Texas Bankers Association v. CFPB

24-40705 | U.S. Court of Appeals, Fifth Circuit

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Filed Oct. 25, 2024
Nature of Suit 2899 Other Statutes
Original Case 7:23-cv-00144
Last Updated: 3 hours ago Show Interactive Timeline
Filing Date # Docket Text
2/7/2025
  • Motion to StayGranted
COURT ORDER granting Motion for stay pending appeal subject to modification at any time, as circumstances may warrant. Deadlines for compliance with the Rule are hereby TOLLED, but only for plaintiffs and intervenors in this case, pending further order. Nothing in this opinion is to be construed as a comment on the ultimate merits of the underlying litigation, filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [9] [24-40705] (MVM) [Entered: 02/07/2025 10:34 AM]
2/6/2025SUPPLEMENTAL REPLY filed by Texas Bankers Association, American Bankers Association and Rio Bank [132] to the Response/Opposition filed by Appellees CFPB and Mr. Rohit Chopra in 24-40705 [129]. Date of Service: 02/06/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants Texas Bankers Association, American Bankers Association and Rio Bank [132] to the Response/Opposition filed by Appellees CFPB and Mr. Rohit Chopra [129]. Date of Service: 02/06/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark. [24-40705] (Robert Mark Loeb ) [Entered: 02/06/2025 01:41 PM]
2/5/2025SUPPLEMENTAL RESPONSE/OPPOSITION [129] filed by CFPB and Mr. Rohit Chopra to the Motion for stay pending appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 [9] Date of Service: 02/05/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by CFPB and Mr. Rohit Chopra [129] to the Motion for stay pending appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9], Motion to stay order filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9], Motion to expedite appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9] Date of Service: 02/05/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark. [24-40705] (Lauren Gorodetsky ) [Entered: 02/05/2025 04:55 PM]
2/5/2025DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Appearance form from attorney Robin Thurston because court order denying motion to intervene. [24-40705] (SR) [Entered: 02/05/2025 09:53 AM]
2/4/2025
  • Motion to InterveneDenied
COURT ORDER denying Motion to intervene [120] filed by RISE Economy and National Association for Latino Community Asset Builders in 24-40705. [24-40705] (RLL) [Entered: 02/04/2025 04:47 PM]
2/3/2025
  • Motion to Intervene
MOTION to intervene filed by RISE Economy and National Association for Latino Community Asset Builders on their own behalf, Date of Service: 02/03/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Rise Economy and the National Association for Latino Asset Builders to intervene , on behalf of Rise Economy and the National Association for Latino Asset Builders. Date of service: 02/03/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark [24-40705] (Robin F. Thurston ) [Entered: 02/03/2025 08:20 PM]
2/3/2025119ORAL ARGUMENT HEARD before Judges Smith, Stewart, Duncan. Arguing Person Information Updated for: Lauren Gorodetsky arguing for Appellee Rohit Chopra; Arguing Person Information Updated for: Robert Mark Loeb arguing for Appellant American Bankers Association, Appellant Rio Bank [24-40705] (SME) [Entered: 02/03/2025 02:08 PM]
2/3/2025STATUS REPORT from Appellees CFPB and Mr. Rohit Chopra regarding oral argument advising court of removal of CFPB Director from his position. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATUS REPORT from Appellee CFPB. Date of Service: 02/03/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark. The next status report is due within 30 days from this date, until the matter is resolved. [24-40705] (Lauren Gorodetsky ) [Entered: 02/03/2025 08:52 AM]
1/30/2025116ATTORNEY NOT PARTICIPATING. Karen S. Bloom is designated as inactive in this case. Reason: Lauren Gorodetsky will handle the appeal for Appellees. [24-40705] (RLL) [Entered: 01/30/2025 12:21 PM]
1/29/2025
  • Motion for ReconsiderationDenied
