Case: Consumer Financial Protection Bureau v. Acima Holdings

Case has been indexed and assigned to Judge David Barlow. Plaintiff Consumer Financial Protection Bureau is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (Filing on Behalf of the United States)NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF versionEditSign and email it to utdecf_clerk@utd.uscourts.gov for issuance. (sg) (Entered: 07/26/2024)

COMPLAINT against All Defendants No Fee Required - US Government filed by Consumer Financial Protection Bureau. (Attachments: # 1 Civil Cover Sheet) (Trombley, Sarah) (Entered: 07/26/2024)

1 Civil Cover Sheet

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NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Consumer Financial Protection Bureau. (Notice generated by Clerk's office) Form due by 8/19/2024. (kec) (Entered: 07/29/2024)

Summons Issued Electronically as to Aaron Allred. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) (Entered: 07/29/2024)

Summons Issued Electronically as to Acima Digital. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) (Entered: 07/29/2024)

Summons Issued Electronically as to Acima Holdings. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) (Entered: 07/29/2024)

WAIVER OF SERVICE Returned Executed filed by Consumer Financial Protection Bureau (Bartolomey, Francesca) (Entered: 08/06/2024)

WAIVER OF SERVICE Returned Executed filed by Consumer Financial Protection Bureau (Bartolomey, Francesca) (Entered: 08/12/2024)

WAIVER OF SERVICE Returned Executed filed by Consumer Financial Protection Bureau (Bartolomey, Francesca) (Entered: 08/12/2024)

NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Paul R. Genender for Acima Digital, Acima Holdings. (kpf) (Entered: 08/13/2024)

Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Exhibit A - Texas Action, ECF 8, Amended Complaint, # 2 Exhibit B - Texas Action, ECF 1, Complaint) Attorney Benson L. Hathaway, Jr added to party Acima Digital (pty:dft), Attorney Benson L. Hathaway, Jr added to party Acima Holdings(pty:dft)(Hathaway, Benson) (Entered: 09/16/2024)

CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Acima Digital, Acima Holdings identifying Upbound Group, Inc. as Corporate Parent. (Hathaway, Benson) (Entered: 09/16/2024)

NOTICE of Appearance by Matthew A. Steward on behalf of Aaron Allred (Steward, Matthew) (Entered: 09/17/2024)

NOTICE of Appearance by Walter A. Romney, Jr on behalf of Aaron Allred (Romney, Walter) (Entered: 09/17/2024)

MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay and Request for Extension filed by Defendant Aaron Allred. (Romney, Walter) (Entered: 09/17/2024)

NOTICE of Appearance by Nickolas C. Sessions on behalf of Aaron Allred (Sessions, Nickolas) (Entered: 09/17/2024)

Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay and Request for Extension and Memorandum in Support, Defendant's MOTION to Expedite Resolution of Motion to Transfer or in the Alternative to Stay and Memorandum in Support, Defendant's MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings, Aaron Allred. (Hathaway, Benson) (Entered: 09/17/2024)

NOTICE of Appearance by Alexander Broche on behalf of Consumer Financial Protection Bureau (Broche, Alexander) (Entered: 09/19/2024)

Stipulated MOTION for Extension of Time to File Answer re 2 Complaint, 17 Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer orDefendant's MOTION to Expedite Resolution of Motion to Transfer or in the Alternative to Stay and Memorandum in Support Defendant's MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Exhibit A - Proposed Order)(Hathaway, Benson) (Entered: 09/24/2024)

Ex Parte (Not Sealed) MOTION to Expedite Briefing and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings, Aaron Allred. (Attachments: # 1 Exhibit Proposed Order)(Hathaway, Benson) (Entered: 09/24/2024)

MOTION for Admission Pro Hac Vice of Bradley J. Bondi, Registration fee $ 50, receipt number AUTDC-5193584,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Exhibit A - Application for Pro Hac Vice Admission (Brad Bondi), # 2 Exhibit B - proposed Order on Pro Hac Vice Admission (Brad Bondi))(Hathaway, Benson) (Entered: 09/24/2024)

MOTION for Admission Pro Hac Vice of Matthew P. Previn, Registration fee $ 50, receipt number AUTDC-5193605,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Exhibit A - Application for Pro Hac Vice Admission (Matthew Previn), # 2 Exhibit B - proposed Order on Pro Hac Vice Admission (Matthew Previn))(Hathaway, Benson) (Entered: 09/24/2024)

NOTICE of Appearance by Derick Koo Sohn, Jr on behalf of Consumer Financial Protection Bureau (Sohn, Derick) (Entered: 09/25/2024)

RESPONSE to Motion re 20 Ex Parte (Not Sealed) MOTION to Expedite Briefing and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Sohn, Derick) (Entered: 09/25/2024)

NOTICE of Appearance by Joseph Frisone on behalf of Consumer Financial Protection Bureau re: 24 (Frisone, Joseph) (Entered: 09/25/2024)

ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. (crk) (Entered: 09/25/2024)

