Case: Bureau of Consumer Financial Protection v. Townstone Financial, Inc.

Bureau of Consumer Financial Protection v. Townstone Financial

Bureau of Consumer Financial Protection v. Townstone Financial Inc

Bureau of Consumer Financial Protection v. Townstone Financial Inc

Bureau of Consumer Financial Protection v. Townstone Financial Inc

Bureau of Consumer Financial Protection

Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice. (bg, ) (Entered: 07/16/2020)

COMPLAINT filed by Bureau of Consumer Financial Protection; (Attachments: # 1 Exhibit)(Salemi, Michael) (Entered: 07/15/2020)

1 Exhibit

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CIVIL Cover Sheet (Salemi, Michael) (Entered: 07/15/2020)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Michael G. Salemi (Salemi, Michael) (Entered: 07/15/2020)

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (mp, )

case assigned

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Mary Elizabeth Olson (Olson, Mary) (Entered: 07/16/2020)

MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Pro Hac Vice (Herman, Vincent) (Entered: 07/21/2020)

MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Pro Hac Vice (Reiferson, Barry) (Entered: 07/21/2020)

NOTICE of Motion by Barry E Reiferson for presentment of motion for leave to appear 6, motion for leave to appear 7 before Honorable Matthew F. Kennelly on 7/28/2020 at 09:30 AM. (Reiferson, Barry) (Entered: 07/21/2020)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Vincent Paul Herman (Herman, Vincent) (Entered: 07/22/2020)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Barry E Reiferson (Reiferson, Barry) (Entered: 07/22/2020)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion of Vincent Herman 6 and Barry Reiferson 7 to appear pro hac vice are granted. (mk) (Entered: 07/22/2020)

WAIVER OF SERVICE returned executed by Bureau of Consumer Financial Protection. Townstone Financial, Inc. waiver sent on 8/10/2020, answer due 10/9/2020. (Reiferson, Barry) (Entered: 08/17/2020)

ATTORNEY Appearance for Defendant Townstone Financial, Inc. by Sean Patrick Burke (Burke, Sean) (Entered: 09/22/2020)

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Franklin U. Valderrama to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(Clerk6, Docket) (Entered: 09/28/2020)

MOTION by Defendant Townstone Financial, Inc. for extension of time to file answer regarding complaint 1 (Burke, Sean) (Entered: 10/05/2020)

MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's uncontested motion for extension of time 15 is granted. Defendant's responsive pleading due on or before 10/23/2020. Mailed notice (cn). (Entered: 10/06/2020)

ATTORNEY Appearance for Defendant Townstone Financial, Inc. by Elinam Brenda Kpotufe (Kpotufe, Elinam) (Entered: 10/06/2020)

MOTION by Defendant Townstone Financial, Inc. for leave to file excess pages in their memorandum in support of motion to dismiss Plaintiff's complaint (Kpotufe, Elinam) (Entered: 10/20/2020)

MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's unopposed motion for leave to exceed page limits related to their motion to dismiss plaintiff's complaint 18 is granted. Defendant has leave to file a memorandum up to 20 pages in support of their motion to dismiss. Mailed notice (cn). (Entered: 10/21/2020)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17572246. (Sterbcow, Marx) (Entered: 10/23/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Townstone Financial, Inc. (Burke, Sean) (Entered: 10/23/2020)

MEMORANDUM by Townstone Financial, Inc. in support of Motion to Dismiss for Failure to State a Claim 21 (Burke, Sean) (Entered: 10/23/2020)

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Marx David Sterbcow's motion for leave to appear pro hac vice 20 is granted. Mailed notice (axc). (Entered: 10/26/2020)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on defendant's motion to dismiss 21 : plaintiff's response due on or before 11/16/2020; defendant's reply due on or before 11/23/2020. Telephonic status hearing set for 1/21/2021 at 9:45 a.m. The call-in number is (888) 808-6929 and the access code is 5348076. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (axc). (Entered: 10/26/2020)

MOTION by Plaintiff Bureau of Consumer Financial Protection for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 21, MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to file excess pages (Reiferson, Barry) (Entered: 10/30/2020)

MINUTE entry before the Honorable Franklin U. Valderrama: Uncontested motion for extension of time and for leave to exceed page limit 25 is granted. Plaintiff's response to the motion to dismiss or amended complaint due on or before 11/25/2020. Plaintiff has leave to file a response brief of up to 25 pages. Defendant's reply if necessary due by 12/16/2020. If plaintiff files an amended complaint, defendant's responsive pleading due by 1/15/2021. Telephonic status hearing set for 1/21/2021 is stricken and reset to 2/17/2021 at 9:30 a.m. The call-in number is (888) 808-6929 and the access code is 5348076. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Replies due by 12/16/2020. Telephone Conference set for 2/17/2021 at09:30 AM. Mailed notice (axc). (Entered: 11/02/2020)

