2nd day of November 2006.

/s/ Glen H. Davidson Chief Judge

 
 Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 1 of 7 PageID #: 249

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DMSION •

UNITED STATES OF AMERICA, .

)

)

Plaintiff,

)

)

v.

)

)

FIRST NATIONAL BANK OF PONTOTOC

)

and WILLIAM W. ANDERSON, JR.,

)

)

_

_

_

_

_ _ _ _ Defendants.

_

_

_

_

_

_ ) )

NO. 3:06CV061-M-D JURY TRIAL DEMANDED

AMENDED COM:PLAINT
The United States ofAmerica alleges: l. This action is brought by the United States to enforce the provisions the Fair Housing Act, 42 U.S.C.§§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f ("ECOA"). · 2. This Court has jurisdiction of this action pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1345,42 U.S.C. § 36l4(a), and 15 U.S.C. § 1691e(h). Venue is appropriate pursuant to 28 U.S.C. § 1391. 3. Defendant First National Bank of Pontotoc ("First National" or "Bank") is a federally chartered full service bank headquartered in Pontotoc, Mississippi, that conducts business primarily in the State of Mississippi. The Bank is a subsidiary of Pontotoc BancShares Corporation, a bank holding company incorporated in 1996 under the laws ofthe State of . Mississippi.

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 2 of 7 PageID #: 250
4. First National offers the traditional services of a financial depository and lending institution, including the receipt of monetary deposits; the extension of credit for and financing of residential housing, commercial, and consumer loans; and the making of other types of credit transactions. First National had total assets of approximately $210 million and deposits of approximately $179 million as ofDecember 31,2005. The Bank is subject to the federal regulatory authority of the Office of the Comptroller ofthe Currency ("OCC").
5. First National engages in residential real estate-related transactions within the mea11ing of the Fair Housing Act, 42 U.S.C. § 3605.
6. First National is a creditor as defined by ECOA, 15 U.S.C. § 1691a(e), and Federal Reserve Board regulation B, 12 C.P.R. § 202.2(1) (''Reg. B").
7. Defendant William W. Anderson, Jr., is a resident of Pontotoc, Mississippi. Anderson was employed by First National from January 1989 through May 2004. Anderson was employed by First National as a vice president and branch manager from February 1993 ·through May 2004. In the ordinary course of his responsibilities as a vice president and branch manager of the Bank, Anderson regularly participated in credit decisions. His job responsibilities included, but were not limited to: (a) approving or denying, or recommending the approval or denial of, loan applications; (b) approving or denying loan extension requests; (c) setting terms and conditions for loans, including interest rate terms, repayment terms, and repayment periods; (d) approving or denying account overdrafts or returned checks and the waiving of overdraft charges; (e) reviewing loans and accounts with outstanding unpaid balances; (f) seeking payment of past due accounts; and (g) engaging in loan collection proceedings.
-2-

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 3 of 7 PageID #: 251
8. William W. Anderson, Jr., is an individual who, as a vice president and branch manager ofFirst National, engaged in residential real estate-related transactions within the meaning ofthe Fair Housing Act, 42 U.S.C. § 3605.
9. William W. Anderson, Jr., is a creditor as defmed by ECOA, 15 U.S. C. § 1691a(e), and Federal Reserve Board regulation B, 12 C.P.R. § 202.2(1) ("Reg. B").
10. Section 805 of the Fair Housing Act, 42 U.S.C. § 3605, prohibits any person·or other entity whose business includes engaging in residential real estate-related transactions from dl.scriminating against persons on the basis of, inter alia, sex in the terms or conditions of such transactions.
11. As creditors, both the Bank and William W. Anderson, Jr., are subject to federal law.s governing fair lending, including ECOA and the regulations promulgated thereunder. ECOA prohibits creditors from disc~minating on the basis of, inter alia, sex with respect to any aspect of a credit transaction. 15 U.S.C. § 1691(a).
12. Between at least February 1993 and May 2004, William W. Anderson, Jr., in the course of carrying out his responsibilities as a vice president and branch manager of First National, discriminated against female applicants for credit, female borrowers, and/or female account holders at the Bank by subjecting them to severe, pervasive, and unwelcome sexual harassment in connection with residential real estate-related transactions and/or other credit transactions. Anderson's conduct included, but was not limited to: offensive and unwanted verbal sexual statements; offensive and unwanted sexual touching; offensive and unwanted · solicitations for sex; and offensive and unwanted requests or demands for sexual favors in return for favorable action on his part with respect to residential real estate-related and/or other credit
-3-

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 4 of 7 PageID #: 252
transactions. Those female applicants, borrowers, and account holders are all "persons" within the meaning of the Fair Housing Act,42 U.S.C. § 3602(d), and "applicants" within the meaning ofECOA, 15 U.S.C. § 1691a(b), and Reg. B, 12 C.P.R. § 202.2(e).
13. First National is liable for the above-described discriminatory conduct of its managerial employee William W. Anderson, Jr.
14. The conduct of the defendants described above constitutes: a. Discrimination on the basis of sex in the terms or conditions of residential
real estate-related transactions, in violation of the Fair Housing Act, 42 U.S.C. § 3605; and b. :piscrimination on the basis of sex against applicants with respect to credit
transactions, in violation ofECOA, 15 U.S.C: § 1691(a). 15. The conduct of the defendants described above constitutes: a. A pattern or practice of resistance to the full enj oymen~ of rights secured
by the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.; b. A pattern or practice of discrimination in violation of rights protected by
ECOA, 15 U.S.C. §§ 1691 et seq.; and c. A denial to a group ofpersons of rights granted by.the Fair Housing Act,
42 U.S.C. §§ 3601 et seq., that raises an issue of general public importance: 16. Persons who have been victims of the defendants' discriminatory conduct are
aggrieved persons as defmed in the Fair. Housing Act, 42 U.S.C. § 3602(i), and/or aggrieved applicants within the meaning ofECOA, and have suffered damages as a result ofthe defendants' conduct in violation of both the Fair Housing Act and ECOA, as described herein.
-4-

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 5 of 7 PageID #: 253
17. The defendants' conduct described above was intentional, willful, and taken in reckless disregard for the rights of others.
WHEREFORE, the United States prays that the Court enter an ORDER that: 1. Declares that the defendants' discriminatory conduct constitutes a violation of the Fair Housing Act, 42 U.S.C.§§ 3601-3619, and the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f; 2. Enjoins the defendants, their agents, empl~yees, and successors, and all other persons in active concert or participation with them, from:
a. Discriminating on the basis of sex against any person with respect to any aspect of a residential real estate-related transaction or other credit transaction; and
b. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the defendants' unlawful conduct to the position they would have been in but for the discriminatory coriduct;
3. Awards such damages as would fully compensate each identifiable victim of defendants' discriminatory conduct for injuries caused by the defendants, pursuant to 42 U.S.C. § 3614(d)(l)(B) and 15 U.S.C. § 1691e(h);
4. Assesses a civil penalty against the defendants in order to vindicate the public . interest, pursuant to 42 U.S.C. § 3614(d)(1)(C); and
5. Provides the United States with such additional and further relief as the interests ofjustice may require.
-5-

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 6 of 7 PageID #: 254
The United States demands a trial by jury of this action. ALBERTO R. GONZALES Attorney General
Assistant Attorney General
:;:;~
STEVEN H. ROSENBAUM Chief, Housing and Civil Enforcement Section
DONNA M. MURPHY Deputy Chief, Housing and Civil Enforcement Section (D.C. Bar# 438
URTis:/ . DOUGHERTY, Lead Counsel (D.C. Bar# 225003) TANYA ILONA KIRWAN, Attorney (Md. Bar) U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement SectionNWB 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 burtis.m.dougherty@usdoi. gov tanya.kirwan@usdoj .gov (Tel): 202/514-4737 (Fax): 202/514-1116

Case: 3:06-cv-00061-MPM-JAD Doc #: 67 Filed: 07/11/07 7 of 7 PageID #: 255

CERTIFICATE OF SERVICE

I, Tanya Ilona Kirwan, hereby certify that on this 11th of July 2007, I electronically filed the foregoing Amended C-omplaint with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following CM/ECF participants:

Grady F. Tollison, Jr. Tollison Law Firm, P.A. Post Office Box 1216 Oxford, MS 38655-1216 Email: grady@tollisonlaw.com
Cameron Morgan Abel Tollison Law Firm, P.A. Post Office Box 1216 Oxford, MS 38655-1216 Email: cameron@tollisonlaw.com
W. Davis Frye Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Post Office Box 14167 Jackson, MS 39236 E-mail: dfyre@bakerdonelson.com
Robert E. Hauberg, Jr. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Post Office Box 14167 Jackson, MS 39236 E-mail: rhauberg@bakerdonelson.com

Is/ Tanya Ilona Kirwan STEVEN H. ROSENBAUM Chief DONNA M. MURPHY Deputy Chief (DC Bar #438436) BURTIS M. DOUGHERTY Lead Counsel (DC Bar #225003) TANYA ILONA KIRWAN Attorney (Md. Bar) U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section (NWB) 950 Pennsylvania Avenue, N_.W. Washington, D.C. 20530 Burtis.m.dougherty@usdoj.gov Tanya.kirwan@usdoj. gov (Tel): 202/305-4973 (Fax): 202/514-1116

 
 Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 1 of 23 PageID #: 313

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

NO. 3:06cv061-M-D

)

FIRST NATIONAL BANK OF PONTOTOC

)

and WILLIAM W. ANDERSON, JR.,

)

)

Defendants.

