Case: Consumer Financial Protection Bureau v. Nexus Services, Inc.

5:21-cv-00016 | U.S. District Court for the Western District of Virginia

Filed Date: Feb. 22, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case relates to Nexus Services, Inc.'s predatory consumer practices towards detainees in United States custody through one of its subsidiaries, Libre by Nexus (collectively "Nexus"). On February 22, 2021, The Consumer Financial Protection Bureau ("CFPB"), along with Virginia, Massachusetts, and New York (collectively "the States," and together with the CFPB, "the Plaintiffs"), filed this lawsuit in United States District Court for the Western District of Virginia. It was assigned to Distri…

This case relates to Nexus Services, Inc.'s predatory consumer practices towards detainees in United States custody through one of its subsidiaries, Libre by Nexus (collectively "Nexus"). On February 22, 2021, The Consumer Financial Protection Bureau ("CFPB"), along with Virginia, Massachusetts, and New York (collectively "the States," and together with the CFPB, "the Plaintiffs"), filed this lawsuit in United States District Court for the Western District of Virginia. It was assigned to District Judge Elizabeth K. Dillon. The CFPB sued Nexus and its executives under §§ 1031, 1036, and 1054 of the Consumer Financial Protection Act ("CFPA") and 12 U.S.C. §§ 5531, 5536, 5564. The States sued under § 1042 of the CFPA, 12 U.S.C. § 5552, which authorizes state attorneys general to bring civil actions to enforce provisions of the CFPA. The States also sued Nexus under their respective state laws. Represented by CFPB staff attorneys and the States' Attorneys General, the Plaintiffs sought injunctive relief, payments for damages and restitution, disgorgement, civil money penalties, and attorney's fees.

Nexus provides an intermediary service between detainees and the parties involved in their release from U.S. custody. In essence, Nexus contracts with detainees and their families and then instructs a bond agent to post their bond. In exchange for this service, Nexus requires detainees to pay an upfront fee, make monthly payments, and wear G.P.S. tracking devices for the duration of their contract. The Plaintiffs allege that, in conducting its service, Nexus engages in several predatory consumer practices, including (1) creating the false impression that it directly pays cash for immigrations bond, thus establishing a debtor-debtee relationship, (2) deceptively threatening detainees and their families, (3) abusively using English in their contracts, (4) falsely claiming to offer free legal services, (5) fraudulently charging for services they are unable to provide, and (6) neglecting to return collateral funds to clients.

Nexus filed a motion to dismiss for lack of subject matter jurisdiction on March 1, 2021 and a motion to stay on March 31, 2021. Nexus withdrew the motion to stay later that year, on June 22. The motion to dismiss was denied on March 22, 2022. 2022 WL 848065. In the order, the court found that the court had federal question jurisdiction because the plaintiffs brought the claim under a federal law, the CFPA. The defendants argued that the CFPB could not enforce the CFPA against them based on multiple statutory exceptions, but the court held that this issue did not implicate its subject matter jurisdiction. The court also chose to exercise supplemental jurisdiction over the state law claims. On June 6, 2022, the Plaintiffs filed an oral motion for attorney's fees, but the court denied the motion as premature on June 8, 2022. 

On July 19, 2022, the Plaintiffs moved for a contempt order, arguing that the Defendants had failed to obey a discovery order. They recommended that the court order the Defendants to pay a $5,000 fine per day until they complied with the discovery order, and requested reasonable expenses, including attorney's fees. On February 7, 2023, the court ordered that the Defendants show cause to why they should not be held in contempt. The magistrate judge recommended that the Defendants Nexus Services and Libre by Nexus pay a fine of $1,000 per day upon further noncompliance and that various individual defendants pay a $500 daily fine for noncompliance. The magistrate judge also recommended that the court grant the Plaintiffs’ request for attorney's fees and costs.