COURT ORDER denying Motion for reconsideration of the 01/21/2025 court order Motion to intervene. [99] [24-40705] (RLL) [Entered: 01/29/2025 07:56 AM]
1/28/2025
  • Response
RESPONSE/OPPOSITION filed by CFPB and Mr. Rohit Chopra [112] to the Motion for reconsideration [99], Court Order Court directive requesting a response [103] Date of Service: 01/28/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellees: Bloom, Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark. [24-40705] (Lauren Gorodetsky ) [Entered: 01/28/2025 04:23 PM]
1/28/2025
  • Responseby Π
RESPONSE/OPPOSITION [108] to the Court Order Court directive requesting a response to the Motion for reconsideration of the 01/21/2025 court order denying motion to intervene filed by RISE Economy and National Association for Latino Community Asset Builders. [103] Response/Opposition deadline satisfied. Date of Service: 01/28/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by American Bankers Association, Rio Bank and Texas Bankers Association [108] to the Court Order [103], Motion [99] Date of Service: 01/28/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellees: Bloom, Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark. [24-40705] (Robert Mark Loeb ) [Entered: 01/28/2025 11:54 AM]
1/28/2025106Paper copies of Amicus Brief filed by Amici Curiae Responsible Business Lending Coalition, Fresno Community Development Financial Institution, Texas Association of Community Development Corporations, Allies for Community Business, Finanta, Opportunity Finance Network and Great Rivers Community Trust in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [24-40705] (KMP) [Entered: 01/28/2025 09:51 AM]
1/28/2025105Paper copies of Appellant Reply Brief filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [24-40705] (KMP) [Entered: 01/28/2025 09:46 AM]
1/27/2025COURT DIRECTIVE ISSUED requesting a response to the motion for reconsideration of the 01/21/2025 court order denying Motion to intervene filed by RISE Economy and National Association for Latino Community Asset Builders [99]. Response/Opposition due by 5:00pm Central Time, on Tuesday 01/28/2025. [24-40705] (DLJ) [Entered: 01/27/2025 04:23 PM]
1/24/2025
  • Motion for Reconsideration
MOTION for reconsideration of the 01/21/2025 court order denying Motion to intervene [82] [99] [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Aman George, Democracy Forward, Counsel for Proposed Intervenors to intervene , on behalf of Rise Economy and the National Association for Latino Community Asset Builders. Date of service: 01/24/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellees: Bloom, Gorodetsky; Attorney for Amici Curiae: Hayes, Markano-Stark [24-40705] (Aman Tewari George ) [Entered: 01/24/2025 04:38 PM]
1/23/2025ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Ms. Lauren Gorodetsky for Appellees Mr. Rohit Chopra and CFPB [24-40705] (Lauren Gorodetsky ) [Entered: 01/23/2025 11:27 AM]
1/21/2025DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the appearance forms for Rachel Friend and Robin F. Thurston received from Not Parties National Association for Latino Community Asset Builders and RISE Economy because the court has denied the motion to intervene by RISE Economy and National Association of Latino Community Asset Builders. [24-40705] (RLL) [Entered: 01/20/2025 08:54 AM]
1/21/2025
  • Motion to InterveneDenied
COURT ORDER denying Motion to intervene [82] filed by RISE Economy and National Association for Latino Community Asset Builders in 24-40705. [24-40705] (RLL) [Entered: 01/20/2025 07:51 AM]
1/20/202593APPEARANCE FORM FILED by Attorney(s) Lauren Gorodetsky for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-40705 [24-40705] (RA) [Entered: 01/20/2025 11:36 AM]
1/17/2025APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Lauren Gorodetsky ) [Entered: 01/17/2025 03:56 PM]
1/17/2025ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Robert Mark Loeb for Appellants American Bankers Association, Rio Bank and Texas Bankers Association [24-40705] (Robert Mark Loeb ) [Entered: 01/17/2025 03:06 PM]
1/17/2025
  • Motion to Intervene