)

)

CONSENT DECREE

1. This action was brought by the United States to enforce the provisions the Fair Housing

Act (hereinafter “Fair Housing Act” or “FHA”), 42 U.S.C. §§ 3601-3619, and the Equal

Credit Opportunity Act (hereinafter “ECOA”), 15 U.S.C. §§ 1691-1691f.

2. In its Amended Complaint, the United States alleges that Defendants First National Bank

of Pontotoc (hereinafter “First National” or “Bank”) and William W. Anderson, Jr.,

(hereinafter “Anderson”) a former vice president, loan officer, and branch manager of

First National, violated the FHA and ECOA through Anderson’s pattern or practice of

sexually harassing female Bank customers in connection with certain credit transactions,

including residential real estate-related loans. The United States also alleged that the

Defendants’ actions constituted a denial of rights granted by the FHA to a group of

persons, which denial raises an issue of general public importance.

3. Specifically, the United States alleges that between at least February 1993 and May 2004,

Anderson’s conduct included, but was not limited to: offensive and unwanted verbal

sexual statements; offensive and unwanted sexual touching; offensive and unwanted

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 2 of 23 PageID #: 314
solicitations for sex; and offensive and unwanted requests or demands for sexual favors in return for favorable action on his part with respect to residential real estate-related loans and/or other credit transactions, all in violation of 42 U.S.C. § 3605 and 15 U.S.C. § 1691(a). 4. The United States’ Amended Complaint further alleges that First National is liable for the above-described discriminatory conduct of its then-managerial employee Anderson. 5. First National and Anderson deny that they have violated either the FHA or ECOA. The execution of this Consent Decree is not, and is not to be considered as, an admission or finding of any violation of the FHA or ECOA. Rather, the parties have entered into this agreed Decree to resolve voluntarily the claims asserted by the United States in order to avoid the risks and burdens of litigation. Therefore, the parties consent to the entry of this Consent Decree.
I. SCOPE OF CONSENT DECREE 6. The provisions of this Consent Decree shall apply to Defendants First National and
Anderson, their employees, agents, assigns, successors-in-interest, and all persons in active concert or participation with them.
II. INJUNCTION 7. It is hereby ORDERED, ADJUDGED AND DECREED that Defendants First National
and Anderson, their agents, employees, assigns, successors-in-interest, and all persons in active concert or participation with them, are hereby enjoined from: a. Discriminating against any applicant for credit with respect to any aspect of a
credit transaction on the basis of sex;
- 2 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 3 of 23 PageID #: 315
b. Discriminating against any person in making available a residential real-estate related-transaction because of sex; or
c. Discriminating in the terms or conditions of a residential real estate-related transaction because of sex.
8. Anderson has represented that, since his departure from First National in May of 2004, he has not acted as a creditor, as that term is defined by ECOA, 15 U.S.C. § 1691a(e). Anderson has further represented that, since his departure from First National in May of 2004, he has not acted as a person whose business includes engaging in residential real estate-related transactions, as defined by the FHA, 42 U.S.C. § 3605, nor has he been employed by an entity engaging in such transactions. In the event that at any time during the term of this Decree Anderson decides to resume acting as, or being employed by, a creditor or a business that engages in residential real estate-related transactions, he shall notify counsel for the United States in writing.1 Before actively engaging in such business activity, Anderson shall attend training on federal fair lending laws, including ECOA and the FHA, with specific attention to the issues of sex discrimination and sexual harassment. The training shall be conducted by a qualified third party, approved by the United States and unconnected to First National, Anderson, his new employer, and/or their employees, agents, or counsel. Anderson shall bear any expenses associated with this training. The person or entity that conducts this training shall certify in writing to
1 Any documents or written material required by this Decree to be sent to counsel for the United States shall be sent by commercial (non-USPS) overnight delivery service addressed as follows: Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, 1800 G Street, N.W., Suite 7002, Washington, D.C. 20006, Attn: DJ # 188-40-5.
- 3 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 4 of 23 PageID #: 316
counsel for the United States that Anderson successfully completed this training. Only after the United States has received this written certification may Anderson begin to engage in such business activity.
III. NON-DISCRIMINATION AND COMPLAINT POLICIES 9. Within ten (10) days of the entry of this Consent Decree and throughout its term, First
National shall post and prominently display within the headquarters and branch offices of the Bank a notice of non-discrimination no smaller than eleven (11) inches by fourteen (14) inches in the form set forth in Appendix B. 10. Throughout the term of this Decree, First National shall ensure that any new advertising for the Bank in newspapers, telephone directories, radio, television, the internet, or other media, and any signs, pamphlets, brochures, or other promotional literature includes the phrase “equal opportunity lender” or the following language:
We do business in accordance with federal fair lending laws. We do not discriminate on the basis of sex, race, color, religion, national origin, or any other protected class. The above phrase or language shall be prominently placed and easily legible. This provision shall not be retroactive in nature. It shall not apply to any advertising for the Bank in newspapers, telephone directories, radio, television, the internet, or other media prepared prior to the entry of this Decree. This provision shall also not apply to any signs, pamphlets, brochures, or other promotional literature prepared by or for the Bank prior to the entry of this Decree. 11. Within one hundred twenty (120) days of the entry of this Decree, First National shall provide via hand delivery or via first class mail, postage pre-paid, to every individual who
- 4 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 5 of 23 PageID #: 317
has a deposit account with, a current loan from, or other form of credit with, the Bank, a notice with language identical to that found in Appendix B. This notice may be included in mailings the Bank periodically sends to each such group of individuals. Within five (5) days after each such mailing, Defendant First National shall certify in writing to Counsel for the United States that it has complied with this provision of the Consent Decree for that specific group. For the term of this Consent Decree, Defendant First National shall also provide this notice to all applicants for new deposit accounts or credit at the time of application. 12. First National shall adopt a written sexual harassment policy that includes a prohibition against the sexual harassment of customers, borrowers, and applicants for credit with the Bank. The Bank shall also establish a complaint procedure for sexual harassment complaints and publicize the means by which individuals can file a complaint with First National about statements or actions of Bank employees and agents that relate to the rights to obtain credit free of sexual harassment protected by ECOA and the FHA. Within thirty (30) days of the entry of this Decree, First National shall submit its proposed sexual harassment policy and complaint procedure to the United States for approval. The United States shall respond to the Bank’s proposal within thirty (30) days of its receipt. If the United States objects to any part of the Bank’s proposal, the parties shall have thirty (30) days to resolve their disagreement. If they are unable to do so, the parties shall submit the dispute to the Court for resolution. The Bank shall implement the sexual harassment policy and complaint procedure within ten (10) days of approval by the United States or determination by the Court.
- 5 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 6 of 23 PageID #: 318
13. The Bank’s sexual harassment policy and complaint procedure shall include, but not necessarily be limited to: (a) the identity of the Bank employee(s) or agent(s) to whom complaints should be submitted; (b) a provision for the written or verbal submission of complaints; (c) a provision requiring that the complaining party or parties be provided with a copy of the Bank’s full sexual harassment policy and complaint procedure, as well as the name and contact information of persons or entities outside the Bank to whom the complaint may also be submitted, including the Housing and Civil Enforcement Section of the Civil Rights Division of the U.S. Department of Justice; and (d) a procedure for the prompt investigation and resolution of any complaint, including a written explanation for the complainant of the results of the investigation or the resolution to the complaint.
14. The sexual harassment policy and complaint procedure shall be posted and prominently displayed in the lobby of the Bank’s headquarters and each branch office. IV. MONETARY DAMAGES TO AGGRIEVED PERSONS
15. Defendant First National will pay a total of one hundred thirty thousand dollars ($130,000.00) in monetary damages to persons whom the United States has identified as aggrieved persons. Defendant Anderson will pay a total of one hundred twenty thousand dollars ($120,000.00) in monetary damages to persons whom the United States has identified as aggrieved persons. A list of such persons and the specific amount to be paid by each defendant to each such person is attached as Appendix A. Within ten (10) days of the date of entry of this Consent Decree, Defendants First National and Anderson shall deliver to counsel for the United States a check for each identified aggrieved person,
- 6 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 7 of 23 PageID #: 319
made payable to the aggrieved person for the amount listed next to their name in Appendix A. 16. No aggrieved person shall be paid until the United States has received from that person the signed release at Appendix C. When counsel for the United States has received a check from Defendants payable to an aggrieved person and a signed release in the form of Appendix C from that aggrieved person, counsel for the United States shall deliver the check to the aggrieved person and the original, signed release to counsel for Defendant First National with a copy to counsel for Defendant Anderson. 17. Within ten (10) days of the date of this Consent Decree, Defendant First National and Defendant Anderson shall each deposit an additional sum of twenty-five thousand dollars ($25,000.00) into an interest-bearing account (hereinafter “Settlement Fund”) for the purpose of paying monetary damages to persons whom the Court determines may have been harmed by Defendants’ discriminatory actions (hereinafter "additional aggrieved persons"). Within five (5) days thereafter, the Defendants shall submit proof to counsel for the United States that this Settlement Fund has been established and that the funds have been deposited. 18. Within sixty (60) days after entry of this Consent Decree, the Defendants shall arrange and publish a Notice to Potential Victims of Discrimination (hereinafter “Notice”), as set out in Appendix D, as follows: a. The Notice shall be published on at least four (4) occasions in the Pontotoc
Progress;
- 7 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 8 of 23 PageID #: 320
b. The Notice shall be published on at least four (4) occasions in the Northeast Mississippi Daily Journal, including at least two (2) occasions on Sunday;
c. The Notice shall be published each time in a space measuring at least one-quarter (1/4) of a page; and
d. Defendants shall provide a copy of the newspapers containing each such notice to counsel for the United States within ten (10) days of the date of the publication of the Notice.
19. Within sixty (60) days of the date of entry of this Consent Decree, First National shall mail a copy of this Notice, Appendix D, to all its female applicants for credit, as defined by ECOA, 15 U.S.C. §1691a(b) and (d), who may have dealt with Defendant Anderson between January 1, 1999, and May 31, 2004, in the course of Anderson’s employment with the Bank. A list of such individuals and their addresses, where known, will be provided to counsel for the Bank by the United States. Within ten (10) days after the mailing, Defendant First National shall provide to counsel for the United States a signed statement attesting to the fact that the Bank has complied with this provision of the Consent Decree.