AMENDED complaint by Bureau of Consumer Financial Protection against Townstone Financial, Inc., Barry Sturner (Reiferson, Barry) (Entered: 11/25/2020)

WAIVER OF SERVICE returned executed by Bureau of Consumer Financial Protection. Barry Sturner waiver sent on 12/8/2020, answer due 2/8/2021. (Reiferson, Barry) (Entered: 12/21/2020)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time (Joint), MOTION by Defendants Barry Sturner, Townstone Financial, Inc. leave to exceed the page limits (Joint) (Burke, Sean) (Entered: 01/08/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: The parties' joint motion for extension of time and for leave to exceed page limits for consolidated briefing on motions to dismiss 29 . The motion is granted as follows: the briefing schedules set by 24 and 26 are hereby stricken; the parties will adhere to a consolidated briefing schedule on the defendants' forthcoming motion to dismiss; defendants' consolidated motion to dismiss due on or before 2/8/2021; Bureau's consolidated response due on or before 3/1/2021; defendants' reply due on or before 3/11/2021; defendants' memorandum in support of their consolidated motion to dismiss may be up to 25 pages; Bureau's consolidated response may be up to 30 pages; defendants' consolidated reply may be up to 10 pages. Telephonic status hearing set on 2/17/2021 at 9:30 a.m. is hereby stricken. Status hearing set for 5/4/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc). (Entered: 01/11/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Barry Sturner, Townstone Financial, Inc. (Burke, Sean) (Entered: 02/08/2021)

MEMORANDUM by Barry Sturner, Townstone Financial, Inc. in support of Motion to Dismiss for Failure to State a Claim 31 (Burke, Sean) (Entered: 02/08/2021)

MOTION by Plaintiff Bureau of Consumer Financial Protection for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 31 (Unopposed Motion) (Reiferson, Barry) (Entered: 02/25/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: The unopposed motion for extension of time to respond and reply to motion to dismiss 33 is granted. The briefing scheduling set forth on 1/11/2021 30 is modified as follows: Bureau's consolidated response due on or before 3/15/2021; defendants' reply due on or before 3/29/2021. Status hearing set for 5/4/2021 is stricken and reset to 5/27/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc). (Entered: 02/26/2021)

RESPONSE by Bureau of Consumer Financial Protectionin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Barry Sturner, Townstone Financial, Inc. 31 (Reiferson, Barry) (Entered: 03/15/2021)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to file response/reply to Plaintiff's Opposition to Motion to Dismiss, MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for leave to file excess pages (Kpotufe, Elinam) (Entered: 03/24/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: Defendants' unopposed motion for extension of time and for leave to exceed page limits for reply to plaintiff's opposition to motion to dismiss 36 is granted. Defendants' are hereby granted leave to exceed the page limit by 3 pages, up to and including 13 pages total, for their consolidated reply. The briefing schedule entered on 2/26/2021 34 is modified as follows: defendants' reply due on or before 4/12/2021. Status hearing set for 5/27/2021 is stricken and reset to 6/10/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called) Mailed notice (axc). (Entered: 03/25/2021)

REPLY by Barry Sturner, Townstone Financial, Inc. to response in opposition to motion 35 to dismiss Plaintiff's Complaint (Burke, Sean) (Entered: 04/12/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: Tracking status set for 6/10/2021 is stricken. The Court will rule on Defendant Townstone Financial, Inc.'s Motion to Dismiss Plaintiff's Complaint 21 and Defendants' Combined Motion to Dismiss Plaintiff's Complaint 31 via CM/ECF. Mailed notice (axc). (Entered: 06/04/2021)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to file Report from Rule 26(f) Conference (Burke, Sean) (Entered: 11/23/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in Defendants' Unopposed Motion to Extend Time 40, the motion is granted. The deadline for the parties to file their Rule 26(f) report is extended to 12/27/2021. Mailed notice (axc). (Entered: 11/29/2021)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to File Report From Rule 26(f) Conference (Burke, Sean) (Entered: 12/20/2021)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants' Unopposed Motion to Extend Time 42 is granted. The deadline for the parties to file their Rule 26(f) report is extended to 01/26/2022. Defendant's Motion to Dismiss 21 is further stricken as moot in light of the filing of the Amended Complaint 27 . The Court refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge Fuentes. The Court anticipates discovery will continue while Defendant's Motion to Dismiss the Amended Complaint 31 is pending. If the parties request a stay of discovery, they are to bring that motion before the District Court Judge. Without a stay, it is expected that discovery work will continue. Mailed notice (axc). (Entered: 12/22/2021)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision, including setting all deadlines, and settlement matters. (axc) Mailed notice. (Entered: 12/22/2021)

MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on referral for discovery supervision and settlement (doc. # 44 ), the Court directs the parties to include in their written status report due on 1/26/22 the status of their settlement discussions and a proposed schedule for written and oral discovery. Meanwhile, the Court refers the parties to the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, the Standing Order for Settlement Conferences, and the Top Ten Ways to Defeat Settlement, all available on the Court's website. Mailed notice (dal, ) (Entered: 12/22/2021)

MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has received notice by email of the parties having reached an agreement in principle to settle the matter, with a plan to submit a proposed judgment and order within 14 days. Accordingly, the 1/26/22 status report date is vacated and reset to 2/25/22 and will be vacated if the matter is fully resolved by then. Mailed notice. (jj, ) (Entered: 01/25/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to File Status Report (Burke, Sean) (Entered: 02/24/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: The Court grants the parties' joint motion (doc. # 47 ) to continue the status report due date from today to noon on 3/4/22. Mailed notice. (jj, ) (Entered: 02/25/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to File Status Report (Burke, Sean) (Entered: 03/03/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant's agreed motion to extend the time for their status report on finalization of settlement (doc. # 49 ) is granted, and the next status report is due and to be filed by noon on 3/18/22, but the parties are strongly encouraged to use that time to focus on completing the settlement, and not obtaining pro bono litigation counsel if the settlement does not materialize. If there is no settlement, the matter will return to the uncertainty of the litigation portal and may ask the Court for whatever time they think they need to find more lawyers and spend more resources on litigation. Mailed notice. (jj, ) (Entered: 03/03/2022)

STATUS Report (Joint) by Barry Sturner, Townstone Financial, Inc. (Burke, Sean) (Entered: 03/18/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: With the parties in the joint status report (doc. # 51 ) disclosing to the Court that the settlement in principle, previously reached, is now off and could not be finalized, discovery will proceed. The parties are ordered to engage in a Rule 26(f) conference by close of business on 3/25/22, and they shall file a joint status report disclosing an agreed or contested schedule for fact and expert discovery no later than noon on 4/1/22. The Court expects that Rule 26(a)(1) disclosures will be due to be served 14 days after the Rule 26(f) conference. Mailed notice (lp, ) (Entered: 03/18/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for extension of time to extend the deadlines established by the Court's March 18, 2022 Order (Burke, Sean) (Entered: 03/23/2022)

ATTORNEY Appearance for Defendants Barry Sturner, Townstone Financial, Inc. by Jessica Thompson (Thompson, Jessica) (Entered: 03/24/2022)

ATTORNEY Appearance for Defendants Barry Sturner, Townstone Financial, Inc. by Steve Simpson (Simpson, Steve) (Entered: 03/24/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant's unopposed motion for a two-week extension of the discovery schedule after failed settlement efforts (doc. # 53 ) is granted in view of new counsel's entry into the case. By agreement, Rule 26(f) conference is to occur on or before 4/8/22, the joint Rule 26(f) status report is due and to be filed by noon on 4/22/22 and not 4/1/22, and Rule 26(a)(1) disclosures are to be served by no later than 4/22/22.Mailed notice. (jj, ) (Entered: 03/24/2022)

ATTORNEY Appearance for Defendants Barry Sturner, Townstone Financial, Inc. by Oliver Dunford (Dunford, Oliver) (Entered: 03/28/2022)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19351472. (Schunk, Jacob) (Entered: 04/18/2022)

REQUEST for Clerk of Court to refund filing fee in the amount of $150, receipt no. 0752-19351472, regarding motion to appear pro hac vice 58 (Schunk, Jacob) (Entered: 04/18/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Jacob A. Schunk's motion for leave to appear pro hac vice 58 is granted. Mailed notice (axc). (Entered: 04/21/2022)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Jacob Alden Schunk (Schunk, Jacob) (Entered: 04/22/2022)

REPORT of Rule 26(f) Planning Meeting by Bureau of Consumer Financial Protection (Schunk, Jacob) (Entered: 04/22/2022)

REFUND PROCESSED to attorney Jacob Schunk in the amount of $150, receipt no. 0752-19351472, regarding motion to appear pro hac vice 58 due to filing on behalf of a federal agency. (sm, ) (Entered: 04/22/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' Rule 26(f) report (doc. # 62 ), the Court orders the following under the discovery referral: (1) service of Rule 26(a)(1) disclosures is presumed to have taken place on 4/22/22 as proposed, and if it has not, the disclosures should be served forthwith; (2) initial written discovery requests are to be served by no later than 5/6/22, with responses due per the rules or by agreement; and (3) fact discovery is to be completed by no later than 12/23/22 as proposed. On expert discovery, certain of the parties' proposed time frames between expert disclosures and depositions are too long. Plaintiff's expert disclosures are due to be served on 1/27/23 as proposed, but those depositions are to be concluded by 3/31/23. Defendant's expert disclosures are due to be served by no later than 3/3/23, with those experts deposed by no later than 5/5/23. All discovery is therefore closed on 5/5/23, and this schedule should be considered firm. This is a 2020 case in which both sides have had ample time to consider the subject matter and witness candidates with respect to expert testimony; considerable time was spent on settlement, and that is commendable, but now that settlement is not in the offing, the parties have opted for the litigation train, and it is moving, and it will pick up speed. If at any time the parties wish to discuss settlement with the magistrate judge, they should feel free to contact the courtroom deputy, Jenny Jauregui, at 312-818-6514. The parties may address deadlines for amended pleadings and dispositive motions with the district court. Mailed notice. (jj, ) (Entered: 04/26/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for leave to file Notice of Supplemental Authority (Simpson, Steve) (Entered: 07/08/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendants' motion for leave to file notice of supplemental authority 65 . Defendants shall file their notice of supplemental authority on or before 07/25/2022; Plaintiff shall file a response on or before 08/08/2022. Mailed notice (axc). (Entered: 07/11/2022)

MEMORANDUM by Barry Sturner, Townstone Financial, Inc. re Supplemental Authority (ECF Nos. 65 and 66) (Simpson, Steve) (Entered: 07/25/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets an In-Person motion hearing on Defendants' Combined Motion to Dismiss Plaintiff's Complaint 31 for 08/10/2022 at 10:00 a.m. The hearing will be held in Judge Valderrama's Courtroom 1219. Mailed notice (axc). (Entered: 07/27/2022)

MOTION by Plaintiff Bureau of Consumer Financial Protection for Leave to Appear Pro Hac Vice (Bloom, Karen) (Entered: 08/04/2022)

Amended Motion for Leave to Appear Pro Hac Vice by Bureau of Consumer Financial Protection (Bloom, Karen) (Entered: 08/05/2022)

RESPONSE by Plaintiff Bureau of Consumer Financial Protection to memorandum 67 (Reiferson, Barry) (Entered: 08/08/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Karen S. Bloom's amended motion for leave to appear pro hac vice 70 is granted. Mailed notice (axc). (Entered: 08/09/2022)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Karen Sarah Bloom (Bloom, Karen) (Entered: 08/09/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: In-Person Motion Hearing held on 08/10/2022 on Defendants' Combined Motion to Dismiss Plaintiff's Complaint 31 . The Court will issue an opinion on the motion via CM/ECF. Mailed notice (axc). (Entered: 08/11/2022)

MOTION by Attorney Barry Reiferson to withdraw as attorney for Bureau of Consumer Financial Protection. No party information provided (Reiferson, Barry) (Entered: 09/09/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Barry E. Reiferson's Motion to Withdraw 75 . Attorney Barry E. Reiferson, is withdrawn as counsel for Plaintiff, Bureau of Consumer Financial Protection. Mailed notice (axc). (Entered: 09/12/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. to stay discovery (Simpson, Steve) (Entered: 09/16/2022)

MEMORANDUM by Barry Sturner, Townstone Financial, Inc. in support of motion to stay 77 discovery. (Simpson, Steve) (Entered: 09/16/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: On defendants' motion to stay discovery (doc. # 77 ), the magistrate defers action to the district court, which reserved the authority to decide discovery stay motion in this matter (doc. # 43 ). Mailed notice. (jj, ) (Entered: 09/19/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court enters the following briefing schedule on Defendant's motion to stay discovery 77 : Plaintiff's response is due on or before 10/11/2022; Defendants' reply is due on or before 10/25/2022. Mailed notice (axc). (Entered: 09/20/2022)

ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Gregory Wood Jones (Jones, Gregory) (Entered: 09/27/2022)