On May 1, 2023, the Defendants moved for judgment on the pleadings. This motion was later mooted by the May 11, 2023 default judgment against the Defendants wherein the court found each defendant in civil contempt of court. 2023 WL 3375596. On May 24, 2023, the Defendants submitted a request for reconsideration of that default judgment or in the alternative, a request for amendment of the May 11 order to certify two legal issues for interlocutory appeal. The following month, on June 23, the Plaintiffs asked the court to impose evidentiary sanctions on the Defendants and grant injunctive and monetary relief.

The Defendants’ reconsideration request was denied in an August 7, 2023 order. 2023 WL 5019529. In that order, the court discussed the Defendants’ contempt of court, inability to retain counsel, and other forms of general obfuscation as reasons to deny the reconsideration. Further, the court discussed that the Defendants’ motion for reconsideration was not filed timely. The court additionally denied the Defendants’ motion for an interlocutory appeal, stating that the May 11th order did not rule on any of the issues that the Defendants asked to appeal.  

On August 10, 2023, the Defendants appealed the August 7, 2023 order to the U.S. Court of Appeals for the Fourth Circuit. Later that month, on August 15, the Fourth Circuit denied the Defendants’ motion for a stay or an injunction while the appeal was pending.

As of February 4, 2024, this case is ongoing.

Summary Authors

Richard Cantoral (10/8/2021)

Samantha Houghton (1/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59671249/parties/consumer-financial-protection-bureau-v-nexus-services-inc/


Judge(s)
Attorney for Plaintiff

Ashwell, Erin B (Virginia)

Azia, Jane (New York)

Attorney for Defendant

Bayles, David Grant (California)

Bowser, Adam Daniel (Virginia)

Expert/Monitor/Master/Other

Briggman, David B. (Virginia)

show all people

Documents in the Clearinghouse

Document

5:21-cv-00016

Docket (PACER)

Consumer Financial Protection Bureau et al v. Nexus Services, Inc.

Sept. 17, 2021

Sept. 17, 2021

Docket
1

5:21-cv-00016

Complaint

Feb. 22, 2021

Feb. 22, 2021

Complaint
108

5:21-cv-00016

Memorandum Opinion

March 22, 2022

March 22, 2022

Order/Opinion
129

5:21-cv-00016

Order on Motion for Attorney Fees

June 8, 2022

June 8, 2022

Order/Opinion
181

5:21-cv-00016

Order on Motion to Show Cause AND Order on Motion for Sanctions

Feb. 7, 2023

Feb. 7, 2023

Order/Opinion
201

5:21-cv-00016

Memorandum Opinion

May 11, 2023

May 11, 2023

Order/Opinion
226

5:21-cv-00016

Order on Motion for Certificate of Appealability AND Order on Motion for Reconsideration

Aug. 7, 2023

Aug. 7, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59671249/consumer-financial-protection-bureau-v-nexus-services-inc/

Last updated Feb. 23, 2024, 4:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc., filed by Consumer Financial Protection Bureau, The People of the State of New York, Commonwealth of Virginia, Commonwealth of Massachusetts. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to CCS)(jv)

1 Civil Cover Sheet

View on RECAP

2 Attachment to CCS

View on PACER

Feb. 22, 2021

Feb. 22, 2021

Clearinghouse
2

MOTION for Jon Burke to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3633401. by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order In Support of Motion For Admission Pro Hac Vice)(Sovinsky, Stephen)

Feb. 22, 2021

Feb. 22, 2021

PACER
3

MOTION for Jane Azia to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3633412. by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order In Support of Motion For Admission Pro Hac Vice)(Sovinsky, Stephen)

Feb. 22, 2021

Feb. 22, 2021

PACER
4

MOTION for Stewart Dearing to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3633418. by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order In Support of Motion For Admission Pro Hac Vice)(Sovinsky, Stephen)

Feb. 22, 2021

Feb. 22, 2021

PACER
5

MOTION for Joseph Mueller to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3633424. by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order In Support of Motion For Admission Pro Hac Vice)(Sovinsky, Stephen)

