Case: Chamber of Commerce of the United States of America v. Consumer Financial Protection Bureau

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against Rohit Chopra, Consumer Financial Protection Bureau filed by Longview Chamber of Commerce, Texas Association of Business, Fort Worth Chamber of Commerce, Chamber of Commerce of the United States of America, American Bankers Association, Consumer Bankers Association. (Filing fee $405; Receipt number ATXNDC-14448397) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Carson, Timothy) (Entered: 03/07/2024)

1 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business. (Clerk QC note: No affiliate entered in ECF). (Carson, Timothy) (Entered: 03/07/2024)

MOTION for Injunction (Preliminary Injunction) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/07/2024)

Brief/Memorandum in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/07/2024)

Appendix in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/07/2024)

Emergency MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/07/2024)

New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) (Entered: 03/07/2024)

Summons issued as to Rohit Chopra, Consumer Financial Protection Bureau, U.S. Attorney, and U.S. Attorney General. (bdb) (Entered: 03/07/2024)

ORDER FOR REASSIGNMENT: The undersigned judge, having taken senior status, desires to have this case re-assigned to an active-status judge. The clerk of the Court is therefore DIRECTED to re-assign this case by random draw to another judge. Case reassigned to Judge Reed C. O'Connor for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 3/7/2024) (saw) (Entered: 03/07/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jennifer Dickey (Filing fee $100; Receipt number ATXNDC-14449918) filed by Chamber of Commerce of the United States of America (Carson, Timothy) (Entered: 03/07/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Maria Monaghan (Filing fee $100; Receipt number ATXNDC-14450068) filed by Chamber of Commerce of the United States of America (Carson, Timothy) (Entered: 03/07/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas Pinder (Filing fee $100; Receipt number ATXNDC-14450075) filed by American Bankers Association (Carson, Timothy) (Entered: 03/07/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew Doersam (Filing fee $100; Receipt number ATXNDC-14450098) filed by American Bankers Association (Carson, Timothy) (Entered: 03/07/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-14450225) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Attachments: # 1 Additional Page(s))Attorney Michael Murray added to party American Bankers Association(pty:pla) (Murray, Michael) (Entered: 03/07/2024)

ORDER: Before the Court are Plaintiffs' Motion for Preliminary Injunction (ECF No. 3 ) and Plaintiffs' Emergency Motion for Expedited Briefing (ECF No. 6 ). The Court finds good cause to expedite the briefing schedule on the requested preliminary injunction. The Court ORDERS Defendants to file a response by March 12, 2024. Plaintiffs may file a reply by March 14, 2024. The Court further ORDERS Plaintiffs to immediately deliver a copy of this Order to Defendants and file a notice on the docket by March 8, 2024 confirming delivery was made. (Ordered by Judge Reed C. O'Connor on 3/8/2024) (saw) (Entered: 03/08/2024)

NOTICE of Delivery of Order re: 15 Order Setting Deadline/Hearing,, filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Vickers, Philip) (Entered: 03/08/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Tor Tarantola (Filing fee $100; Receipt number ATXNDC-14453352) filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Carson, Timothy) (Entered: 03/09/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Garlock, Stephanie) (Entered: 03/12/2024)

MOTION for Waiver of the Local Counsel Requirement filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Garlock, Stephanie) (Entered: 03/12/2024)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rohit Chopra, Consumer Financial Protection Bureau. (Clerk QC note: No affiliate entered in ECF). (Garlock, Stephanie) (Entered: 03/12/2024)

MOTION for Leave to File Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction filed by Bank Policy Institute (Attachments: # 1 Brief Amicus Curiae, # 2 Proposed Order). Party Bank Policy Institute added. (Hubbard, Bradley) (Entered: 03/12/2024)

RESPONSE filed by Rohit Chopra, Consumer Financial Protection Bureau re: 3 MOTION for Injunction (Preliminary Injunction) (Garlock, Stephanie) (Entered: 03/12/2024)

Brief/Memorandum in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 22 Response/Objection to Motion for Preliminary Injunction (Garlock, Stephanie) (Entered: 03/12/2024)

ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Jennifer Dickey. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of Tor Tarantola. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 18 Application for Admission Pro Hac Vice of Stephanie Garlock. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Maria Monaghan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Thomas Pinder. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 13 Application for Admission Pro Hac Vice of Andrew Doersam. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ELECTRONIC ORDER granting 14 Application for Admission Pro Hac Vice of Michael Murray. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/13/2024) (chmb) (Entered: 03/13/2024)

