Case: Consumer Financial Protection Bureau v. Early Warning Services LLC

*COMPLAINT filed by Consumer Financial Protection Bureau. (submitted by Benjamin Brunner) (Attachments: # 1 Civil Cover Sheet)(REK) *Modified to Seal Pursuant to Doc. 40 on 3/5/2025 (MAP). (Entered: 12/20/2024)

1 Civil Cover Sheet

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SUMMONS Submitted by Consumer Financial Protection Bureau. (submitted by Benjamin Brunner) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK) (Entered: 12/20/2024)

This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-24-03652-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 12/20/2024)

Summons Issued as to Bank of America NA, Early Warning Services LLC, JPMorgan Chase Bank NA, Wells Fargo Bank NA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/20/2024)

MOTION to Seal Document Lodged Complaint by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Proposed Order)(Brunner, Benjamin) (Entered: 12/20/2024)

*FILED at Doc. 20 *SEALED LODGED Proposed Complaint_Unredacted re: 5 MOTION to Seal Document Lodged Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Consumer Financial Protection Bureau. (Brunner, Benjamin) *Modified on 1/14/2025 (MAP). (Entered: 12/20/2024)

ORDER this matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. IT IS FURTHER ORDERED that Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 12/20/2024. (ESG) (Entered: 12/20/2024)

ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 20, 2025. Signed by Judge Susan M. Brnovich on 12/20/2024. (ESG) (Entered: 12/20/2024)

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Early Warning Services, LLC . (Steimel, Noah) (Entered: 12/26/2024)

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Bank of America, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to JPMorgan Chase Bank, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Wells Fargo Bank, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

NOTICE re: Service by Consumer Financial Protection Bureau re: 7 Order, . (Taxy, Samuel) (Entered: 12/27/2024)

STIPULATION Re Plaintiffs Motion to Temporarily Seal Complaint And Notice of Lodging Proposed Form of Stipulated Order by Bank of America NA. (Attachments: # 1 Proposed Order Proposed Order)(Marshall, Gregory) (Entered: 01/08/2025)

Disclosure Statement by JPMorgan Chase Bank NA identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank NA. (Goodwin, Nicole) (Entered: 01/08/2025)

Disclosure Statement by Bank of America NA. (Marshall, Gregory) (Entered: 01/08/2025)

Disclosure Statement by Early Warning Services LLC identifying Other Affiliate U.S. Bank National Association, Other Affiliate Truist Bank, Other Affiliate PNC Bank National Association, Other Affiliate Capital One, NA, Other Affiliate JPMorgan Chase Bank, N.A., Other Affiliate Wells Fargo Bank, National Association, Other Affiliate Bank of America NA for Early Warning Services LLC. (Beauchamp, Keith) (Entered: 01/09/2025)

Disclosure Statement by Wells Fargo Bank NA. (Messer, Joshua) (Entered: 01/09/2025)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Stacey K Grigsby on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for D Jean Veta on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

ORDER granting 5 Motion to Seal as follows: (1) Plaintiff's unredacted Complaint, lodged with Plaintiffs Motion to Temporarily Seal Complaint (Doc. 6 ), shall be temporarily sealed; (2) Defendants shall have 14 days from the date of filing of this Order to file motions seeking to continue sealing the unredacted Complaint or portions thereof; (3) If any Defendant files a motion to continue sealing portions of the unredacted Complaint, Plaintiff shall have seven days to file a response, and the moving Defendant shall have seven days thereafter to file a reply. Signed by Judge Susan M Brnovich on 1/14/25. (MAP) (Entered: 01/14/2025)

SEALED (Unredacted) Complaint by Consumer Financial Protection Bureau. (MAP) (Entered: 01/14/2025)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Jonice Monique Gray, Matthew P Previn on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE of Appearance by David B Rosenbaum on behalf of Wells Fargo Bank NA. (Rosenbaum, David) (Entered: 01/15/2025)

NOTICE re: Service by Consumer Financial Protection Bureau re: 13 Notice (Other), 9 Service Executed, 11 Service Executed, 12 Service Executed, 10 Service Executed . (Steimel, Noah) (Entered: 01/15/2025)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Valerie Hletko on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE of Appearance by Nicole Maroulakos Goodwin on behalf of JPMorgan Chase Bank NA. (Goodwin, Nicole) (Entered: 01/17/2025)

Joint MOTION for Primarily Consolidated MTD and Revised Briefing Schedule by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 01/17/2025)

Remark: Pro hac vice motion(s) granted for Enu A Mainigi, Jesse T Smallwood on behalf of Defendant JPMorgan Chase Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