Feb. 22, 2021

Feb. 22, 2021

PACER
6

MOTION for Laura Levine to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3633425. by Commonwealth of Virginia. (Attachments: # 1 Text of Proposed Order In Support of Motion For Admission Pro Hac Vice)(Sovinsky, Stephen)

Feb. 22, 2021

Feb. 22, 2021

PACER

Erin Boyd Ashwell, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER
7

ORDER granting 2 MOTION to Appear Pro Hac Vice; Attorney Jon Burke. Signed by Judge Elizabeth K. Dillon on 2/22/2021. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER
8

ORDER granting 3 MOTION to Appear Pro Hac Vice; Attorney Jane Azia. Signed by Judge Elizabeth K. Dillon on 2/22/2021. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER
9

ORDER granting 4 MOTION to Appear Pro Hac Vice; Attorney Stewart Dearing. Signed by Judge Elizabeth K. Dillon on 2/22/2021. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER
10

ORDER granting 5 MOTION to Appear Pro Hac Vice; Attorney Joseph Mueller. Signed by Judge Elizabeth K. Dillon on 2/22/2021. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER
11

ORDER granting 6 MOTION to Appear Pro Hac Vice; Attorney Laura Levine. Signed by Judge Elizabeth K. Dillon on 2/22/2021. (jv)

Feb. 22, 2021

Feb. 22, 2021

PACER

Attorney - Updating Contact Information

Feb. 22, 2021

Feb. 22, 2021

PACER
12

NOTICE of Appearance by Stewart Dearing on behalf of The People of the State of New York (Dearing, Stewart)

Feb. 23, 2021

Feb. 23, 2021

PACER
13

NOTICE of Appearance by Joseph Pirc Mueller on behalf of The People of the State of New York (Mueller, Joseph)

Feb. 23, 2021

Feb. 23, 2021

PACER
14

NOTICE of Appearance by Jane Melissa Azia on behalf of The People of the State of New York (Azia, Jane)

Feb. 23, 2021

Feb. 23, 2021

PACER
15

NOTICE of Appearance by Jonathan T. Burke on behalf of Commonwealth of Massachusetts (Burke, Jonathan)

Feb. 23, 2021

Feb. 23, 2021

PACER
16

NOTICE of Appearance by Laura Levine on behalf of The People of the State of New York (Levine, Laura)

Feb. 24, 2021

Feb. 24, 2021

PACER
17

NOTICE of Appearance by Mario Bernard Williams on behalf of Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. (Williams, Mario)

March 1, 2021

March 1, 2021

PACER
18

MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Exhibit Arbitration Award 1, # 2 Exhibit Arbitration Award 2, # 3 Exhibit Arbitration Award 3, # 4 Exhibit California BOI Agreement, # 5 Exhibit Virginia Settlement Order, # 6 Exhibit Virginia Complaint, # 7 Exhibit Affidavit)(Williams, Mario)

1 Exhibit Arbitration Award 1

View on PACER

2 Exhibit Arbitration Award 2

View on PACER

3 Exhibit Arbitration Award 3

View on PACER

4 Exhibit California BOI Agreement

View on PACER

5 Exhibit Virginia Settlement Order

View on PACER

6 Exhibit Virginia Complaint

View on PACER

7 Exhibit Affidavit

View on PACER

March 1, 2021

March 1, 2021

RECAP
19

Magistrate Consent Notice to Parties. Click here to access the Consent Form (jv)

March 2, 2021

March 2, 2021

PACER
20

Notice of Filing Requirement to Libre by Nexus, Inc., Nexus Services, Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (jv)

March 2, 2021

March 2, 2021

PACER
21

Positive Corporate Disclosure Statement by Libre by Nexus, Inc., Nexus Services, Inc. identifying Corporate Parent Nexus Services, Inc. for Libre by Nexus, Inc., Nexus Services, Inc.. (Williams, Mario)

March 2, 2021

March 2, 2021

RECAP

E-Magistrate Consent Notice to Parties

March 2, 2021

March 2, 2021

PACER

Notice of Requirement - Corporate Disclosure Statement

March 2, 2021

March 2, 2021

PACER
22

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction . filed by Commonwealth of Massachusetts, Consumer Financial Protection Bureau, The People of the State of New York. (Nguyen, Hai Binh)