20. Additional aggrieved persons, as described above in Paragraph 17, shall have one hundred eighty (180) days from the effective date of this Consent Decree to contact the United States in response to the Notice.
21. Nothing in this Consent Decree shall prevent the United States from making any additional efforts it deems necessary to locate and provide notice to potential aggrieved persons. Upon notice to Defendants’ counsel, Defendants shall produce any records in
- 8 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 9 of 23 PageID #: 321
the possession or control of either Defendant, or its/his agents or employees, that the United States believes to be useful in identifying additional persons who may be entitled to relief under this Consent Decree. 22. The United States shall investigate the claims of the potential aggrieved persons and, within two hundred forty (240) days of the date of this Consent Decree, shall make preliminary determinations of which persons are aggrieved and an appropriate amount of damages that should be paid to each such person. The United States will inform Defendant in writing of its preliminary determinations, together with a copy of a sworn declaration from each additional aggrieved person setting forth the factual basis of the claim. The Defendant shall have thirty (30) days from the date they receive this information to review it and provide the United States with any documents or information that they believe may refute the claim. 23. After receiving the Defendants’ documents or information, the United States shall submit its final recommendations to the Court for approval, identifying the additional aggrieved persons and an appropriate amount of damages that should be paid to each such person, together with a copy of the sworn declarations and any documents or information submitted by Defendants. Within ten (10) days of the date of a Court order providing for the distribution of funds to the additional aggrieved persons, Defendants shall deliver to counsel for the United States checks payable to each of the additional aggrieved persons in the amounts approved by the Court. 24. In no event shall the aggregate of all checks to the additional aggrieved persons exceed the sum of fifty thousand dollars ($50,000.00) plus accrued interest. No additional
- 9 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 10 of 23 PageID #: 322
aggrieved person shall be paid until the United States has received from that person the signed release at Appendix C. 25. When counsel for the United States has received a check from Defendants payable to an additional aggrieved person and a signed release in the form of Appendix C from the additional aggrieved person, counsel for the United States shall deliver the check to the additional aggrieved person and the original, signed release to counsel for Defendant First National with a copy to counsel for Defendant Anderson. 26. After the satisfaction of Paragraphs 15-25, and expiration of the corresponding time periods, any money remaining in the Settlement Fund shall be released to Defendants in equal amounts.
V. CIVIL PENALTY 27. Within fifteen (15) days of the date of entry of this Consent Decree, Defendant First
National shall pay the sum of five thousand dollars ($5,000.00) to the United States as a civil penalty to vindicate the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C). Also within fifteen (15) days of the date of entry of this Consent Decree, Defendant Anderson shall pay the sum of forty-five thousand dollars ($45,000.00) to the United States as a civil penalty to vindicate the public interest, pursuant to 42 U.S.C. § 3614(d)(1)(C). These payments shall be delivered to counsel for the United States in the form of checks payable to “United States Treasury.” 28. In the event that either First National or Anderson engages in any future violation(s) of the FHA, such violation(s) shall constitute a “subsequent violation” pursuant to 42 U.S.C. § 3614(d).
- 10 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 11 of 23 PageID #: 323
VI. TRAINING 29. Within ten (10) days of the entry of this Consent Decree, First National shall provide
copies of this Consent Decree to all Bank loan officers, loan secretaries, collectors, Loan Department personnel, tellers, Compliance Department personnel, and the Internal Auditor (“covered Bank employees”). Within ten (10) days of final approval of the First National’s sexual harassment policy and complaint procedure (see Section III above), the Bank shall provide copies of that policy and procedure to all covered Bank employees. The Bank shall secure signed statements, conforming to Appendices E and F, from each such employee acknowledging that s/he has received, read, and understands the Consent Decree and the sexual harassment policy and complaint procedure, and has had her or his questions about the Consent Decree and the sexual harassment policy and complaint procedure answered. Copies of those signed statements shall be provided to the United States in accordance with the provisions of Paragraph 32. 30. Within one hundred twenty (120) days of the entry of this Consent Decree, First National shall provide training focused on the prohibition of sexual harassment under federal fair lending laws, including the FHA and ECOA, for all covered Bank employees. The training shall be conducted by a qualified third party, approved by the United States and unconnected to First National or Anderson, or their employees, agents, or counsel. Any expenses associated with this training shall be borne by First National. Those who attend the training shall be required, for each such training event attended, to sign a certification of completion conforming to Appendix G. Copies of those signed certifications shall be provided to the United States in accordance with the provisions of Paragraph 32.
- 11 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 12 of 23 PageID #: 324
31. During the term of this Consent Decree, each new covered Bank employee shall be given a copy of this Consent Decree and the Bank’s sexual harassment policy. Each such new covered Bank employee shall sign statements conforming to Appendices E and F. Within thirty (30) days of the date of hire of any new covered Bank employee, First National shall provide training focused on the prohibition of sexual harassment under federal fair lending laws, including the FHA and ECOA, for the covered employee. The training shall be conducted by a qualified third party, approved by the United States and unconnected to First National or Anderson or their employees, agents, or counsel. A videotaped training session by such a qualified third party may be shown to new covered Bank employees in satisfaction of this paragraph. Any expenses associated with this training shall be borne by First National. Those who attend the training shall be required, for each such training event attended, to sign a certification of completion conforming to Appendix G. Copies of those signed certifications shall be provided to the United States in accordance with the provisions of Paragraph 32. VII. REPORTING AND RECORD-KEEPING REQUIREMENTS
32. Within one hundred twenty (120) days of the entry of this Consent Decree, and thereafter on the anniversary of the entry of this Consent Decree, First National shall submit to the United States a compliance report, except that the final report shall be submitted sixty (60) days prior to the anniversary of this Consent Decree. The compliance report shall include: (a) the signed statement and certification of each agent and employee referred to in paragraphs 29-31 obtained since entry of the Consent Decree or submission of the prior report; (b) a copy of the then-current sexual harassment policy and complaint procedure;
- 12 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 13 of 23 PageID #: 325
(c) copies of any advertisements, pamphlets, brochures or other promotional literature concerning the Bank published since submission of the prior report; and (d) photographs showing the notice of non-discrimination described in Paragraph 9 posted and publicly displayed within the headquarters and branch offices of First National. 33. During the term of this Decree, Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against either Defendant,2 or Defendants’ agents or employees, regarding sex discrimination or sexual harassment in connection with the extension of credit. If the complaint is written, Defendant(s) shall provide a copy of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. Defendant(s) shall also promptly provide the United States all information it may request concerning any such complaint and shall inform the United States in writing within fifteen (15) days of the terms of any resolution of such complaint. 34. First National shall continue to preserve records as it has during the pendency of this lawsuit until the completion of the process of identifying and compensating additional aggrieved persons as set forth in Paragraphs 11 and 18-25 above. Thereafter, and continuing for the duration of this Consent Decree, First National shall preserve all loan documents and other records of applications for the extension of credit from March 2000 forward, but may otherwise resume its standard records retention practices. Upon reasonable notice to First National, representatives of the United States shall be permitted
2 The provisions of this Paragraph shall apply to Defendant Anderson only in the event that he again becomes active in the business of extending credit and/or of engaging in residential real estate-related transactions during the term of this Decree.
- 13 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 14 of 23 PageID #: 326
to inspect and copy any of the Bank’s records related to this Consent Decree, provided, however, that the United States shall endeavor to minimize any inconvenience to First National.
VIII. SUCCESSOR IN INTEREST 35. In the event that during the term of this Decree ownership of First National is transferred
or sold, in whole or in part, First National shall notify the United States. First National shall provide the United States with written notification at the same time that it notifies its federal bank regulator of the proposed sale or transfer and, in any event, no less than thirty (30) days prior to completion of the sale or transfer. The written notification shall include the identity of the potential purchaser or entity to whom ownership is being transferred. IX. MODIFICATIONS, ATTORNEYS FEES AND COSTS, AND REMEDIES
FOR NON-COMPLIANCE 36. Any time limits for performance imposed by this Consent Decree may be extended by the
mutual written agreement of the parties. The other provisions of this Consent Decree may be modified by written agreement of the parties or by motion to the Court. If the modification is by written agreement of the parties, then such modification will be effective thirty (30) days from the date of the filing of the written agreement with the Court, and shall remain in effect for the duration of the Consent Decree or until such time as the Court indicates through a written order that it has not approved the modification. 37. All parties shall be responsible for their own attorney’s fees and court costs, except as provided for in Paragraph 38 below.
- 14 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 15 of 23 PageID #: 327
38. The parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution. However, in the event the United States contends that there has been a failure by the Defendants, whether willful or otherwise, to perform in a timely manner any act required by this Consent Decree or otherwise to comply with any provision thereof, the United States may move this Court to impose any remedy authorized by law or equity, including, but not limited to, an order requiring performance of such act or deeming such act to have been performed, and an award of any damages, costs, and attorney’s fees which may have been occasioned by the Defendant’s violation or failure to perform. X. RETENTION OF JURISDICTION
39. This Consent Decree shall be in effect for a period of five (5) years from its entry. The Court shall retain jurisdiction for the duration of this Consent Decree to enforce its terms, after which time this case shall be dismissed with prejudice. The United States may move the Court to extend the duration of the Consent Decree in the interests of justice. IT IS SO ORDERED: This 6th day of November, 2007.
/s/ Michael P. Mills CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI
- 15 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 16 of 23 PageID #: 328

