Case: Consumer Financial Protection Bureau v. Comerica Bank

COMPLAINT against Comerica Bank filed by Consumer Financial Protection Bureau. (Filer fee note- Filed by the USA) Summons(es) not requested at this time. 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. (Hargrove, J) (Entered: 12/06/2024)

Supplemental Document by Consumer Financial Protection Bureau as to 1 Complaint,,,, Civil Cover Sheet. (Hargrove, J) (Entered: 12/06/2024)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Consumer Financial Protection Bureau. (Clerk QC note: No affiliate entered in ECF). (Hargrove, J) (Entered: 12/06/2024)

MOTION For Leave to Proceed Without Local Counsel filed by Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Hargrove, J) (Entered: 12/06/2024)

Brief/Memorandum in Support filed by Consumer Financial Protection Bureau re 4 MOTION For Leave to Proceed Without Local Counsel (Hargrove, J) (Entered: 12/06/2024)

Appendix in Support filed by Consumer Financial Protection Bureau re 4 MOTION For Leave to Proceed Without Local Counsel (Attachments: # 1 Declaration(s)) (Hargrove, J) (Entered: 12/06/2024)

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 Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Hargrove, J) (Entered: 12/06/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Alex J. Grant (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Hargrove, J) (Entered: 12/06/2024)

NOTICE of Related Case Comerica Bank v. Consumer Financial Protection Bureau re: 1 Complaint,,,, filed by Consumer Financial Protection Bureau (Hargrove, J) (Entered: 12/06/2024)

New Case Notes: A filing fee is not due for this case. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge McKay). Clerk to provide copy to plaintiff if not received electronically. (ndt) (ndt). (Entered: 12/06/2024)

ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of J. Khalid Hargrove. 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 Sam A. Lindsay on 12/10/2024) (chmb) (Entered: 12/10/2024)

ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Alex J, Grant. 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 Sam A. Lindsay on 12/10/2024) (chmb) (Entered: 12/10/2024)

Order on Application for Admission Pro Hac Vice

WAIVER OF SERVICE Returned Executed as to Comerica Bank. Waiver sent on 12/9/2024. (Hargrove, J) (Entered: 12/12/2024)

ORDER: This case is hereby transferred to the docket of the Honorable United States District Judge Jane Boyle. This action shall henceforth carry the suffix letter "B." All future pleadings and other papers shall henceforth be filed under Civil Action No. 3:24-CV-3054-B. Judge Sam A. Lindsay no longer assigned to case. (Ordered by Judge Sam A. Lindsay on 12/16/2024) (ykp) (Entered: 12/16/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew P. Previn (Filing fee $100; Receipt number ATXNDC-15136913) filed by Comerica Bank Attorney Paul R. Genender added to party Comerica Bank(pty:dft) (Genender, Paul) (Entered: 12/18/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonice M. Gray (Filing fee $100; Receipt number ATXNDC-15136941) filed by Comerica Bank (Genender, Paul) (Entered: 12/18/2024)

NOTICE of Attorney Appearance by Paul R. Genender on behalf of Comerica Bank. (Filer confirms contact info in ECF is current.) (Genender, Paul) (Entered: 12/18/2024)

NOTICE of Attorney Appearance by Paul R. Genender for Matthew P. Previn on behalf of Comerica Bank. (Genender, Paul) (Entered: 12/18/2024)

NOTICE of Attorney Appearance by Paul R. Genender for Jonice M. Gray on behalf of Comerica Bank. (Genender, Paul) (Entered: 12/18/2024)

ELECTRONIC ORDER granting 15 Application for Admission Pro Hac Vice of Matthew P. Previn. 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 Jane J Boyle on 12/19/2024) (chmb) (Entered: 12/19/2024)

ELECTRONIC ORDER granting 16 Application for Admission Pro Hac Vice of Jonice M. Gray. 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 Jane J Boyle on 12/19/2024) (chmb) (Entered: 12/19/2024)

ELECTRONIC ORDER granting 4 Motion to Proceed without Local Counsel. Plaintiff Consumer Financial Protection Bureau can proceed in this matter without naming local counsel. (Ordered by Judge Jane J Boyle on 12/19/2024) (chmb) (Entered: 12/19/2024)

Order on Motion for Miscellaneous Relief

Order on Application for Admission Pro Hac Vice

Unopposed MOTION to Extend Time deadline to file Motion to Dismiss filed by Comerica Bank (Attachments: # 1 Proposed Order) (Genender, Paul) (Entered: 01/30/2025)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Comerica Bank. (Clerk QC note: Affiliate entry indicated). (Genender, Paul) (Entered: 01/31/2025)