OPPOSED MOTION to intervene filed by RISE Economy and National Association for Latino Community Asset Builders on their own behalf, Date of Service: 01/17/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by Rise Economy and the National Association for Latino Community Asset Builders to intervene , on behalf of Rise Economy and the National Association for Latino Community Asset Builders (Note: the parties are filing on their own behalf.). Date of service: 01/17/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Bloom; Attorney for Amici Curiae: Hayes, Markano-Stark [24-40705] (Rachel Fried ) [Entered: 01/17/2025 12:05 PM]
1/16/2025
  • Replyby Π
APPELLANT'S REPLY BRIEF FILED by Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. # of Copies Provided: 0
Reply Brief deadline satisfied. Paper Copies of Brief due on 01/21/2025 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by American Bankers Association, Rio Bank and Texas Bankers Association. Date of service: 01/16/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Bloom; Attorney for Amici Curiae: Hayes, Markano-Stark [24-40705] (Robert Mark Loeb ) [Entered: 01/16/2025 04:05 PM]
1/14/2025AMICUS CURIAE BRIEF FILED by Allies for Community Business, Finanta, Fresno Community Development Financial Institution, Great Rivers Community Trust, Opportunity Finance Network, Responsible Business Lending Coalition and Texas Association of Community Development Corporations. Consent is Not Necessary as a Motion has been Granted. # of Copies Provided: 0. Paper Copies of Brief due on 01/21/2025 for Amici Curiae Allies for Community Business, Finanta, Fresno Community Development Financial Institution, Great Rivers Community Trust, Opportunity Finance Network, Responsible Business Lending Coalition and Texas Association of Community Development Corporations. [24-40705] (RLL) [Entered: 01/14/2025 03:42 PM]
1/14/2025
  • Motion to File BriefGranted
COURT ORDER granting Motion to file amicus brief filed by Responsible Business Lending Coalition, Fresno Community Development Financial Institution, Texas Association of Community Development Corporations, Allies for Community Business, Finanta, Opportunity Finance Network and Great Rivers Community Trust [70] filed by Responsible Business Lending Coalition, Fresno Community Development Financial Institution, Texas Association of Community Development Corporations, Allies for Community Business, Finanta, Opportunity Finance Network and Great Rivers Community Trust in 24-40705 [24-40705] (RLL) [Entered: 01/14/2025 03:27 PM]
1/14/202576APPEARANCE FORM FILED by Attorney Stephen Hayes for Not Party Great Rivers Community Trust in 24-40705, Attorney Stephen Hayes for Not Party Opportunity Finance Network in 24-40705, Attorney Stephen Hayes for Not Party Finanta in 24-40705, Attorney Stephen Hayes for Not Party Allies for Community Business in 24-40705, Attorney Stephen Hayes for Not Party Texas Association of Community Development Corporations in 24-40705, Attorney Stephen Hayes for Not Party Fresno Community Development Financial Institution in 24-40705, Attorney Stephen Hayes for Not Party Responsible Business Lending Coalition in 24-40705 [24-40705] (SH) [Entered: 01/14/2025 02:32 PM]
1/14/202575APPEARANCE FORM FILED by Attorney(s) Alessandra Baniel Markano-Stark for party(s) Not Party Responsible Business Lending Coalition Not Party Opportunity Finance Network Not Party Allies for Community Business Not Party Texas Association of Community Development Corporations Not Party Great Rivers Community Trust Not Party Finanta Not Party Fresno Community Development Financial Institution, in case 24-40705 [24-40705] (SH) [Entered: 01/14/2025 02:30 PM]
1/13/2025
  • Motion
UNOPPOSED MOTION by Not Parties Responsible Business Lending Coalition, Fresno Community Development Financial Institution, Texas Association of Community Development Corporations, Allies for Community Business, Finanta, Opportunity Finance Network and Great Rivers Community Trust to file amicus brief in support of Appellees. [70] Date of Service: 01/13/2025. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by The Responsible Business Lending Coalition, Access Plus Capital, the Texas Association of Community Development Corporations, Allies for Community Business, Finanta, Opportunity Finance Network, and Scale Link. to file amicus brief [70] Date of service: 01/13/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Bloom [24-40705] (Stephen Hayes ) [Entered: 01/13/2025 04:52 PM]