Approved as to form and substance:
For Defendant First National Bank:
s/W. Davis Frye W. Davis Frye Robert E. Hauberg, Jr. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Meadowbrook Office Park 4268 I-55 North Jackson, MS 39211
For Defendant William W. Anderson, Jr.:
s/Cameron Abel Grady F. Tollison, Jr. Cameron Morgan Abel Tollison Law Firm, P.A. P.O. Box 1216 Oxford, MS 38655-1216

For the United States:
s/Burtis M. Dougherty STEVEN H. ROSENBAUM Chief DONNA M. MURPHY Deputy Chief (D.C. Bar #438436) BURTIS M. DOUGHERTY Lead Counsel (D.C. Bar # 225003) TANYA ILONA KIRWAN (Maryland Bar) U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section (NWB) 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530

- 16 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 17 of 23 PageID #: 329

APPENDIX A Identified Aggrieved Persons and Amounts to be Paid

Onnie Mae Betts Nicole Shenell Bowens Latonya Cockrell Stacey Conaway Glendina Cooperwood Allison Dandridge Shonta Chewe Edwards Janice Fields Rena Harden Angela Hobson Annette Porter Tina Galloway Potts Amanda Russell Brenda Stroud Zabrina Williams

Total Amount Due
$12,000.00 $32,000.00 $16,000.00 $10,000.00 $52,400.00 $13,600.00 $8,000.00 $8,000.00 $12,000.00 $36,000.00 $10,000.00 $12,000.00 $12,000.00 $8,000.00 $8,000.00

Amount Due From Defendant
First National
$6,000.00 $16,000.00 $8,000.00 $5,000.00 $31,200.00 $6,800.00 $4,000.00 $4,000.00 $6,000.00 $18,000.00 $5,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00

Amount Due From Defendant
Anderson
$6,000.00 $16,000.00 $8,000.00 $5,000.00 $21,200.00 $6,800.00 $4,000.00 $4,000.00 $6,000.00 $18,000.00 $5,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00

- 17 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 18 of 23 PageID #: 330
APPENDIX B Notice
NOTICE OF NON-DISCRIMINATION We do Business in Accordance with Federal Fair Lending Laws
UNDER THE FAIR HOUSING ACT, IT IS ILLEGAL TO DISCRIMINATE IN MAKING, OR IN THE TERMS AND CONDITIONS OF, A RESIDENTIAL LOAN:
Because of sex, race, color, religion, handicap, familial status, or national origin.
UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL TO DISCRIMINATE IN ANY CREDIT TRANSACTION:
On the basis of sex, race, color, national origin, religion, marital status, or age; Because income is derived from public assistance; or Because a right has been exercised under the Federal Consumer Credit Protection laws.
IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND A COMPLAINT TO:
United States Department of Justice Civil Rights Division
Chief, Housing and Civil Enforcement Section
1800 G Street, N.W., Suite 7002 Washington, D.C. 20006
or call the United States Department of Justice toll-free: 1-800-896-7743 or 1-888-305-3228 (TDD)
- 18 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 19 of 23 PageID #: 331

APPENDIX C Release

In consideration for the parties’ agreement to the terms of the Consent Decree entered in

United States v. First National Bank of Pontotoc and William W. Anderson, Jr., Civil No.

3:06cv061-M-D (N.D. Miss.), and Defendant First National Bank of Pontotoc and Defendant

William W. Anderson’s payment to me of $

, pursuant to the Consent Decree, I

hereby release and forever discharge all claims related to the facts at issue in the litigation

referenced above, or in any way related to that litigation, and any other claims arising from the

housing and credit discrimination alleged in that litigation up to and including the date of

execution of this release, that I may have against any of the Defendants, First National Bank of

Pontotoc and William W. Anderson, Jr., all related entities, parents, predecessors, successors,

subsidiaries, and affiliates, and all of their past and present directors, officers, agents, managers,

supervisors, shareholders and employees and their heirs, executors, administrators, successors or

assigns.

Executed this day of

, 2007.

[Print Name] [Signature]

- 19 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 20 of 23 PageID #: 332

APPENDIX D Notice

NOTICE TO POTENTIAL VICTIMS OF DISCRIMINATION

On _________________, 2007, the United States District Court for the Northern District of Mississippi entered a Consent Decree resolving a lawsuit brought by the United States against the First National Bank of Pontotoc (hereinafter “First National”) and William W. Anderson, Jr. (hereinafter “Anderson”). The lawsuit alleged that First National and Anderson, a former vice president, loan officer, and branch manager of First National, violated the Fair Housing Act and the Equal Credit Opportunity Act through Anderson’s pattern or practice of sexually harassing female Bank customers in connection with certain credit transactions, including residential real estate-related loans.

The Consent Decree also establishes a Settlement Fund to compensate persons who have

been harmed as a result of this sexual harassment. You may be qualified to recover from the

Settlement Fund if you:

•

were subjected to offensive and unwanted verbal sexual statements made by

Anderson while conducting business at First National;

•

were subjected to offensive and unwanted sexual touching and/or solicitations for

sex by Anderson while conducting business at First National; and/or

•

were subjected to offensive and unwanted demands for sexual favors in return for

favorable action on Anderson’s part with respect to residential real estate-related

loans and/or other credit transactions.

If you believe you fall into one of these categories and have been harmed, or if you have information about someone else who may have been sexually harassed, please contact the United States Department of Justice at: 1-800-896-7743 and
select menu option four. You may also write to:

United States Department of Justice Civil Rights Division
Housing and Civil Enforcement Section 1800 G Street, N.W., Suite 7002 Washington, DC 20006 Attn: DJ# 188-40-5

Your telephone message or letter must include your name, address, and, if possible, at least TWO telephone numbers where you may be reached.