ORDER granting the Joint 24 Motion to Set a Briefing Schedule and Authorize Filing of a Consolidated Motion to Dismiss. To permit adequate time for coordination on consolidated briefing, the briefing schedule shall be as follows: Motion to Dismiss: 4/21/2025; Response: 6/20/2025; Reply: July 21, 2025. The Parties shall confer for prefiling purposes on or prior to 3/21/2025. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/21/2025. (ESG) (Entered: 01/21/2025)

Remark: Pro hac vice motion(s) granted for Jamie Dycus on behalf of Defendant Wells Fargo Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for David S Lesser, Paul Alessio Mezzina on behalf of Defendant Wells Fargo Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

MOTION to Seal Document 1 Complaint Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Fox, Andrew) (Entered: 01/28/2025)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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MOTION to Seal Document 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Motion to Seal Exhibit B to Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 01/28/2025)

*FILED at Doc. 41 *SEALED LODGED Proposed Exhibit B to Motion to Seal Complaint re: 27 MOTION to Seal Document 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Motion to Seal Exhibit B to Motion to Seal Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Early Warning Services LLC. (Fox, Andrew) *Modified on 3/5/2025 (MAP). (Entered: 01/28/2025)

Remark: Pro hac vice motion(s) granted for Matthew T Martens on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark: Pro hac vice motion(s) granted for Benjamin Chapin, Denis Reagan Hurley, III, David S Lesser, Noah A Levine on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Timothy Perla on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE OF ATTORNEY APPEARANCE: Aleksandra Topczewska appearing for Consumer Financial Protection Bureau. . (Topczewska, Aleksandra) (Entered: 01/31/2025)

RESPONSE to Motion re: 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint, 5 MOTION to Seal Document Lodged Complaint filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit Exhibit A (lodged under seal))(Brunner, Benjamin) (Entered: 01/31/2025)

1 Exhibit Exhibit A (lodged under seal)

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MOTION to Seal Document 30 Response to Motion, Exhibit A by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Proposed Order)(Brunner, Benjamin) (Entered: 01/31/2025)

1 Proposed Order Proposed Order

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*FILED at Doc. 42 *SEALED LODGED Proposed Exhibit A re: 31 MOTION to Seal Document 30 Response to Motion, Exhibit A. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Consumer Financial Protection Bureau. (Brunner, Benjamin) *Modified on 3/5/2025 (MAP). (Entered: 01/31/2025)

REPLY to Response to Motion re: 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Reply in Support of Defendants' Motion to Seal Complaint filed by Early Warning Services LLC. (Attachments: # 1 Exhibit A)(Fox, Andrew) (Entered: 02/07/2025)

MOTION to Seal Document 33 Reply to Response to Motion, Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 02/07/2025)

1 Proposed Order

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*FILED at Doc. 37 *SEALED LODGED Proposed Exhibit A to Defendants' Reply in Support of Motion to Seal Complaint re: 34 MOTION to Seal Document 33 Reply to Response to Motion, Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Early Warning Services LLC. (Fox, Andrew) *Modified on 2/11/2025 (MAP). (Entered: 02/07/2025)

ORDER granting 34 Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint. Signed by Judge Susan M Brnovich on 2/11/25. (MAP) (Entered: 02/11/2025)

Sealed Exhibit A to 33 Reply in Support of Motion to Seal Complaint by Early Warning Services LLC. (MAP) (Entered: 02/11/2025)

Disclosure Statement by Bank of America NA identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of America NA. (Marshall, Gregory) (Entered: 02/21/2025)

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Matthew W Lachman on behalf of Defendant JPMorgan Chase Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Remark re Pro Hac Vice Motion

NOTICE of Voluntary Dismissal by Consumer Financial Protection Bureau. (Jacques, Stephen) (Entered: 03/04/2025)

ORDER granting 26 Motion to Seal Complaint. The Clerk of Court is directed to file under seal the Complaint. FURTHER ORDERED that Defendants' Motion to Seal Exhibit B to Motion to Seal Complaint is GRANTED. The Clerk of Court is directed to file under seal Exhibit B to Defendants' Motion to Seal (Doc. 28). FURTHER ORDERED granting 31 Plaintiff's Motion to Seal Exhibit A. The Clerk of Court is directed to file under seal Exhibit A to Plaintiff's Opposition to Defendants' Motion to Seal Complaint (Doc. [ 32 ). Signed by Judge Susan M Brnovich on 3/5/25. (MAP) (Entered: 03/05/2025)

Sealed Exhibit B to 26 Motion to Seal by Early Warning Services LLC. (MAP) (Entered: 03/05/2025)

Sealed Exhibit A to 30 Response to Motion to Seal by Consumer Financial Protection Bureau. (MAP) (Entered: 03/05/2025)

ORDER Pursuant to Consumer Financial Protection Bureau's Notice of Dismissal (Doc. 39 ), IT IS ORDERED dismissing this case with prejudice. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this case. Signed by Judge Susan M. Brnovich on 3/5/2025. (ESG) (Entered: 03/05/2025)