March 15, 2021

March 15, 2021

PACER
23

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction . filed by Commonwealth of Virginia. (Sovinsky, Stephen)

March 15, 2021

March 15, 2021

PACER
24

Scheduling Letter (bwd)

March 18, 2021

March 18, 2021

PACER

Erin Ashwell, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (kld)

March 22, 2021

March 22, 2021

PACER
25

Consent MOTION for Extension of Time to File Response/Reply by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

March 22, 2021

March 22, 2021

PACER

Attorney - Updating Contact Information

March 22, 2021

March 22, 2021

PACER
26

Oral ORDER granting 25 Motion for Extension of Time to File Response/Reply, Responses due by 3/26/2021. Entered by Judge Elizabeth K. Dillon on March 23, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mf)

March 23, 2021

March 23, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

March 23, 2021

March 23, 2021

PACER
27

WAIVER OF SERVICE Returned Executed by Consumer Financial Protection Bureau. Evan Ajin waiver sent on 2/23/2021, answer due 4/26/2021; Micheal Donovan waiver sent on 2/23/2021, answer due 4/26/2021; Libre by Nexus, Inc. waiver sent on 2/23/2021, answer due 4/26/2021; Richard Moore waiver sent on 2/23/2021, answer due 4/26/2021; Nexus Services, Inc. waiver sent on 2/23/2021, answer due 4/26/2021.(Nguyen, Hai Binh)

March 26, 2021

March 26, 2021

PACER
28

REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction . filed by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Williams, Mario)

March 26, 2021

March 26, 2021

PACER
29

MOTION for John M. Shoreman to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3663376. by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

March 29, 2021

March 29, 2021

PACER
30

NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for May 24, 2021 at 1:00 PM by telephone conference call before Judge Elizabeth K. Dillon. (Chambers sent the dial-in information to the parties by email.)(mf)

March 30, 2021

March 30, 2021

PACER

Notice of Hearing

March 30, 2021

March 30, 2021

PACER
31

Withdrawn on 6/22/2021 per Oral Order at doc# 44 MOTION to Stay by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Williams, Mario) Modified on 6/22/2021 (jv).

March 31, 2021

March 31, 2021

PACER
32

RESPONSE in Opposition re 31 MOTION to Stay . filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Consumer Financial Protection Bureau, The People of the State of New York. (Gordon, Donald)

April 8, 2021

April 8, 2021

PACER
33

NOTICE of Hearing on Motion 31 MOTION to Stay, 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction : (CR) (No Interpreter requested) (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings) Motion Hearing set for May 24, 2021 at 1:00 PM in via Zoom before Judge Elizabeth K. Dillon. (mf)

April 13, 2021

April 13, 2021

PACER
34

Oral ORDER granting 29 MOTION to Appear Pro Hac Vice; Attorney John M. Shoreman for Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, and Nexus Services, Inc. added. Entered by Judge Elizabeth K. Dillon on 4/13/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv)

April 13, 2021

April 13, 2021

PACER

Notice of Hearing on Motion

April 13, 2021

April 13, 2021

PACER

Order on Motion to Appear Pro Hac Vice

April 13, 2021

April 13, 2021

PACER
35

REPLY to Response to Motion re 31 MOTION to Stay . filed by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Williams, Mario)

April 15, 2021

April 15, 2021

PACER
36

MOTION to Continue May 24, 2021 Hearing and Rule 16 Conference by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

1 Text of Proposed Order

View on PACER

May 21, 2021

May 21, 2021

RECAP
37

Oral ORDER granting 36 Motion to Continue. Entered by Judge Elizabeth K. Dillon on May 24, 2021. (Chambers will work with the parties to reschedule this hearing.) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mf)