- 20 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 21 of 23 PageID #: 333

APPENDIX E Employee Acknowledgment – Consent Decree

I acknowledge that on

, 200__, I was provided a

copy of the Consent Decree entered by the Court in United States v. First National

Bank of Pontotoc and William W. Anderson, Jr., Civil No. 3:06cv061-M-D (N.D.

Miss.). I have read and understand this document and have had my questions

about this document answered. I understand my legal responsibilities and shall

comply with those responsibilities.

___________________________ Signature
____________________________ Print Name
___________________________ Job Title
_______________ Date

- 21 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 22 of 23 PageID #: 334

APPENDIX F Employee Acknowledgment – Sexual Harassment Policy and Complaint
Procedure

I acknowledge that on

, 200__, I was provided a

copy of the sexual harassment policy and complaint procedure of the First

National Bank of Pontotoc. I have read and understand these documents and have

had my questions about these documents answered. I understand my legal

responsibilities and shall comply with those responsibilities.

___________________________ Signature
____________________________ Print Name
___________________________ Job Title
_______________ Date

- 22 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 80 Filed: 11/07/07 23 of 23 PageID #: 335
APPENDIX G Employee Training Certification I certify that on _____________ ____, 200__, I received training with respect to my responsibilities under the Consent Decree entered by the Court in United States v. First National Bank of Pontotoc and William W. Anderson, Jr., Civil No. 3:06cv061-M-D (N.D. Miss.) and the federal fair lending laws and the federal Fair Housing Act. I have had the opportunity to have my questions about them answered. I understand my legal responsibilities not to discriminate under the federal fair lending laws, including the Equal Credit Opportunity Act and the Fair Housing Act, and shall comply with those responsibilities.
___________________________ Signature
___________________________ Print Name
___________________________ Job Title
________________ Date
- 23 -

 
 Case: 3:06-cv-00061-MPM-JAD Doc #: 86 Filed: 09/24/08 1 of 4 PageID #: 447

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

NO. 3:06cv061-M-D

)

FIRST NATIONAL BANK OF PONTOTOC

)

and WILLIAM W. ANDERSON, JR.,

)

)

Defendants.

)

)

PROPOSED ORDER

The Court, having considered the parties’ Joint Stipulation Regarding the Distribution of

the Settlement Fund and for Good Cause shown, hereby ORDERS that the First National Bank of

Pontotoc, as custodian of the Settlement Fund, shall, within (10) days of entry of this Order,

deliver to counsel for the United States of America checks payable to the following persons for the

amounts listed below:

Aggrieved Person 1. Arvanah Berry 2. Patsy Berry 3. Marcia Chewe (Gill) 4. Virginia Hill 5. Nancy Jones 6. Pamela Mooneyham (Clayton) 7. Vanessa Berry 8. Frankie Cameron (Lindsey)

Proposed Monetary Amount $5,000 $5,000 $5,000 $5,000 $5,000 $4,000 $2,000 $2,000

Case: 3:06-cv-00061-MPM-JAD Doc #: 86 Filed: 09/24/08 2 of 4 PageID #: 448

9. Zelder Farr (Bankston) 10. Flossie Humphrey 11. Denita Keys (Gregory) 12. Teresa Colburn (Conlee) 13. Ruby Lindsey (Shaw) 14. Quatina Donaldson 15. Francine Lipsey 16. Bertha Powell (James) 17. Marilyn Ray 18. Betty Cherry 19. Barnette Roberson 20. Nacosia Berry 21. Aleatha Brand (Zinn) 22. Lisa Dandridge 23. Charlene Davis 24. Gaynel Finley 25. Heidi Gill (Harris) 26. Jacquelyne King 27. Nina Lyons 28. Essie Simmons (Berry) 29. Barbara Ann Watkins (McShan)
Total

$2,000 $2,000 $2,000 $1,500 $1,500 $1,000 $1,000 $1,000 $1,000
$500 $500 $300 $300 $300 $300 $300 $300 $300 $300 $300 $300 $50,000

In addition to the amounts listed above, the checks payable to individuals numbered 1-5 above shall each include 1/5th of the amount of the accumulated interest on the principal of the Settlement Fund as of the date of the distribution by the Bank.

- 2 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 86 Filed: 09/24/08 3 of 4 PageID #: 449 The United States shall deliver the checks to the above-named individuals after receipt of a
release from each and shall provide the releases to counsel for Defendants. IT IS SO ORDERED.
This 24th day of September, 2008. /s/Jerry A. Davis UNITED STATES MAGISTRATE JUDGE
- 3 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 86 Filed: 09/24/08 4 of 4 PageID #: 450 Respectfully submitted this the 19th day of September , 2008.

For Defendant First National Bank of Pontotoc:
/s/ W. Davis Frye W. Davis Frye Robert E. Hauberg, Jr. Baker, Donelson, Bearman, Caldwell &
Berkowitz, PC Meadowbrook Office Park 4268 I-55 North Jackson, MS 39211 (601) 351-8927
For Defendant William W. Anderson, Jr.:
/s/ Cameron M. Abel Grady F. Tollison, Jr. Cameron Morgan Abel Tollison Law Firm, P.A. P.O. Box 1216 Oxford, MS 38655-1216 (662) 234-7070

/s/ Burtis M. Dougherty STEVEN H. ROSENBAUM Chief DONNA M. MURPHY Deputy Chief (D.C. Bar #438436) BURTIS M. DOUGHERTY Lead Counsel (D.C. Bar # 225003) TANYA ILONA KIRWAN (Maryland Bar) U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section (NWB) 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 (202) 514-4737

For the United States: - 4 -

 
 Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 1 of 6 PageID #: 2
' I

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. FIRST NATIONAL BANK OF PONTOTOC and WILLIAM W. ANDERSON,
Defendants.

CIVIL ACTION NO. 3:0f.R('V()(R/-1:J-tf.-
JURY TRIAL DEMANDED

COMPLAINT The United States of America alleges: 1. This action is brought by the United States to enforce the provisions of the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f ("ECOA"). 2. This Court has jurisdiction of this action pursuant to 28 U.S.C. § 1345 and 15 U.S.C. § 1691e(h). Venue is appropriate pursuant to 28 U.S.C. § 1391~ 3. Defendant First National Bank of Pontotoc ("First National Bank" or "Bank") is a federally-chartered full service bank headquartered in Pontotoc, Mississippi, that conducts business primarily in the State of Mississippi. The Bank is a subsidiary of Pontotoc BancShares Corp., a bank holding company incorporated in 1996 under the laws of the State of Mississippi.

Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 2 of 6 PageID #: 3
4. First National Bank offers the traditional services of a financial depository and lending institution, including the receipt of monetary deposits; the extension of credit for and financing of residential housing, commercial, and consumer loans; and the making of other types of credit transactions. First National Bank had total assets of approximately $210 million and deposits of approximately $179 million as of December 31, 2005. The Bank is subject to the federal regulatory authority of the Office of the Comptroller of the Currency ("OCCn).
5. Defendant William Anderson is a resident of Pontotoc, Mississippi. Anderson was employed by First National Bank as a Vice President from February 1993 through May 2004. In the ordinary course of his responsibilities as Vice President of the Bank, Anderson regularly participated in credit decisions. His job responsibilities included, but were not limited to: (a) approving or denying, or recommending the approval or denial of, loan applications; (b) approving or denying loan extension requests; (c) setting terms and conditions for loans, including interest rate terms, repayment terms, and repayment periods; (d) approving or denying account overdrafts or returned checks and the waiving of overdraft charges; (e) reviewing loans and
-2-

Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 3 of 6 PageID #: 4
accounts with outstanding unpaid balances; (f) seeking payment of past due accounts; and (g) engaging in loan collection proceedings.
6. Both the Bank and Anderson are creditors as defined by the Equal Credit Opportunity Act, 15 U.S.C. § 1691a(e), and Federal Reserve Board Regulation B, 12 C.F.R. § 202.2(1) ("Reg. Bn). As creditors, both the Bank and Anderson are subject to federal laws governing fair lending, including ECOA and the regulations promulgated thereunder. ECOA prohibits creditors from discriminating on the basis of, inter alia, sex with respect to any aspect of a credit transaction. 15 U.S.C. § 1691 (a).
7. In the course of carrying out his responsibilities as Vice President of the Bank, Anderson subjected female applicants for credit, female borrowers, and/or female account holders at the Bank to discrimination on the basis of sex, including severe, pervasive, and unwelcome sexual harassment for a period of years before his employment by the Bank ended in May 2004. His conduct included, but was not limited to: offensive and unwanted verbal sexual statements; offensive and unwanted sexual touching; offensive and unwanted solicitations for sex; and offensive and unwanted requests or demands for sexual favors in
-3 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 4 of 6 PageID #: 5
return for favorable action on his part with respect to credit transactions. Those female applicants, borrowers, and account holders are all "applicantsn within the meaning of ECOA, 15 U.S.C. § 1691a(b), and Reg. B, 12 C.F.R. § 202.2(e).
8. Defendant First National Bank is liable for the abovedescribed discriminatory conduct of its managerial employee William W. Anderson.
9. The conduct of the defendants described above constitutes discrimination on the basis of sex against applicants with respect to credit transactions, in violation of Equal Credit Opportunity Act, 15 U.S.C. § 1691(a).
10. The conduct of the defendants described above constitutes a pattern or practice of discrimination in violation of rights protected by the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et ~·
11. Female applicants have been injured by the defendants' discriminatory conduct and have suffered damages as a result. Those.persons are aggrieved applicants within the meaning of ECOA.
12. The defendants' conduct described above was intentional, willful, and taken in reckless disregard for the rights of others.
-4-

Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 5 of 6 PageID #: 6
WHEREFORE, the United States prays that the Court enter an ORDER that:
1. Declares that the defendants' discriminatory conduct violates the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et
2. Enjoins the defendants, their agents, employees, and successors, and all other persons in active concert or participation with them, from:
a. Discriminating on the basis of sex against any person with respect to any aspect of a credit transaction; and
b. Failing or refusing to take such affirmative steps as may be necessary to restore, as nearly as practicable, the victims of the defendants' unlawful conduct to the position they would have been in but for the discriminatory conduct;
3. Awards such damages as would fully compensate each identifiable victim of the defendants' discriminatory conduct for injuries caused by the discriminatory conduct, pursuant to 15 U.S.C. § 1691e(h); and
4. Provides the United States with such additional and further relief as the interests of justice may require.
-5-

..
Case: 3:06-cv-00061-MPM-JAD Doc #: 1 Filed: 04/27/06 6 of 6 PageID #: 7
The United States demands a trial by jury of this action. ALBERTO R. GONZALEZ Attorney General
Assistant Attorney General Civil Rights Division
STEVEN H. ROSENBAUM Chief, Housing and Civil
Enforcement Section
DONNA M.MURPHY Deputy Chief, Housing
Civil Enforcement Section (DC Bar #438436)
Counsel (DC Bar TANYA ILONA KIRWAN Attorneys U.S. Department of Justice Civil Rights Division Housing and Civil
Enforcement Section (NWB) 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Burtis.m.dougherty®usdoj .gov Tanya.kirwan®usdoj.gov (Tel) : 202/514-4737
(Fax) : 2 02I 514 - 1116
- 6-

 
 Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 1 of 6 PageID #: 256

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

UNITED STATES OF AMERICA

PLAINTIFF

v.

CIVIL ACTION NO. 3:06cv61

FIRST NATIONAL BANK OF PONTOTOC and WILLIAM W. ANDERSON

DEFENDANTS

FIRST NATIONAL BANK OF PONTOTOC’S ANSWER TO AMENDED COMPLAINT AND CROSS-CLAIM Defendant First National Bank of Pontotoc (the “Bank”) answers the United States’ Amended Complaint as follows:
AFFIRMATIVE DEFENSES First Affirmative Defense
The Plaintiff has failed to state a claim against the Bank upon which relief can be granted. Second Affirmative Defense
The Plaintiff’s claims and causes of action are barred in whole or in part due to the Plaintiff’s failure to comply with the statute of limitations.
Third Affirmative Defense The Plaintiff’s claims and causes of action are barred in whole or in part due to waiver, payment and/or release.
Fourth Affirmative Defense The Plaintiff’s claims and causes of action are barred in whole or in part due to accord and satisfaction.
Fifth Affirmative Defense The Plaintiff's claims are barred in whole or in part by the doctrines of laches, waiver or estoppel.

Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 2 of 6 PageID #: 257
Sixth Affirmative Defense To the extent that Anderson engaged in any unlawful conduct, such conduct, if it occurred, was outside the course and scope of Anderson’s employment with the Bank and was undertaken without the knowledge or consent of the Bank. Accordingly, the Bank is not liable for such conduct, if it occurred.
ANSWER The Bank responds to and answers each separate paragraph of the Amended Complaint as follows: 1. Paragraph 1 of the Amended Complaint does not require a response from the Bank. However, to the extent that a response is required, the Bank denies the allegations contained in Paragraph 1 of the Amended Complaint. 2. The Bank admits that jurisdiction and venue are proper. 3. The Bank admits the allegations contained in Paragraph 3 of the Amended Complaint. 4. The Bank admits the allegations contained in Paragraph 4 of the Amended Complaint. 5. Paragraph 5 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 5 imply any wrongdoing or liability as to the Bank, those allegations are denied. 6. Paragraph 6 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 6 imply any wrongdoing or liability as to the Bank, those allegations are denied.

JM KKR1 503159 v2 2906604-000001 7/25/2007

- 2 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 3 of 6 PageID #: 258

7. The Bank denies that Anderson was employed by the Bank as a branch manager from 1993 to 2004. Otherwise, the Bank admits the allegations contained in paragraph 7 of the Amended Complaint.
8. Paragraph 8 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 8 imply any wrongdoing or liability as to the Bank, those allegations are denied.
9. Paragraph 9 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 9 imply any wrongdoing or liability as to the Bank, those allegations are denied.
10. Paragraph 10 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 10 imply any wrongdoing or liability as to the Bank, those allegations are denied.
11. Paragraph 11 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 11 imply any wrongdoing or liability as to the Bank, those allegations are denied.
12. The Bank denies the allegations contained in the first sentence of Paragraph 12 of the Amended Complaint. The Bank is without sufficient knowledge to admit or deny the allegations contained in the second sentence of Paragraph 12 and therefore deny the same. The last sentence of Paragraph 12 purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in the final sentence of Paragraph 12 imply any wrongdoing or liability as to the Bank, those allegations are denied.
13. The Bank denies the allegations contained in Paragraph 13 of the Amended Complaint.

JM KKR1 503159 v2 2906604-000001 7/25/2007

- 3 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 4 of 6 PageID #: 259

14. Paragraph 14 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 14 imply any wrongdoing or liability as to the Bank, those allegations are denied. Further, the Bank specifically denies that it discriminated against any Bank customer or potential customer on the basis of sex.
15. Paragraph 15 of the Amended Complaint purports to state a legal conclusion to which the Bank is not required to respond. However, to the extent the allegations contained in Paragraph 15 imply any wrongdoing or liability as to the Bank, those allegations are denied.
16. The Bank denies the allegations contained in Paragraph 16 of the Amended Complaint.
17. The Bank denies the allegations contained in Paragraph 17 of the Amended Complaint.
18. The Bank denies the remaining allegations contained in the Plaintiff’s Amended Complaint beginning with the final, unnumbered paragraph starting with the words, “WHEREFORE, The United States.” Further, the Bank denies that the Plaintiff is entitled to any relief whatsoever from the Bank.
19. Any and all remaining allegations contained in the Amended Complaint not expressly admitted, controverted, or specifically denied are hereby denied.

CROSS-CLAIM AGAINST DEFENDANT WILLIAM W. ANDERSON 1. If Anderson is found to have acted inappropriately, as the Plaintiff has alleged, the Bank is not liable for any wrongdoing on Anderson’s part. 2. Far from intentionally, willfully, and recklessly disregarding the rights of others, the Bank took immediate and aggressive action upon learning of any wrongdoing. Such action

JM KKR1 503159 v2 2906604-000001 7/25/2007

- 4 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 5 of 6 PageID #: 260
consisted of the termination of Anderson’s employment, compensation to the alleged victim, and implementation of additional policies and procedures to prevent any future wrongdoings.
3. The allegations of wrongdoing are specific to Anderson. No other employee of the Bank has been accused of or, to the Bank’s knowledge, has committed or, is suspected of having committed wrongdoing. Thus, if any liability is imposed on the Bank, it will be directly and proximately caused by Anderson’s actions.
4. Anderson is therefore liable to the Bank in an amount to be determined by the Court. WHEREFORE, PREMISES CONSIDERED, the Bank respectfully requests that the Amended Complaint be dismissed with prejudice, that the Bank be awarded its costs and attorneys’ fees expended in this matter, and for such further and other relief in its favor as this Court deems proper and just. In the alternative, if the Court finds the Plaintiff is entitled to recovery from the Bank, First National Bank of Pontotoc demands judgment against co-Defendant William D. Anderson in an amount equal to that which the Court finds the Bank liable. THIS, the 25th day of July.
Respectfully submitted, FIRST NATIONAL BANK OF PONTOTOC By Its Attorneys, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC
By: s/W. Davis Frye W. DAVIS FRYE