ORDER: Before the Court is Bank Policy Institute's Motion to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction (ECF No. 21 ).The motion should be, and is hereby, GRANTED. Accordingly, the Clerk is DIRECTED to file Bank Policy Institute's Brief of Amicus Curiae (ECF No. 21 -2) as a separate docket entry as of the date of the Motion. (Ordered by Judge Reed C. O'Connor on 3/13/2024) (saw) (Entered: 03/13/2024)

Brief Amicus Curiae of Bank Policy Institute In Support Of Plaintiffs' 13 Motion For Preliminary Injunction filed by Bank Policy Institute re 3 Motion for Injunction (Preliminary Injunction) (saw) (Entered: 03/13/2024)

ORDER: Before the Court is Defendants' Unopposed Motion for Waiver of the Local Counsel Requirement (ECF No. 19 ). The Court GRANTS Defendants' motion and ORDERS that Defendants may proceed without local counsel. The Court further ORDERS Ms. Garlock and Mr. Sandberg to fulfill all local counsel requirements and abide by the Local Rules of this Court. (Ordered by Judge Reed C. O'Connor on 3/13/2024) (saw) (Entered: 03/13/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14462886) filed by Bank Policy Institute (Scalia, Eugene) (Entered: 03/13/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14462924) filed by Bank Policy Institute (Spencer, Jacob) (Entered: 03/13/2024)

Order on Application for Admission Pro Hac Vice

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rohit Chopra, Consumer Financial Protection Bureau. (Clerk QC note: Affiliate entry indicated). (Garlock, Stephanie) (Entered: 03/14/2024)

ELECTRONIC ORDER granting 34 Application for Admission Pro Hac Vice of Eugene Scalia. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/14/2024) (chmb) (Entered: 03/14/2024)

ELECTRONIC ORDER granting 35 Application for Admission Pro Hac Vice of Jacob T. Spencer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 3/14/2024) (chmb) Modified document relationship on 3/14/2024 (bdb). (Entered: 03/14/2024)

Court Request for Recusal: Judge Reed C. O'Connor recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Mark Pittman for all further proceedings. Future filings should indicate the case number as: 4:24-cv-00213-P. (bcr) (Entered: 03/14/2024)

New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr) (Entered: 03/14/2024)

REPLY filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re: 3 MOTION for Injunction (Preliminary Injunction) (Carson, Timothy) (Entered: 03/14/2024)

Unopposed MOTION for Leave to File a Supplemental Appendix in Support of Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business (Attachments: # 1 Exhibit(s) Proposed Supplemental Appendix) (Carson, Timothy) (Entered: 03/14/2024)

Order on Application for Admission Pro Hac Vice

ORDER: Before the Court is Plaintiffs' Unopposed Motion for Leave to File Supplemental Appendix in Support of their Motion for Preliminary Injunction. ECF No. 42 . The Court hereby GRANTS the motion. The Clerk is INSTRUCTED to docket the attachment to the Motion (ECF No. 42 -1) as Plaintiffs' Supplemental Appendix in Support of their Motion for Preliminary Injunction. (Ordered by Judge Mark Pittman on 3/15/2024) (saw) (Entered: 03/15/2024)

Plaintiffs' Supplemental Appendix in Support of their 3 Motion for Preliminary Injunction filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 3 MOTION for Injunction (Preliminary Injunction) (saw) (Entered: 03/15/2024)

ORDER: The Court finds it necessary to ORDER expedited briefing regarding venue. (Ordered by Judge Mark Pittman on 3/18/2024)(See order for specifics.) (saw) (Entered: 03/18/2024)

NOTICE of Intention to File Motion to Transfer re: 45 Order Setting Deadline/Hearing filed by Rohit Chopra, Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 03/19/2024)

MOTION to Expedite Consideration of Preliminary-Injunction Motion filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business Attorney Philip A Vickers added to party American Bankers Association(pty:pla) (Vickers, Philip) (Entered: 03/19/2024)

Brief/Memorandum in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 47 MOTION to Expedite Consideration of Preliminary-Injunction Motion (Vickers, Philip) (Entered: 03/19/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Rohit Chopra, Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order)Attorney Justin Michael Sandberg added to party Rohit Chopra(pty:dft), Attorney Justin Michael Sandberg added to party Consumer Financial Protection Bureau(pty:dft) (Sandberg, Justin) (Entered: 03/19/2024)

ELECTRONIC ORDER granting 49 Application for Admission Pro Hac Vice of Justin Michael Sandberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 3/20/2024) (jaf) (Entered: 03/20/2024)

ORDER: Before the Court is Plaintiffs' Motion for Expedited Consideration of Plaintiffs' Preliminary Injunction Motion. ECF No. 47 . The Court determines that the Motion should be and hereby is DENIED. (Ordered by Judge Mark Pittman on 3/20/2024) (saw) (Main Document 51 replaced on 5/22/2024) (bdb). (Entered: 03/20/2024)