May 24, 2021

May 24, 2021

PACER

Order on Motion to Continue

May 24, 2021

May 24, 2021

PACER
38

NOTICE of Hearing on Motion 31 MOTION to Stay, 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction : (CR) (No Interpreter requested) (Click on this link for guidance for participation via Zoom and Click on this link for instructions on how to listen to public hearings)and Rule 16 Conference ----- Motion Hearing set for June 22, 2021 at 1:00 PM via Zoom before Judge Elizabeth K. Dillon. (mf)

June 1, 2021

June 1, 2021

PACER

Notice of Hearing on Motion

June 1, 2021

June 1, 2021

PACER
39

MOTION to Withdraw as Attorney by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Williams, Mario)

1 Text of Proposed Order

View on PACER

June 21, 2021

June 21, 2021

RECAP
40

MOTION to Withdraw as Attorney by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Shoreman, John)

1 Text of Proposed Order

View on PACER

June 21, 2021

June 21, 2021

RECAP
41

REPORT of Rule 26(f) Planning Meeting (Witte, Erin)

June 22, 2021

June 22, 2021

PACER
42

Consent MOTION for Protective Order and Order Regarding Discovery of Electronically Stored Information by Commonwealth of Virginia. (Attachments: # 1 Exhibit Stipulated Protective Order, # 2 Exhibit Stipulated ESI Order)(Witte, Erin)

June 22, 2021

June 22, 2021

PACER
43

Minute Entry for proceedings held before Judge Elizabeth K. Dillon: Motion Hearing held on 6/22/2021 re 31 MOTION to Stay filed by Evan Ajin, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc., Micheal Donovan, 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Evan Ajin, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc., Micheal Donovan. (Court Reporter: L. Blair) (bwd)

June 22, 2021

June 22, 2021

PACER
44

Oral ORDER withdrawing 31 Motion to Stay Case Entered by Judge Elizabeth K. Dillon on 6/22/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(bwd)

June 22, 2021

June 22, 2021

PACER

Order on Motion to Stay

June 22, 2021

June 22, 2021

PACER
45

RESPONSE in Opposition re 39 MOTION to Withdraw as Attorney . filed by Commonwealth of Virginia. (Witte, Erin)

July 2, 2021

July 2, 2021

RECAP
46

RESPONSE in Opposition re 40 MOTION to Withdraw as Attorney . filed by Commonwealth of Virginia. (Witte, Erin)

July 2, 2021

July 2, 2021

PACER
47

Second MOTION to Withdraw as Attorney as to Mario B. Williams and John M. Shoreman by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Shoreman, John)

July 14, 2021

July 14, 2021

PACER
48

RESPONSE in Opposition re 47 Second MOTION to Withdraw as Attorney as to Mario B. Williams and John M. Shoreman . filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Consumer Financial Protection Bureau, The People of the State of New York. (Dearing, Stewart)

July 16, 2021

July 16, 2021

RECAP
49

Oral ORDER granting 42 Motion for Protective Order. Entered by Judge Elizabeth K. Dillon on 8/6/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv)

Aug. 6, 2021

Aug. 6, 2021

PACER
50

STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Elizabeth K. Dillon on 8/6/2021. (jv)

Aug. 6, 2021

Aug. 6, 2021

RECAP
51

STIPULATED PROTECTIVE ORDER. Signed by Judge Elizabeth K. Dillon on 8/6/2021. (jv)

Aug. 6, 2021

Aug. 6, 2021

PACER

Order on Motion for Protective Order

Aug. 6, 2021

Aug. 6, 2021

PACER
52

NOTICE of Appearance by Samantha Katie Collins on behalf of All Defendants (Collins, Samantha)

Aug. 16, 2021

Aug. 16, 2021

RECAP
53

MOTION for J.H. Jennifer Lee to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3767620. by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Collins, Samantha)

Aug. 16, 2021

Aug. 16, 2021

PACER
54

MOTION for David G. Bayles to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3767642. by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Collins, Samantha)