Order Referring Case to Magistrate Judge

Order Referring Motion

ORDER REFERRING MOTION 19 Stipulated MOTION for Extension of Time to File Answer re 2 Complaint, 17 Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay filed by Acima Holdings, Acima Digital, 22 MOTION for Admission Pro Hac Vice of Matthew P. Previn, Registration fee $ 50, receipt number AUTDC-5193605,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of cas filed by Acima Holdings, Acima Digital, 17 Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer orDefendant's MOTION to Expedite Resolution of Motion to Transfer or in the Alternative to Stay and Memorandum in Support Defendant's MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support filed by Aaron Allred, Acima Holdings, Acima Digital, 21 MOTION for Admission Pro Hac Vice of Bradley J. Bondi, Registration fee $ 50, receipt number AUTDC-5193584,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case filed by Acima Holdings, Acima Digital, 20 Ex Parte (Not Sealed) MOTION to Expedite Briefing and Memorandum in Support filed by Aaron Allred, Acima Holdings, Acima Digital Motions referred to Cecilia M. Romero. (crk)

ORDER granting 19 Motion for Extension of Time to Answer re 19 Stipulated MOTION for Extension of Time to File Answer re 2 Complaint. Answer deadline updated for Acima Digital answer due 10/14/2024; Acima Holdings answer due 10/14/2024. Signed by Magistrate Judge Cecilia M. Romero on 09/26/2024. (kpf) (Entered: 09/26/2024)

ORDER granting 20 Motion for Extension of Time to File Response/Reply re: 17 Defendant's MOTION to Stay. The court GRANTS IN PART the Motion and ORDERS that Plaintiffs response to the Motion to Stay (ECF 17) is due on or before Monday September 30, 2024, and Defendants reply supporting the Motion to Stay is due on or before Monday, October 7, 2024. Signed by Magistrate Judge Cecilia M. Romero on 09/26/2024. (kpf) (Entered: 09/26/2024)

ORDER granting 21 Motion for Admission Pro Hac Vice of Attorney Bradley J Bondi for Acima Digital, Bradley J Bondi for Acima Holdings.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 09/26/2024. (kpf) (Entered: 09/26/2024)

ORDER granting 22 Motion for Admission Pro Hac Vice of Attorney Matthew P Previn for Acima Digital, Matthew P Previn for Acima Holdings.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 09/26/2024. (kpf) (Entered: 09/26/2024)

AMENDED COMPLAINT against All Defendants. filed by Consumer Financial Protection Bureau. (Trombley, Sarah) (Entered: 09/27/2024)

MEMORANDUM in Opposition re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 17 Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer orDefendant's MOTION to Expedite Resolution of Motion to Transfer or in the Alternative to Stay and Memorandum in Support Defendant's MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay and Request for Extension filed by Plaintiff Consumer Financial Protection Bureau. (Frisone, Joseph) (Entered: 09/30/2024)

NOTICE of Appearance by Alyssa Nielsen on behalf of Acima Digital, Acima Holdings (Nielsen, Alyssa) (Entered: 10/02/2024)

Defendant's REPLY to Response to Motion re 17 Defendant's MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay, 15 MOTION to Stay re 11 Defendant's MOTION and Memorandum in Support to Transfer orDefendant's MOTION to Expedite Resolution of Motion to Transfer or in the Alternative to Stay and Memorandum in Support Defendant's MOTION for Extension of Time to File Answer re 2 Complaint and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings, Aaron Allred. (Hathaway, Benson) (Entered: 10/02/2024)

Defendant's MEMORANDUM in Support re 11 Defendant's MOTION and Memorandum in Support to Transfer or in the Alternative to Stay filed by Defendants Acima Digital, Acima Holdings. (Hathaway, Benson) (Entered: 10/07/2024)

ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 10/08/2024. (kpf) (Entered: 10/08/2024)

Stipulated MOTION for Extension of Time to File Answer re 27 Order on Motion for Extension of Time to Answer, and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Text of Proposed Order proposed order on stipulated motion to extend) Motions referred to Cecilia M. Romero.(Hathaway, Benson) (Entered: 10/10/2024)

Defendant's MOTION enlarge page limit and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Enlarge Page Limit) Motions referred to Cecilia M. Romero.(Hathaway, Benson) (Entered: 10/11/2024)

ORDER granting 37 Motion for Extension of Time to Answer re 37 Stipulated MOTION for Extension of Time to File Answer re 27 Order on Motion for Extension of Time to Answer, and Memorandum in Support . Answer deadline updated for Acima Digital answer due 10/28/2024; Acima Holdings answer due 10/28/2024; Aaron Allred answer due 10/28/2024. Signed by Magistrate Judge Cecilia M. Romero on 10/11/24. (jrj) (Entered: 10/11/2024)

ERRATA 22 filed by Defendants Acima Digital, Acima Holdings to Motion for Pro Hac Vice Admission (DKT. 22). (Attachments: # 1 Exhibit 1 - (Dkt. 22-1 Application for Pro Hac Vice Admission)(Hathaway, Benson) Modified to link to motion on 10/15/2024 (kpf). (Entered: 10/11/2024)