ELECTRONIC ORDER granting in part and denying in part 23 Unopposed Motion to Extend Time. Defendant must file an answer or otherwise respond to Plaintiff's Complaint on or before February 21, 2025. If Defendant files a Rule 12(b) motion, Plaintiff must file a response on or before March 21, 2025. Defendant must file any reply in support of their Rule 12(b) motions on or before April 14, 2025. The Court denies the parties' request to increase the page limits for Defendant's motion to dismiss because the parties failed to demonstrate "extraordinary and compelling reasons" to do so. See L.R. 7.2(c). (Ordered by Judge Jane J Boyle on 2/3/2025) (chmb) (Entered: 02/03/2025)

Order on Motion for Extension of Time

MOTION to Dismiss filed by Comerica Bank (Attachments: # 1 Exhibit(s) A) (Genender, Paul) (Entered: 02/21/2025)

1 Exhibit(s) A

View on RECAP

Brief/Memorandum in Support filed by Comerica Bank re 26 MOTION to Dismiss (Genender, Paul) (Entered: 02/21/2025)

MOTION to Stay filed by Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Hargrove, J) (Entered: 03/03/2025)

1 Proposed Order

View on PACER

RESPONSE AND OBJECTION filed by Comerica Bank re: 28 MOTION to Stay (Genender, Paul) (Entered: 03/05/2025)

ORDER denying Plaintiff Consumer Financial Protection Bureau ("CFPB")'s 28 Motion to Stay. (Ordered by Judge Jane J Boyle on 3/10/2025) (twd) (Entered: 03/10/2025)

AMENDED COMPLAINT against Comerica Bank filed by Consumer Financial Protection Bureau. 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. (Hargrove, J) (Entered: 03/13/2025)

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 Consumer Financial Protection Bureau Attorney Jonathan H Hatch added to party Consumer Financial Protection Bureau(pty:pla) (Hatch, Jonathan) (Entered: 03/14/2025)

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 Consumer Financial Protection Bureau Attorney Jack Douglas Wilson added to party Consumer Financial Protection Bureau(pty:pla) (Wilson, Jack) (Main Document 33 replaced to flatten PDF on 3/14/2025) (agc). (Entered: 03/14/2025)

ELECTRONIC ORDER denying as moot 26 Defendant's Motion to Dismiss in light of 31 Plaintiff's Amended Complaint. (Ordered by Judge Jane J Boyle on 3/14/2025) (chmb) (Entered: 03/14/2025)

ELECTRONIC ORDER granting 32 Application for Admission Pro Hac Vice of Jonathan Hatch. If not already done, Applicant must register as an ECF User within 14 days. N.D. Tex. Civ. R. 5.1(f). (Ordered by Judge Jane J Boyle on 3/14/2025) (chmb) (Entered: 03/14/2025)

ELECTRONIC ORDER granting 33 Application for Admission Pro Hac Vice of Jack Douglas Wilson. If not already done, Applicant must register as an ECF User within 14 days. N.D. Tex. Civ. R. 5.1(f). (Ordered by Judge Jane J Boyle on 3/14/2025) (chmb) (Entered: 03/14/2025)

Order on Application for Admission Pro Hac Vice

Order on Motion to Dismiss

MOTION to Dismiss Amended Complaint filed by Comerica Bank (Attachments: # 1 Exhibit(s) A) (Genender, Paul) (Entered: 03/17/2025)

Brief/Memorandum in Support filed by Comerica Bank re 37 MOTION to Dismiss Amended Complaint (Genender, Paul) (Entered: 03/17/2025)

MOTION for Extension of Time to File Response/Reply to 37 MOTION to Dismiss Amended Complaint filed by Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Hargrove, J) (Entered: 04/07/2025)

ELECTRONIC ORDER denying 39 Motion to Extend Time. Plaintiff has failed to demonstrate that good cause exists to extend its deadline to file a response to 37 Defendant's Motion to Dismiss. (Ordered by Judge Jane J Boyle on 4/8/2025) (chmb) (Entered: 04/08/2025)

Order on Motion to Extend Time to File Response/Reply

ORDER TO SHOW CAUSE re Defendant Comerica Bank ("Comerica")'s 37 Motion to Dismiss: After reviewing the papers and pleadings on file, the Court notes that the Plaintiff Consumer Financial Protection Bureau ("CFPB") has not filed a response to Comerica's Motion. Therefore, the Court ORDERS the following: By Friday, 4/18/2025, the CFPB must SHOW CAUSE, in writing, why it failed to file a response. If the CFPB intends to file a response to Comerica's Motion, the CFPB must request leave to do so. See generally FRCvP 6(b). Failure to comply with this Order may result in the Court dismissing the case for want of prosecution. (Ordered by Judge Jane J Boyle on 4/10/2025) (twd) (Entered: 04/10/2025)

NOTICE of Dismissal without prejudice filed by Consumer Financial Protection Bureau (Wilson, Jack) Modified text on 4/11/2025 (ndt). (Entered: 04/11/2025)

Civil Case Terminated per 42 Notice of Dismissal. (agc)