Order on Application for Admission Pro Hac Vice

MOTION to Transfer Case out of District/Division filed by Rohit Chopra, Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 03/21/2024)

Brief/Memorandum in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 52 MOTION to Transfer Case out of District/Division (Garlock, Stephanie) (Entered: 03/21/2024)

Appendix in Support filed by Rohit Chopra, Consumer Financial Protection Bureau re 52 MOTION to Transfer Case out of District/Division (Garlock, Stephanie) (Entered: 03/21/2024)

RESPONSE filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re: 52 MOTION to Transfer Case out of District/Division (Carson, Timothy) (Entered: 03/25/2024)

Appendix in Support filed by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business re 55 Response/Objection, (Carson, Timothy) (Entered: 03/25/2024)

NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by American Bankers Association, Chamber of Commerce of the United States of America, Consumer Bankers Association, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, Texas Association of Business. Filing fee $605, receipt number ATXNDC-14487468. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Carson, Timothy) (Entered: 03/25/2024)

USCA Case Number 24-10248 in United States Court of Appeals 5th Circuit for 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. (tle) (Entered: 03/25/2024)

Unopposed MOTION for Leave to File Reply Brief In Support of Motion to Transfer filed by Rohit Chopra, Consumer Financial Protection Bureau with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Exhibit(s)) (Sandberg, Justin) (Entered: 03/25/2024)

Record on Appeal for USCA5 24-10248 (related to 57 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Jennifer B. Dickey for party(s) Appellant Chamber of Commerce for the United States of America, in case 24-10248. Access to the EROA has been granted. (tle)

Notice (Other)

Appeal Record Certified/Transmitted

ORDER: Before the Court is Defendants' unopposed Motion for Leave to File Reply (ECF No. 59 ). The Court GRANTS the Motion. The Clerk is INSTRUCTED to docket ECF No. 59 -2 as Defendants' Reply to Defendants' Motion to Transfer (ECF No. 52 ). (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)

REPLY filed by Rohit Chopra, Consumer Financial Protection Bureau re: 52 Motion to Transfer Case out of District/Division (saw) (Entered: 03/26/2024)

ORDER: Counsel must prepare and submit a Report Regarding Contents of Scheduling Order ("Joint Report") by April 2, 2024. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)

ORDER: Before the Court is Plaintiffs' Motion for a Preliminary Injunction. ECF No. 3 . The Court hereby ORDERS that a hearing on Plaintiffs' Motion will be held at 9:00 a.m. on Tuesday, April 2, 2024, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)

***STRICKEN AND UNFILED PER 65 ORDER*** ORDER: The Court hereby REFERS this case for mediation and APPOINTS the Honorable David L. Evans as Mediator. The Parties shall mediate with Judge Evans on April 19, 2024, at the offices of Judge Evans. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) Modified on 3/26/2024 (saw). (Entered: 03/26/2024)

ELECTRONIC ORDER: Having noticed a location conflict in its Order setting Mediation (ECF No. 64), the Court hereby INSTRUCTS the Clerk to STRIKE and UNFILE the Order setting Mediation (ECF No. 64). (Ordered by Judge Mark Pittman on 3/26/2024) (jaf) (Entered: 03/26/2024)

ORDER: The Court hereby REFERS this case for mediation and APPOINTS the Honorable David L. Evans as Mediator. The Parties shall mediate, in-person, with Judge Evans on April 19, 2024, at the offices of Cantey Hanger LLP in Fort Worth. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. (Ordered by Judge Mark Pittman on 3/26/2024) (saw) (Entered: 03/26/2024)

Order

APPEARANCE FORM FILED at USCA5 by Attorney Michael F. Murray for Appellant Chamber of Commerce for the United States of America in 24-10248, Attorney Michael F. Murray for Appellant Texas Association of Business in 24-10248, Attorney Michael F. Murray for Appellant Consumer Bankers Association in 24-10248, Attorney Michael F. Murray for Appellant American Bankers Association in 24-10248, Attorney Michael F. Murray for Appellant Longview Chamber of Commerce in 24-10248, Attorney Michael F. Murray for Appellant Fort Worth Chamber of Commerce in 24-10248. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Justin Michael Sandberg for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-10248. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney Timothy Derek Carson for Appellant Chamber of Commerce for the United States of America in 24-10248, by Attorney(s) Timothy Derek Carson for party(s) Appellant Texas Association of Business Appellant American Bankers Association Appellant Consumer Bankers Association Appellant Fort Worth Chamber of Commerce Appellant Longview Chamber of Commerce, in case 24-10248.Access to the EROA has been granted. (tle)