ORDER granting 38 Motion to enlarge page limit for Defendants Motion to Dismiss shall be enlarged by 10 pages, and Plaintiffs Opposition to Defendants Motion to Dismiss shall also be enlarged by 10 pages. Signed by Magistrate Judge Cecilia M. Romero on 10/15/2024. (kpf) (Entered: 10/15/2024)

MEMORANDUM DECISION & Order: The court hereby GRANTS the Motion (ECF 17) and ORDERS that the matter is stayed pending resolution of Acimas Motion (ECF 11). Defendants responsive pleading is due no later than 14 days after the courts ruling on Acimas Motion. Plaintiff will receive an extension of 14 days for the filing of any opposition to Defendants responsive pleading or motion under Federal Rule of Civil Procedure 12. Signed by Magistrate Judge Cecilia M. Romero on 10/25/2024. (kpf) (Entered: 10/25/2024)

MEMORANDUM DECISION and Order: Defendant's Motions 11 to Transfer and 15 Motion to Stay are DENIED. Signed by Judge David Barlow on 12/02/2024. (kpf) (Entered: 12/02/2024)

MOTION for Admission Pro Hac Vice of Tierney E. Smith, Registration fee $ 50, receipt number AUTDC-5272065,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Aaron Allred. (Steward, Matthew) (Entered: 12/13/2024)

Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Exhibit 1 - Declaration of Matthew Previn)(Hathaway, Benson) (Entered: 12/16/2024)

Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Aaron Allred. (Romney, Walter) (Entered: 12/16/2024)

NOTICE OF DEFICIENCY re 44 MOTION for Admission Pro Hac Vice of Tierney E. Smith, Registration fee $ 50, receipt number AUTDC-5272065. The motion has been stricken and terminated. Error: There is no motion or proposed order. Please note: The application and proposed order should be an attachment to the motion. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (kpf) (Entered: 12/17/2024)

MOTION for Admission Pro Hac Vice of Tierney E. Smith, Registration fee $ 50, receipt number AUTDC-5272065,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Aaron Allred. (Attachments: # 1 Exhibit 1 - Application, # 2 Text of Proposed Order)(Romney, Walter) (Entered: 12/17/2024)

ORDER granting 48 Motion for Admission Pro Hac Vice of Attorney Tierney E. Smith for Aaron Allred.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 12/18/2024. (kpf) (Entered: 12/18/2024)

MEMORANDUM in Opposition re 45 Defendant's MOTION to Dismiss and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Trombley, Sarah) (Entered: 01/24/2025)

MEMORANDUM in Opposition re 46 Defendant's MOTION to Dismiss and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Trombley, Sarah) (Entered: 01/24/2025)

Defendant's MOTION for Extension of Time to File Response/Reply as to 45 Defendant's MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Attachments: # 1 Text of Proposed Order Proposed Order) Motions referred to Cecilia M. Romero.(Hathaway, Benson) (Entered: 01/30/2025)

MOTION for Extension of Time to File Response/Reply as to 46 Defendant's MOTION to Dismiss and Memorandum in Support and Joinder in Defendants Amica Digital, LLC and Amica Holdings, LLC's Motion for Additional Time to File Reply (Dkt. #52) filed by Defendant Aaron Allred. (Attachments: # 1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Steward, Matthew) (Entered: 01/31/2025)

ORDER granting 52 Motion for Leave to Enlarge Page Limit and for additional time to file reply. The page limit for Acimas Reply shall be enlarged by 5 pages and the deadline for Acima to file its Reply shall be extended by 14 days. Signed by Judge David Barlow on 01/31/2025. (kpf) (Entered: 01/31/2025)

ORDER granting 53 Motion for Extension of Time to File Response/Reply. The deadline for Defendant Aaron Allred to file his Reply shall be extended by 14 days. Signed by Judge David Barlow on 02/04/2025. (kpf) (Entered: 02/04/2025)

Defendant's REPLY to Response to Motion re 45 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Acima Digital, Acima Holdings. (Hathaway, Benson) (Entered: 02/21/2025)

REPLY to Response to Motion re 46 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Aaron Allred. (Romney, Walter) (Entered: 02/21/2025)

REPLY to Response to Motion re 46 Defendant's MOTION to Dismiss and Memorandum in Support [Corrected] filed by Defendant Aaron Allred. (Romney, Walter) (Entered: 02/22/2025)

NOTICE of Voluntary Dismissal filed by Plaintiff Consumer Financial Protection Bureau (Bartolomey, Francesca) (Entered: 03/06/2025)

NOTICE FROM THE COURT. On March 6, 2025, Plaintiff filed 59 Notice of Voluntary Dismissal. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the dismissal with prejudice is self-effectuating. The case has been dismissed with prejudice. No order will follow. (crk) (Entered: 03/07/2025)

Civil Case Terminated as per Notice 60 from the Court. Magistrate Judge Cecilia M. Romero no longer assigned to case. (kpf)