1/13/2025APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Stephen Hayes ) [Entered: 01/13/2025 12:57 PM]
1/13/2025APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40705] (Alessandra Baniel Markano-Stark ) [Entered: 01/13/2025 12:49 PM]
1/13/202566Paper copies of Appellee Brief filed by Appellees CFPB and Mr. Rohit Chopra in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [24-40705] (KMP) [Entered: 01/13/2025 08:51 AM]
1/10/202565ATTORNEY NOT PARTICIPATING. Kevin E. Friedl is designated as inactive in this case. Reason:co-counsel Karen S. Bloom will handle the appeal for Appellees. [24-40705] (RLL) [Entered: 01/10/2025 09:40 AM]
1/7/202564APPEARANCE FORM FILED by Attorney Kevin E. Friedl for Appellee Rohit Chopra in 24-40705, Attorney Kevin E. Friedl for Appellee CFPB in 24-40705 Sufficient Brief deadline satisfied [24-40705] (RA) [Entered: 01/07/2025 01:03 PM]
1/7/2025APPEARANCE FORM received from Mr. Kevin E. Friedl for Mr. Rohit Chopra and CFPB for the court's review. Lead Counsel? No. [24-40705] (Kevin E. Friedl ) [Entered: 01/07/2025 12:40 PM]
1/7/202561APPEARANCE FORM FILED by Attorney(s) Karen S. Bloom for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-40705 [24-40705] (SH) [Entered: 01/07/2025 08:03 AM]
1/6/2025SUFFICIENT APPELLEE'S BRIEF FILED. Apperance form filed by attorney Kevin E. Friedl. Sufficient brief deadline cancelled. Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief. # of Copies Provided: 0 E/Res's Brief deadline satisfied. Sufficient Brief due on 01/21/2025 for Appellees Rohit Chopra and Consumer Financial Protection Bureau.. Paper Copies of Brief due on 01/13/2025 for Appellees Rohit Chopra and Consumer Financial Protection Bureau. [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by CFPB and Mr. Rohit Chopra. Date of service: 01/06/2025 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Kevin E. Friedl ) [Entered: 01/06/2025 07:55 PM]
1/6/2025APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Karen S. Bloom ) [Entered: 01/06/2025 06:09 PM]
12/6/202457Paper copies of Record Excerpts filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [24-40705] (KMP) [Entered: 12/06/2024 12:17 PM]
12/6/202456Paper copies of Appellant Brief filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [24-40705] (KMP) [Entered: 12/06/2024 12:17 PM]
12/3/2024RECORD EXCERPTS FILED by Appellants Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. # of Copies Provided: 0 Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 12/09/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants American Bankers Association, Rio Bank and Texas Bankers Association. Date of service: 12/03/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 12/03/2024 04:30 PM]
12/3/2024APPELLANT'S BRIEF FILED by Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. # of Copies Provided: 0
A/Pet's Brief deadline satisfied. Record Excerpts due on 12/17/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. Paper Copies of Brief due on 12/09/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by American Bankers Association, Rio Bank and Texas Bankers Association. Date of service: 12/03/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 12/03/2024 04:28 PM]
11/21/202453APPEARANCE FORM FILED by Attorney Sarah Johnson Auchterlonie for Appellant Cornerstone Credit Union League in 24-40705, Attorney Sarah Johnson Auchterlonie for Appellant Credit Union National Association in 24-40705, Attorney Sarah Johnson Auchterlonie for Appellant Rally Credit Union in 24-40705 [24-40705] (SH) [Entered: 11/21/2024 04:09 PM]
11/20/202452APPEARANCE FORM FILED by Attorney Owen Colin Babcock for Appellant Equipment Leasing and Finance Association in 24-40705, Attorney Owen Colin Babcock for Appellant XL Funding, L.L.C. in 24-40705 [24-40705] (SH) [Entered: 11/20/2024 04:09 PM]