1 Text of Proposed Order

View on PACER

Aug. 16, 2021

Aug. 16, 2021

RECAP
55

Oral ORDER granting 53 MOTION for J.H. Jennifer Lee to Appear Pro Hac Vice; granting 54 MOTION for David G. Bayles to Appear Pro Hac Vice. Entered by Judge Elizabeth K. Dillon on 8/23/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv)

Aug. 23, 2021

Aug. 23, 2021

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Aug. 23, 2021

Aug. 23, 2021

PACER
56

NOTICE of Appearance by David Grant Bayles on behalf of All Defendants (Bayles, David)

Aug. 24, 2021

Aug. 24, 2021

PACER
57

NOTICE of Appearance by J.H. Jennifer Lee on behalf of All Defendants (Lee, J.H. Jennifer)

Aug. 24, 2021

Aug. 24, 2021

PACER
58

TRANSCRIPT REQUEST (Hourly Service) by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. for Hearings on Motion to Dismiss & Motion to Stay held on 6/22/2021 reported by Court Reporter L. Blair before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Bayles, David)

Sept. 1, 2021

Sept. 1, 2021

PACER
59

Financial arrangements made (Original) (Daily Service) re 58 Transcript Request, Transcript due by 9/3/2021. (lmb)

Sept. 2, 2021

Sept. 2, 2021

PACER
60

TRANSCRIPT of Proceedings: Motions (EXCERPT FROM TRANSCRIPT OF OPENING STATEMENTS AND MOTION TO STAY) held on 6/22/21 before Judge Dillon. Court Reporter/Transcriber Lisa Blair, Telephone number 434.409.4575. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/23/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/1/2021. (lmb) Correction made to docket text. Modified on 9/2/2021 (sad).

Sept. 2, 2021

Sept. 2, 2021

PACER
61

TRANSCRIPT REQUEST (Hourly Service) by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. for Hearings on Motion to Dismiss & Motion to Stay held on 6/22/2021 reported by Court Reporter L. Blair before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Bayles, David) Duplicate entry. Modified on 9/2/2021 (sad).

Sept. 2, 2021

Sept. 2, 2021

PACER
62

TRANSCRIPT REQUEST (14 calendar days Service) by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. for Hearings on Motion to Dismiss & Motion to Stay held on 6/22/2021 reported by Court Reporter L. Blair before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Bayles, David)

Sept. 2, 2021

Sept. 2, 2021

PACER

Financial Arrangements Made

Sept. 2, 2021

Sept. 2, 2021

PACER
63

Financial arrangements made (Original) (14 calendar days Service) re 62 Transcript Request, Transcript due by 9/17/2021. (lmb)

Sept. 3, 2021

Sept. 3, 2021

PACER
64

TRANSCRIPT of Proceedings: Motions held on 6/22/2021 before Judge Dillon. Court Reporter/Transcriber Lisa Blair, Telephone number 434.409.4575. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/24/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/2/2021. (lmb) Correction made to hearing date. Modified on 9/3/2021 (sad).

Sept. 3, 2021

Sept. 3, 2021

PACER

Financial Arrangements Made

Sept. 3, 2021

Sept. 3, 2021

PACER
65

NOTICE of Hearing: (CR) (No Interpreter requested) Bench Trial set for January 30 through February 17, 2023 at 9:30 AM in Harrisonburg before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf)

Sept. 13, 2021

Sept. 13, 2021

PACER
66

SCHEDULING ORDER:( Bench Trial set for 1/30/2023 - 2/17/2023 09:30 AM in Harrisonburg before Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.), CASE REFERRED to Magistrate Judge Joel C. Hoppe. Motions referred to Joel C. Hoppe.. Signed by Judge Elizabeth K. Dillon on 9/13/2021. (jv)

Sept. 13, 2021

Sept. 13, 2021

PACER
67

MOTION to Stay Discovery and, MOTION to Quash Third Party Subpoenas by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc.. Motions referred to Judge Joel C. Hoppe. (Attachments: # 1 Declaration in Support to Revived Motion To Stay Discovery And Motion To Quash Third-Party Subpoenas)(Lee, J.H. Jennifer)

