Samuel Mickens v. MERCANTILE BANK MORTGAGE COMPANY, LLC, a Michigan Limited Liability Company

NOT RECOMMENDED FOR PUBLICATION
File Name: 17a0530n.06
No. 16-2674
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
SAMUEL MICKENS,
Plaintiff-Appellant,
v.
MERCANTILE BANK MORTGAGE COMPANY,
LLC, a Michigan Limited Liability Company, et al.,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE WESTERN
DISTRICT OF MICHIGAN
BEFORE: NORRIS, SUHRHEINRICH, and GRIFFIN, Circuit Judges.
PER CURIAM. Plaintiff-Appellant Samuel Mickens challenges the district court’s
ruling that his Equal Credit Opportunity Act (ECOA) claims for discriminatory lending practices
against Defendants Mercantile Bank Mortgage Company, LLC and its parent, Mercantile Bank
Corporation (collectively Mercantile) are time-barred under 15 U.S.C. § 1691e(f). The district
court held that the two-year limitations period ran from Mercantile’s last alleged culpable act in
2007, making Mickens’ 2015 filing untimely. The district court also held that Mickens was not
entitled equitable tolling on the facts alleged.
On appeal, Mickens argues that the district court erred by rejecting the discovery rule and
failing to apply equitable tolling, and that as a practical matter this improperly converted
§ 1691e(f) into a statute of repose. We review the motion to dismiss for failure-to-state-a-claim
ruling de novo and, having duly considered the parties’ arguments below and on appeal, we find

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No. 16-2674, Mickens v. Mercantile Bank Mortg. Co., LLC
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that the district court properly disposed of each of his arguments in its well-reasoned opinion
dated October 27, 2016. We therefore AFFIRM the judgment of the district court based on the
analysis set forth in its opinion.

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