11/20/2024APPEARANCE FORM received from Mr. Owen Colin Babcock for Equipment Leasing and Finance Association and XL Funding, L.L.C. for the court's review. Lead Counsel? Yes. [24-40705] (Owen Colin Babcock ) [Entered: 11/20/2024 06:34 AM]
11/19/2024APPEARANCE FORM received from Ms. Sarah Johnson Auchterlonie, Esq. for Cornerstone Credit Union League, Credit Union National Association and Rally Credit Union for the court's review. Lead Counsel? Yes. [24-40705] (Sarah Johnson Auchterlonie ) [Entered: 11/19/2024 08:19 PM]
11/19/2024
  • Replyby Π
REPLY filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [48] to the Motion for stay pending appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 [9]. Date of Service: 11/19/2024. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants American Bankers Association, Rio Bank and Texas Bankers Association [48] to the Response/Opposition filed by Appellees CFPB and Mr. Rohit Chopra [45]. Date of Service: 11/19/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl. [24-40705] (Robert Mark Loeb ) [Entered: 11/19/2024 02:06 PM]
11/12/2024EXHIBITS IN SUPPORT of Response/Opposition [45] Date of Service: 11/12/2024 [24-40705]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: ADDENDUM TO BRIEF FILED by Appellees CFPB and Mr. Rohit Chopra Date of Service: 11/12/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Kevin E. Friedl ) [Entered: 11/12/2024 08:23 PM]
11/12/2024
  • Response
RESPONSE/OPPOSITION filed by CFPB and Mr. Rohit Chopra [45] to the Motion for stay pending appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9], Motion to stay order filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9], Motion to expedite appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [9] Date of Service: 11/12/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl. [24-40705] (Kevin E. Friedl ) [Entered: 11/12/2024 07:56 PM]
11/6/2024STATEMENT OF ISSUES FILED by Appellants American Bankers Association, Texas Bankers Association, Rio Bank, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATEMENT OF ISSUES FILED by Appellants American Bankers Association, Texas Bankers Association and Rio Bank. Date of Service: 11/06/2024 via US mail - Attorney for Appellant: Auchterlonie; email - Attorney for Appellants: Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 11/06/2024 06:46 PM]
10/31/2024CASE CALENDARED for oral argument on Monday, 02/03/2025 at 2:00 P.M. in the East Courtroom, Room 223, of the Wisdom Courthouse in New Orleans. Courtroom Deputy: Shirley Engelhardt [24-40705] (KMP) [Entered: 10/31/2024 03:10 PM]
10/31/2024BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 12/03/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. Appellee's Brief due on 01/06/2025 for Appellees Rohit Chopra and Consumer Financial Protection Bureau.. Reply Brief due on 01/16/2025 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (RLL) [Entered: 10/31/2024 02:41 PM]
10/31/2024
  • Motion to StayDenied
COURT ORDER: IT IS ORDERED that the motion for a temporary administrative stay is DENIED. The motion for a stay pending appeal remains pending. This merits panel sets the following expedited briefing schedule: The appellants' opening brief is due December 3, 2024. The appellees' brief is due January 6, 2025. The appellants' reply brief is due January 16, 2025. Oral argument will be heard February 3, 2025, at 2:00 p.m., 30 minutes per side. [9] [24-40705] (RLL) [Entered: 10/31/2024 02:27 PM]
10/31/202437ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [24-40705] (RLL) [Entered: 10/31/2024 02:18 PM]
10/31/202436APPEARANCE FORM FILED by Attorney John Clay Sullivan for Appellant American Bankers Association in 24-40705, Attorney John Clay Sullivan for Appellant Rio Bank in 24-40705, Attorney John Clay Sullivan for Appellant Texas Bankers Association in 24-40705. [24-40705] (RLL) [Entered: 10/31/2024 01:22 PM]
10/31/202435ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 7:23-CV-144. Electronic ROA due on 11/15/2024. [24-40705] (RLL) [Entered: 10/31/2024 01:08 PM]