Sept. 13, 2021

Sept. 13, 2021

PACER

Notice of Hearing

Sept. 13, 2021

Sept. 13, 2021

PACER
68

Declaration re 67 MOTION to Stay Discovery and MOTION to Quash Third Party Subpoenas CORRECTED Declaration of Micheal Donovan by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. (Lee, J.H. Jennifer)

Sept. 14, 2021

Sept. 14, 2021

PACER
69

TRANSCRIPT REQUEST (Daily Service) Hai Binh Nguyen by Consumer Financial Protection Bureau for Hearing for Motion to Dismiss and Stay held on 6/22/2021 reported by Court Reporter Lisa Blair before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Nguyen, Hai Binh)

Sept. 16, 2021

Sept. 16, 2021

PACER
70

Financial arrangements made (Copy) (Daily Service) re 69 Transcript Request, Transcript due by 9/20/2021. (lmb)

Sept. 17, 2021

Sept. 17, 2021

PACER
71

Transcript Copy Delivered re 69 Transcript Request, (lmb)

Sept. 17, 2021

Sept. 17, 2021

PACER

Financial Arrangements Made

Sept. 17, 2021

Sept. 17, 2021

PACER

Transcript Copy Delivered

Sept. 17, 2021

Sept. 17, 2021

PACER
72

NOTICE of Hearing: (CR) Status Conference set for September 23, 2021 at 10:00 AM by telephone conference before Judge Elizabeth K. Dillon. (The parties anticipate needing 30 minutes for this conference and chambers sent the dial-in information to the parties by email.)(mf)

Sept. 20, 2021

Sept. 20, 2021

PACER

Notice of Hearing

Sept. 20, 2021

Sept. 20, 2021

PACER
73

Minute Entry for proceedings held before Judge Elizabeth K. Dillon: Status Conference held via conference call on 9/23/2021. (Court Reporter: J. Meyer) (bwd)

Sept. 23, 2021

Sept. 23, 2021

PACER
74

TRANSCRIPT REQUEST (14 calendar days Service) by Evan Ajin, Micheal Donovan, Libre by Nexus, Inc., Richard Moore, Nexus Services, Inc. for Status Conference held on 09/23/2021 reported by Court Reporter J. Meyer before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Bayles, David)

Sept. 23, 2021

Sept. 23, 2021

PACER
75

TRANSCRIPT REQUEST (14 calendar days Service) by The People of the State of New York for Status Conference held on 9/23/2021 reported by Court Reporter J. Meyer before Judge Hon. Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Mueller, Joseph)

Sept. 24, 2021

Sept. 24, 2021

PACER
76

Brief / Memorandum in Opposition re 67 MOTION to Stay Discovery and MOTION to Quash Third Party Subpoenas . filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Consumer Financial Protection Bureau, The People of the State of New York. (Mueller, Joseph)

Sept. 27, 2021

Sept. 27, 2021

PACER
77

Declaration of Hai Binh T. Nguyen by Commonwealth of Massachusetts, Commonwealth of Virginia, Consumer Financial Protection Bureau, The People of the State of New York (Mueller, Joseph)

Sept. 27, 2021

Sept. 27, 2021

PACER
78

Financial arrangements made (Original) (14 calendar days Service) re 74 Transcript Request, Transcript due by 10/12/2021. (jm)

Sept. 28, 2021

Sept. 28, 2021

PACER
79

Financial arrangements made (Copy) (14 calendar days Service) re 75 Transcript Request, Transcript due by 10/12/2021. (jm)

Sept. 28, 2021

Sept. 28, 2021

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 22, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Consumer Financial Protection Bureau, Commonwealth of Massachusetts, New York State, Commonwealth of Virginia

Plaintiff Type(s):

State Plaintiff

Non-DOJ federal government plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NEXUS SERVICES, INC., Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Fines/Fees/Bail/Bond

Staff (number, training, qualifications, wages)

Language:

Spanish

Immigration/Border:

Deportation - procedure

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation