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

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

Consumer Financial Protection Bureau v. Nexus Services

U.S. Court of Appeals for the Fourth Circuit

Consumer Financial Protection Bureau v. Nexus Services

Consumer Financial Protection Bureau v. Nexus Services

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

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2 Attachment to CCS

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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)

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)

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)

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)

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)

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

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

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

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

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

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)

Attorney - Updating Contact Information

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

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

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

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

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

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)

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

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2 Exhibit Arbitration Award 2

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3 Exhibit Arbitration Award 3

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4 Exhibit California BOI Agreement

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5 Exhibit Virginia Settlement Order

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6 Exhibit Virginia Complaint

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7 Exhibit Affidavit

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

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)

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)

E-Magistrate Consent Notice to Parties

Notice of Requirement - Corporate Disclosure Statement

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)

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

Scheduling Letter (bwd)

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)

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)

Attorney - Updating Contact Information

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)

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

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)

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)

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)

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)

Notice of Hearing

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).

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)

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)

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)

Notice of Hearing on Motion

Order on Motion to Appear Pro Hac Vice

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)

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

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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)

Order on Motion to Continue

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)

Notice of Hearing on Motion

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

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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

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

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)

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)

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)

Order on Motion to Stay

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

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

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)

1 Text of Proposed Order Proposed Order

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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)

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)

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

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

Order on Motion for Protective Order

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

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)

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

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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)

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

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

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

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)

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

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).

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).

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)

Financial Arrangements Made

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

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).

Financial Arrangements Made

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)

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)

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)

Notice of Hearing

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)

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)

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

Transcript Copy Delivered re 69 Transcript Request, (lmb)

Financial Arrangements Made

Transcript Copy Delivered

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)

Notice of Hearing

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)

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)

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)

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)

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)

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

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