10/31/2024TRANSCRIPT ORDER received advising transcript unnecessary for appeal purposes. Transcript Order ddl satisfied. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants American Bankers Association, Rio Bank and Texas Bankers Association advising transcript unnecessary for appeal purposes. Date of Service: 10/31/2024 via US mail - Attorney for Appellant: Auchterlonie; email - Attorney for Appellants: Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (John Clay Sullivan ) [Entered: 10/31/2024 12:16 PM]
10/31/2024APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40705] (John Clay Sullivan ) [Entered: 10/31/2024 12:09 PM]
10/31/202430APPEARANCE FORM FILED by Attorney(s) Erica Nicole Peterson for party(s) Appellant Texas First Bank Appellant Independent Community Bankers of America Appellant Independent Bankers Association of Texas, in case 24-40705 [24-40705] (SH) [Entered: 10/31/2024 10:58 AM]
10/31/202429APPEARANCE FORM FILED by Attorney(s) Elbert Lin for party(s) Appellant Texas First Bank Appellant Independent Community Bankers of America Appellant Independent Bankers Association of Texas, in case 24-40705 [24-40705] (SH) [Entered: 10/31/2024 10:55 AM]
10/31/2024APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40705] (Erica Nicole Peterson ) [Entered: 10/31/2024 10:35 AM]
10/31/2024APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Elbert Lin ) [Entered: 10/31/2024 10:32 AM]
10/31/2024
  • Order
COURT ORDER carrying with the case Motion for stay pending appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [9]; carrying with the case Motion to stay order filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [9]; granting Motion to expedite appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association. [9] [24-40705] (RLL) [Entered: 10/31/2024 08:44 AM]
10/30/2024INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [21] Initial AA Check Due satisfied. Transcript order due on 11/14/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (RLL) [Entered: 10/30/2024 04:51 PM]
10/30/202419APPEARANCE FORM FILED by Attorney(s) Robert Mark Loeb for party(s) Appellant Rio Bank Appellant American Bankers Association Appellant Texas Bankers Association, in case 24-40705 [24-40705] (TST) [Entered: 10/30/2024 04:46 PM]
10/30/2024LETTER OF ADVISEMENT. Reason: advising of after hours filing procedures [24-40705] (RLL) [Entered: 10/30/2024 03:17 PM]
10/30/2024EXHIBITS IN SUPPORT of Motion for stay pending appeal [9], Motion to stay order [9], Motion to expedite appeal [9] filed by Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. Date of Service: 10/30/2024 [24-40705] (RLL) [Entered: 10/30/2024 02:54 PM]
10/30/202412DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the exhibits in support of brief received from Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. because document was incorrectly filed as addendum to brief; clerk will correctly file as exhibits in support of motion for stay pending appeal. [24-40705] (RLL) [Entered: 10/30/2024 02:53 PM]
10/30/2024
  • Motionby Π
OPPOSED MOTION filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. for stay pending appeal. [9] Ruling is requested ASAP but no later than 11/12/2024, to stay order [9], to expedite the appeal [9]. Date of service: 10/30/2024. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Rio Bank and Texas Bankers Association for stay pending appeal [9] Ruling is requested by: 11/12/2024. Date of service: 10/30/2024 via US mail - Attorney for Appellants: Auchterlonie, Babcock; email - Attorney for Appellants: Bowen, Loeb, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 10/30/2024 01:58 PM]
10/30/20247CASE CAPTION updated. Party information modified for Rally Credit Union, Credit Union National Association and Cornerstone Credit Union League in 24-40705. Update: The District Court docket incorrectly listed the parties as Movants. The lower part type has been corrected to designate the parties as Intervenors. [24-40705] (DLJ) [Entered: 10/30/2024 10:08 AM]
10/27/2024APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Robert Mark Loeb ) [Entered: 10/27/2024 12:46 PM]
10/25/2024US CIVIL CASE docketed. NOA filed by Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (DLJ) [Entered: 10/25/2024 12:51 PM]