Notice (Other)

OPINION & ORDER: Before the Court is Defendants' Motion to Transfer. ECF No. 52 . The Court finds the Motion should be and hereby is GRANTED. Accordingly, the Court TRANSFERS this case to the United States District Court for the District of Columbia ("D.D.C"). (Ordered by Judge Mark Pittman on 3/28/2024) (saw) (Entered: 03/28/2024)

APPEARANCE FORM FILED at USCA5 by Attorney Stephanie Garlock for Appellee Rohit Chopra in 24-10248, Attorney Stephanie Garlock for Appellee CFPB in 24-10248. Access to the EROA. (tle)

Case Transferred Out - District Transfer.

Interdistrict Transfer to United States District Court for the District of Columbia; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in United States District Court for the District of Columbia. (saw)

Notice (Other)

ORDER of USCA No. 24-10248 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that appellants motion for stay of the District Courts transfer order pending appeal is administratively stayed until 10:00 a.m. on March 30, 2024. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 03/29/2024)

1 USCA5 Cover Letter

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Case transferred from NDTX has been opened in District of Columbia as case number 1:24-cv-915. (bdb)

Acknowledgment of Case Transfer

ORDER of USCA No. 24-10266 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the petition for writ of mandamus is expedited to the next oral argument panel to be heard with our case No. 24-10248, Chamber of Commerce v. CFPB. [3/30/2024] (Attachments: # 1 USCA5 Cover Letter) (tle) (Additional attachment(s) added on 4/2/2024: # 2 (EMERGENCY PETITION FOR WRIT OF MANDAMUS AND ADMINISTRATIVE STAY)) (tle). (Entered: 04/02/2024)

1 USCA5 Cover Letter

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2 (EMERGENCY PETITION FOR WRIT OF MANDAMUS AND ADMINISTRATIVE STAY)

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ORDER of USCA No. 24-10248 as to 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the District Courts transfer order is administratively stayed until 5:00 PM on Tuesday, April 2, 2024. IT IS FURTHER ORDERED that this appeal and all pending motions are expedited to the next oral argument panel.[3/30/2024] (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 04/02/2024)

1 USCA5 Cover Letter

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APPEARANCE FORM FILED by Attorney(s) Joseph Frisone for party(s) Appellee CFPB Appellee Rohit Chopra, in case 24-10248. Access to the EROA has been granted. (tle)

Notice (Other)

Supplemental Record on Appeal for USCA5 24-10248 (related to 57 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)

Appeal Record Certified/Transmitted

ORDER REOPENING CASE AND PROVIDING NOTICE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA: In accordance with the order and instructions of the United States Fifth Circuit Court of Appeals, the Court hereby ORDERS the Clerk of the Court to reopen this case. Further, the Court ORDERS the Clerk of the Court to provide a copy of this Order to the United States District Court for the District of Columbia. (Ordered by Judge Mark Pittman on 4/8/2024) (saw) (Entered: 04/08/2024)

Opinion of USCA No. 24-10266 In re: Chamber of Commerce in accordance with USCA judgment re 57 Notice of Appeal, filed by Longview Chamber of Commerce, Texas Association of Business, Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Consumer Bankers Association, American Bankers Association. IT IS ORDERED that the administrative stay of the transfer order previously extended by this panel on April 2, 2024, is DISSOLVED. The district courts transfer order is VACATED. The petition for a writ of mandamus is GRANTED. The district court is ORDERED to reopen the case and to give notice to D.D.C. that its transfer was without jurisdiction and should be disregarded. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 04/08/2024)

1 USCA5 Cover Letter

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APPEARANCE FORM FILED by Attorney(s) Tor Tarantola for party(s) Appellant Texas Association of Business Appellant American Bankers Association Appellant Consumer Bankers Association Appellant Fort Worth Chamber of Commerce Appellant Chamber of Commerce for the United States of America Appellant Longview Chamber of Commerce, in case 24-10248. Access to the EROA has been granted. (tle)

Notice (Other)

ORDER: This case is currently scheduled for mediation with the Honorable David L. Evans on April 19, 2024. See ECF No. 66 . To prevent unnecessary expense to the Parties in this case, the Court ORDERS that the mediation scheduled for April 19, 2024, be CANCELLED until further notice by the Court. (Ordered by Judge Mark Pittman on 4/9/2024) (saw) (Entered: 04/09/2024)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Thomas Pinder for party(s) Appellant American Bankers Association, in case 24-10248. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Andrew Doersam for party(s) Appellant American Bankers Association, in case 24-10248. Access to the EROA has been granted. (tle)

Notice (Other)