JM KKR1 503159 v2 2906604-000001 7/25/2007

- 5 -

Case: 3:06-cv-00061-MPM-JAD Doc #: 68 Filed: 07/25/07 6 of 6 PageID #: 261

Robert E. Hauberg, Jr. (MB# 8958) W. Davis Frye (MB# 10671) Kenya K. Rachal (MB# 99227) BAKER, DONELSON, BEARMAN CALDWELL & BERKOWITZ, PC 4268 I-55 North Meadowbrook Office Park Post Office Box 14167 Jackson, Ms 39236 Phone: (601) 351-2400 Fax: (601) 351-2424
CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing with the Clerk of the Court using the
ECF system which sent notification of such filing to the following:
Burtis M. Dougherty burtis.m.dougherty@usdoj.gov
Donna M. Murphy donna.murphy@usdoj.gov
Tanya Ilona Kirwan tanya.kirwan@usdoj.gov
Grady F. Tollison, Jr. grady@tollisonlaw.com
Cameron Morgan Abel cameron@tollisonlaw.com
I also certify that I have mailed by U.S. Mail, first class postage prepaid, the foregoing
to the following non-ECF participant:
Scott Yeoman P.O. Box 337 Pontotoc, MS 38863-0337
THIS, the 25th day of July, 2007.

JM KKR1 503159 v2 2906604-000001 7/25/2007

s/W. Davis Frye W. DAVIS FRYE
- 6 -

 
 Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 1 of 7
CJRA−S,CLOSED,JURY
U.S. District Court Northern District of Mississippi (Western Division) CIVIL DOCKET FOR CASE #: 3:06−cv−00061−MPM−JAD

United States of America v. First National Bank of Pontotoc et al Assigned to: Michael P. Mills Referred to: Jerry A. Davis Cause: 15:1681 Fair Credit Reporting Act
Plaintiff

Date Filed: 04/27/2006 Date Terminated: 11/07/2007 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Burtis M. Dougherty U.S. DEPARTMENT OF JUSTICE − Housing Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−4737 Email: burtis.m.dougherty@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna M. Murphy U.S. DEPARTMENT OF JUSTICE − Housing Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 514−1775 Email: donna.murphy@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tanya Ilona Kirwan U.S. DEPARTMENT OF JUSTICE − Housing Civil Rights Division 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 305−4973 Email: tanya.kirwan@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant First National Bank of Pontotoc

represented by C. Michael Malski CARNATHAN &MALSKI P O Box 543 Amory, MS 38821 (662) 305−3204 Email: malski38821@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert E. Hauberg , Jr. BAKER, DONELSON, BEARMAN &CALDWELL P.O. Box 14167 Jackson, MS 39236

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 2 of 7

(601) 351−2400 Email: rhauberg@bakerdonelson.com ATTORNEY TO BE NOTICED

William Davis Frye BAKER, DONELSON, BEARMAN &CALDWELL P.O. Box 14167 Jackson, MS 39236 (601) 351−2400 Email: dfrye@bakerdonelson.com ATTORNEY TO BE NOTICED

Defendant William W. Anderson

represented by Grady F. Tollison , Jr. TOLLISON LAW FIRM, P.A. P. O. Box 1216 Oxford, MS 38655−1216 (662) 234−7070 Email: grady@tollisonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cameron Abel TOLLISON LAW FIRM, P.A. P. O. Box 1216 Oxford, MS 38655−1216 662−234−7070 Email: cameron@tollisonlaw.com ATTORNEY TO BE NOTICED

Cross Claimant First National Bank of Pontotoc

represented by C. Michael Malski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert E. Hauberg , Jr. (See above for address) ATTORNEY TO BE NOTICED

William Davis Frye (See above for address) ATTORNEY TO BE NOTICED

V. Cross Defendant William W. Anderson

represented by Grady F. Tollison , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cameron Abel (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/27/2006

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

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 3 of 7

04/27/2006 05/03/2006 05/03/2006 05/16/2006
05/17/2006 05/26/2006 06/07/2006 06/08/2006 06/15/2006 06/28/2006
07/05/2006
07/06/2006 07/06/2006 07/06/2006 07/06/2006 07/07/2006 07/07/2006 07/24/2006 07/26/2006
07/26/2006 08/04/2006 08/16/2006 11/03/2006

Sheet)(tab, USDC)
2 NOTICE OF ASSIGNMENT. Case assigned to Judge Glen H. Davidson and Magistrate Judge S. Allan Alexander. (tab, USDC)
3 MOTION for More Definite Statement by First National Bank of Pontotoc. (Malski, C.)
4 CORPORATE STATEMENT. (Malski, C.)
5 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)
6 RESPONSE to Motion re 3 MOTION for More Definite Statement filed by United States of America. (Kirwan, Tanya)
7 MEMORANDUM IN SUPPORT re 3 MOTION for More Definite Statement. (Malski, C.)
8 ORDER denying 3 Motion for More Definite Statement . Signed by Judge S. Allan Alexander on 6/7/06. (tlk, USDC)
9 Summons Issued as to William W. Anderson. (nsm, USDC)
10 First National Bank of Pontotoc's ANSWER to Complaint, CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc.(Malski, C.)
11 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.)
12 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)
13 MOTION to Dismiss by William W. Anderson. (Tollison, Grady)
14 MEMORANDUM IN SUPPORT re 13 MOTION to Dismiss. (Tollison, Grady)
NOTICE OF CORRECTION: Waiver re−filed as doc.#15 re 12 Waiver of Service Executed (tab, USDC)
15 WAIVER OF SERVICE Returned Executed by Burtis M. Dougherty on behalf of United States of America ; (Dougherty, Burtis)
16 Joint MOTION to Dismiss by First National Bank of Pontotoc. (Malski, C.)
17 Case REASSIGNED to Judge Jerry A. Davis. Judge S. Allan Alexander no longer assigned to the case. (tab, USDC)
18 RESPONSE in Opposition re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by United States of America. (Kirwan, Tanya)
19 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)
20 ORDER granting 19 Motion for Extension of Time . Signed by Judge Glen H. Davidson on 7/26/06. (tab, USDC)
21 REPLY to Response to Motion re 13 MOTION to Dismiss, 16 Joint MOTION to Dismiss filed by First National Bank of Pontotoc. (Malski, C.)
22 REPLY to Response to Motion re 13 MOTION to Dismiss filed by William W. Anderson. (Tollison, Grady)
23 ORDER denying 13 Motion to Dismiss, denying 16 Motion to Dismiss . Signed by Judge Glen H. Davidson on 11/2/06. (tab, USDC)

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 4 of 7

11/13/2006 11/15/2006 02/02/2007 02/02/2007 02/16/2007 02/16/2007
03/01/2007 03/02/2007 03/02/2007 03/02/2007
03/15/2007 03/20/2007 03/27/2007
04/06/2007 04/06/2007 04/09/2007
04/20/2007

24 ANSWER to Complaint by William W. Anderson.(Abel, Cameron)
25 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)
26 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)
27 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)
28 Minute Entry for proceedings held before Judge Jerry A. Davis : Case Management Conference held on 2/16/2007. (egs, USDC)
29 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)
30 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)
31 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)
NOTICE OF CORRECTION notice un−signed, to be re−filed with signature re 31 Notice of Service (tab, USDC)
32 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)
33 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.)
34 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)
35 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)
36 NOTICE of Attorney Appearance by William Davis Frye on behalf of First National Bank of Pontotoc (Frye, William)
37 NOTICE of Attorney Appearance by Robert E. Hauberg, Jr on behalf of First National Bank of Pontotoc (Hauberg, Robert)
38 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)
39 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)

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 5 of 7

04/26/2007 04/27/2007 04/30/2007
05/08/2007 05/11/2007 05/11/2007 05/23/2007 05/24/2007 05/24/2007 05/29/2007 05/30/2007 05/30/2007 06/04/2007 06/06/2007 06/08/2007 06/08/2007
06/15/2007 06/19/2007
06/20/2007 06/29/2007

40 ORDER granting 39 Motion for Extension of Time . Signed by Judge Jerry A. Davis on 4/26/07. (egs, USDC)
Set/Reset Case Management Order Deadlines: Amendments/Joinder of Parties due by 5/30/2007. (nsm, USDC)
41 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)
42 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)
43 MOTION for Protective Order by United States of America. (Kirwan, Tanya)
44 MEMORANDUM IN SUPPORT re 43 MOTION for Protective Order. (Kirwan, Tanya)
45 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)
46 RESPONSE to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)
47 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)
48 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)
49 MOTION for Leave to File Amended Complaint by United States of America. (Attachments: # 1 Exhibit Proposed Amended Complaint) (Kirwan, Tanya)
50 MEMORANDUM IN SUPPORT re 49 MOTION for Leave to File Amended Complaint. (Kirwan, Tanya)
51 REPLY to Response to Motion re 43 MOTION for Protective Order filed by United States of America. (Kirwan, Tanya)
52 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)
53 REPLY to Response to Motion re 43 MOTION for Protective Order filed by William W. Anderson. (Abel, Cameron)
54 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)
55 RESPONSE in Opposition re 49 MOTION for Leave to File Amended Complaint filed by First National Bank of Pontotoc. (Hauberg, Robert)
56 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)
57 ORDER granting 43 Motion for Protective Order. Signed by Judge Jerry A. Davis on 6/20/2007. (jkj, USDC)
58 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

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 6 of 7

07/02/2007 07/05/2007 07/06/2007
07/06/2007 07/10/2007 07/10/2007 07/10/2007 07/11/2007 07/11/2007 07/11/2007 07/25/2007 07/27/2007 08/08/2007 08/08/2007 08/13/2007 08/16/2007 08/17/2007
08/28/2007 08/28/2007

defendants. (Dougherty, Burtis)
59 NOTICE OF SERVICE of Unredacted and Supplemental Responses to Defendant Anderson's First Discovery Requests by Burtis M. Dougherty on behalf of United States of America to counsel for each defendant. (Dougherty, Burtis)
60 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)
61 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)
62 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)
63 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)
64 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)
65 ORDER Regarding Final Pretrial Conference Instructions. Signed by Judge Jerry A. Davis on 7/10/07. (egs, USDC)
66 ORDER granting 62 Motion for Extension of Time. Signed by Judge Jerry A. Davis on 7/11/07. (egs, USDC)
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)
67 AMENDED COMPLAINT against all defendants, Jury Demand, filed by United States of America. (Kirwan, Tanya)
68 ANSWER to Amended Complaint and, CROSSCLAIM against William W. Anderson by First National Bank of Pontotoc. (Frye, William)
69 NOTICE by William Davis Frye on behalf of First National Bank of Pontotoc Designation of Expert Witness (Attachments: # 1 Exhibit 1) (Frye, William)
70 Defendant William Anderson's ANSWER to Crossclaim by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)
71 Defendant William Anderson's ANSWER to Amended Complaint by Defendant First Nat'l Bank of Pontotoc by William W. Anderson. (Abel, Cameron)
72 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)
73 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)
74 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)
75 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)
76 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)

Case: 3:06-cv-61 As of: 09/20/2012 06:54 PM CDT 7 of 7

09/05/2007
09/14/2007 11/06/2007 11/07/2007 11/07/2007 11/09/2007 11/09/2007 09/19/2008
09/19/2008 09/24/2008 09/24/2008

77 NOTICE OF SERVICE of Second Supplemental Responses to Plaintiff's First Requests for Production of Documents by William Davis Frye on behalf of First National Bank of Pontotoc to all counsel of record. (Frye, William)
78 Minute Entry for proceedings held before Judge Jerry A. Davis : Settlement Conference held on 9/14/2007. (egs, USDC) (Entered: 09/17/2007)
79 NOTICE by Tanya Ilona Kirwan on behalf of United States of America Joint Notice of Entry of Proposed Consent Decree (Kirwan, Tanya)
80 CONSENT DECREE. Signed by Judge Michael P. Mills on 11/6/07. (tab, USDC)
81 ORDER DISMISSING CASE without prejudice for statistical purposes. CASE CLOSED. Signed by Judge Michael P. Mills on 11/7/07. (lpm, USDC)
82 NOTICE OF ENDORSEMENT by William Davis Frye on behalf of First National Bank of Pontotoc re 80 Order (Frye, William)
83 NOTICE OF ENDORSEMENT by Cameron Morgan Abel on behalf of William W. Anderson re 80 Order (Abel, Cameron)
84 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)
85 AMENDED DOCUMENT Certificate of Service Re #84. (Dougherty, Burtis)
86 ORDER granting 84 Motion for Disbursement of Funds. Signed by Mag. Judge Jerry A. Davis on 9/24/08. (egs, USDC)
87 ORDER. Signed by Michael P. Mills on 9/24/08. (lpm, USDC)

 
 FOR IMMEDIATE RELEASE THURSDAY, APRIL 27, 2006 WWW.USDOJ.GOV

CRT (202) 514-2007 TDD (202) 514-1888

Sexual Harassment of Customers Alleged Against Mississippi Bank and Former Employee
WASHINGTON—The Justice Department today announced the filing of a lawsuit alleging that a former vice president of the First National Bank of Pontotoc, Miss., engaged in a pattern of sexual harassment against female borrowers and applicants for credit. The lawsuit represents the first sexual harassment lawsuit filed by the Justice Department under the Equal Credit Opportunity Act.

"Sexual harassment is against the law and will not be tolerated in the lending industry," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "The lawsuit filed today is part of a continuing effort by the Department of Justice to enforce every aspect of the Equal Credit Opportunity Act."
In its complaint, filed in U.S. District Court for the Northern District of Mississippi, the Justice Department alleges that William W. Anderson used his position as a vice president to subject women who applied for or obtained credit from the First National Bank of Pontotoc to severe and pervasive sexual harassment. The complaint alleges that Anderson's conduct included making offensive comments, engaging in unwanted sexual touching, and requesting or demanding sexual favors from female customers over a period of years before his employment with the Bank ended in May 2004. The complaint also alleges that the Bank is legally responsible for the sexual harassment.

The complaint seeks an order requiring the First National Bank of Pontotoc and William W. Anderson to stop discriminating against individuals on the basis of sex in connection with credit transactions, implement a policy against the sexual harassment of credit customers, and pay monetary damages for the victims. The First National Bank of Pontotoc is an institution that focuses on residential real estate and consumer loans. The Bank's portfolio includes approximately 9,600 loans with a value of $151.5 million.

Any individuals who believe that they were harassed in connection with their dealings with the First National Bank of Pontotoc, or anyone else who has information concerning this case, should contact the Justice Department's Housing and Civil Enforcement Section at 1-800-896-7743 and select menu option four.

###

06-257

 
 FOR IMMEDIATE RELEASE TUESDAY, NOVEMBER 6, 2007 WWW.USDOJ.GOV

CRT (202) 514-2007 TDD (202) 514-1888

Justice Department Settles Sexual Harassment Lawsuit Against Mississippi Bank and Former Bank Vice President
WASHINGTON – The Justice Department today announced a $350,000 settlement to resolve a lawsuit alleging sexual harassment of female borrowers and loan applicants by a former vice president of the First National Bank of Pontotoc in Mississippi. The lawsuit was the first sexual harassment case brought by the Justice Department under the Equal Credit Opportunity Act.

The lawsuit, filed in 2006 in the U.S. District Court for the Northern District of Mississippi, alleged that William W. Anderson Jr., used his position as a vice president, loan officer, and branch manager of the First National Bank of Pontotoc to sexually harass women in violation of both the Equal Credit Opportunity Act and the Fair Housing Act. Anderson’s conduct included making offensive comments, engaging in unwanted sexual touching, and requesting or demanding sexual favors from female customers in connection with the extension of credit, over a period of years before his employment with the bank ended in May 2004. The lawsuit also alleged that the bank was liable for those actions.

The consent decree, pending approval by the court, will require the defendants to pay $250,000 to 15 already identified victims, up to $50,000 for any additional victims, and $50,000 to the United States as a civil penalty. Under the settlement, employees of the First National Bank of Pontotoc are required to receive training on the prohibition of sexual harassment under federal fair lending laws. The agreement also requires the bank to implement both a sexual harassment policy and a procedure by which an individual may file a sexual harassment complaint against any employee or agent of the First National Bank of Pontotoc.

“Women should be able to seek loans and conduct their credit transactions in an environment free of sexual harassment,” said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. “We are pleased that this settlement will compensate the victims of this egregious conduct and ensure that appropriate fair lending policies and training are in place at the First National Bank of Pontotoc.”

The Equal Credit Opportunity Act and Fair Housing Act together prohibit lending discrimination based on sex, and prohibiting discrimination on other bases, including race, color, religion, and national origin. Since Jan. 1, 2001, the Justice Department’s Civil Rights Division has filed 240 cases to enforce the Fair Housing Act, and nine cases to enforce the Equal Credit Opportunity Act. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt.
Any woman who believes that she was harassed in connection with her dealings with the First National Bank of Pontotoc should contact the Justice Department’s Housing and Civil Enforcement Section at 1-800896-7743 and select menu option four.

###

07-897