RESPONSE by Bureau of Consumer Financial Protectionin Opposition to MOTION by Defendants Barry Sturner, Townstone Financial, Inc. to stay discovery 77 (Schunk, Jacob) (Entered: 10/11/2022)

REPLY by Defendants Barry Sturner, Townstone Financial, Inc. (Simpson, Steve) (Entered: 10/25/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. for order Entry of Agreed Confidentiality Order (Simpson, Steve) (Entered: 10/31/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' joint motion for entry of an Agreed Confidentiality Order (doc. #84) is granted. Enter Agreed Confidentiality Order. Mailed notice (lxs, ) (Entered: 10/31/2022)

AGREED Confidentiality Order. Signed by the Honorable Gabriel A. Fuentes on 10/31/2022. Mailed notice(lxs, ) (Entered: 10/31/2022)

MOTION by Plaintiff Bureau of Consumer Financial Protection to compel (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Jones, Gregory) (Entered: 11/14/2022)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to compel (doc. # 87 ), a telephonic motion hearing is set for 3 p.m. on 11/16/22. The parties should be prepared to argue the motion at that time. The call-in number is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) (Entered: 11/14/2022)

MOTION by Defendants Barry Sturner, Townstone Financial, Inc. to compel discovery responses (Attachments: # 1 Exhibit A - CFPB Response to Rog No. 2, # 2 Exhibit B - Letter to CFPB, Aug. 23, 2022, # 3 Exhibit C - D. RFP 34-38, 41, 42, # 4 Exhibit D - CFPB Responses, June 10, 2022, # 5 Exhibit E - Letter to CFPB, Oct. 10, 2022, # 6 Exhibit F - Letter to CFPB, Nov. 3, 2022, # 7 Declaration of Barry Sturner)(Simpson, Steve) (Entered: 11/14/2022)

1 Exhibit A - CFPB Response to Rog No. 2

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2 Exhibit B - Letter to CFPB, Aug. 23, 2022

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3 Exhibit C - D. RFP 34-38, 41, 42

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4 Exhibit D - CFPB Responses, June 10, 2022

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5 Exhibit E - Letter to CFPB, Oct. 10, 2022

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6 Exhibit F - Letter to CFPB, Nov. 3, 2022

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7 Declaration of Barry Sturner

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MEMORANDUM by Barry Sturner, Townstone Financial, Inc. in support of motion to compel, 89 (Simpson, Steve) (Entered: 11/14/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: Upon filing of defendants' motion to compel (doc. # 89 ), the telephonic motion hearing set for 3 p.m. on 11/16/22 (doc. # 88 ) stands and is expanded to include defendants' motion to compel. Mailed notice. (kl, ) (Entered: 11/15/2022)

MINUTE entry before the Honorable Franklin U. Valderrama: The Court refers Defendants' motion to stay discovery 77 to Magistrate Judge Fuentes. Mailed notice (axc). (Entered: 11/15/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic motion hearing held on plaintiff's motion to compel (doc. # 87 ) and defendants' motion to compel (doc. # 89 ). The Court determined that further briefing of these motions by agreement is appropriate. The defense response to plaintiff's motion to compel, and plaintiff's response to defendants' motion to compel, are due by 5 p.m. on 11/23/22. Replies in support of the respective motions to compel are due from each movant by 5 p.m. on 12/2/22. The Court will issue a further order upon review of the briefing. Mailed notice. (kl, ) (Entered: 11/16/2022)

ATTORNEY Appearance for Defendants Barry Sturner, Townstone Financial, Inc. by John F Kerkhoff (Kerkhoff, John) (Entered: 11/18/2022)

MOTION by Plaintiff Bureau of Consumer Financial Protection for extension of time to file response/reply as to motion to compel 87, motion hearing,,, set motion and R&R deadlines/hearings,, 93, motion to compel, 89 (Joint Motion) (Schunk, Jacob) (Entered: 11/18/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' joint motion for an extension of time to brief their respective motions to compel (doc. #95) is granted. Respective responses to the motions to compel are due by 5 p.m. on 11/30/22, and the respective replies are due by 5 p.m. on 12/7/22. Mailed notice. (kl, ) (Entered: 11/18/2022)

MOTION by Plaintiff Bureau of Consumer Financial Protection for extension of time to complete discovery (Joint Motion) (Schunk, Jacob) (Entered: 11/22/2022)

MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' joint motion to extend the discovery schedule (doc. # 97 ) is taken under advisement along with the pending motion to stay discovery. Mailed notice. (lxk, ) (Entered: 11/23/2022)