Case: Consumer Financial Protection Bureau v. Active Network, LLC

COMPLAINT against Active Network, LLC, filed by Consumer Financial Protection Bureau. (Attachments: # 1 Civil Cover Sheet)(Egemonye, Uche) (Entered: 10/18/2022)

1 Civil Cover Sheet

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NOTICE of Attorney Appearance by Uche Egemonye on behalf of Consumer Financial Protection Bureau (Egemonye, Uche) (Entered: 10/18/2022)

AMENDED COMPLAINT against Active Network, LLC, filed by Consumer Financial Protection Bureau.(Egemonye, Uche) (Entered: 10/18/2022)

WAIVER OF SERVICE Returned Executed by Consumer Financial Protection Bureau. Active Network, LLC waiver sent on 10/18/2022, answer due 12/17/2022. (Egemonye, Uche) (Entered: 10/18/2022)

NOTICE of Attorney Appearance by Uche Egemonye on behalf of Consumer Financial Protection Bureau (Egemonye, Uche) (Entered: 10/18/2022)

Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, )

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, )

Case Assigned/Reassigned

Notice of Magistrate Availability

NOTICE of Attorney Appearance - Pro Hac Vice by Uche Egemonye on behalf of Consumer Financial Protection Bureau. (nkl, ) (Entered: 10/19/2022)

NOTICE of Attorney Appearance - Pro Hac Vice by Monika Moore on behalf of Consumer Financial Protection Bureau. (nkl, ) (Entered: 10/19/2022)

NOTICE of Attorney Appearance by Clayton Edward Bailey on behalf of Active Network, LLC (Bailey, Clayton) (Entered: 10/20/2022)

NOTICE of Attorney Appearance - Pro Hac Vice by James Douglas Baldridge on behalf of Active Network, LLC. Filing fee $ 100, receipt number BTXEDC-9203190. (Baldridge, James) (Entered: 10/31/2022)

NOTICE of Attorney Appearance - Pro Hac Vice by Leonard L Gordon on behalf of Active Network, LLC. Filing fee $ 100, receipt number ATXEDC-9203241. (Gordon, Leonard) (Entered: 10/31/2022)

NOTICE of Attorney Appearance - Pro Hac Vice by Benjamin E Horowitz on behalf of Active Network, LLC. Filing fee $ 100, receipt number ATXEDC-9203255. (Horowitz, Benjamin) (Entered: 10/31/2022)

NOTICE of Attorney Appearance - Pro Hac Vice by Elizabeth Rinehart on behalf of Active Network, LLC. Filing fee $ 100, receipt number ATXEDC-9203501. (Rinehart, Elizabeth) (Entered: 10/31/2022)

Agreed MOTION to Stay by Consumer Financial Protection Bureau. (Attachments: # 1 Text of Proposed Order [Proposed] Agreed Order)(Egemonye, Uche) (Attachment 1 replaced on 11/17/2022) (baf, ). (Entered: 11/16/2022)

1 Text of Proposed Order [Proposed] Agreed Order

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ORDER STAYING CASE - granting 13 Agreed MOTION to Stay filed by Consumer Financial Protection Bureau. Signed by District Judge Amos L. Mazzant, III on 11/29/2022. (baf, ) (Entered: 11/29/2022)

MOTION for Modification of Stay for the Limited Purpose of Issuing Third-Party Subpoenas To Preserve Documents by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Moore, Monika) (Entered: 07/19/2023)

Unopposed MOTION to Withdraw as Attorney by Active Network, LLC. (Attachments: # 1 Proposed Order)(Bailey, Clayton) (Entered: 07/20/2023)

ORDER granting 16 Motion to Withdraw as Attorney. Attorney James Douglas Baldridge terminated. Signed by District Judge Amos L. Mazzant, III on 7/20/2023. (baf, ) (Entered: 07/20/2023)

Unopposed MOTION to Withdraw as Attorney by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Proposed Order)(Egemonye, Uche) (Entered: 07/25/2023)

ORDER granting 18 Motion to Withdraw as Attorney. Attorney Uche Egemonye terminated. Signed by District Judge Amos L. Mazzant, III on 7/27/2023. (baf, ) (Entered: 07/27/2023)

ORDER granting 15 Motion for Modification of Stay for the LImited Purpose of Issuing Third-Party Subpoenas to Preserve Documents. Signed by District Judge Amos L. Mazzant, III on 8/10/2023. (baf, ) (Entered: 08/10/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Christopher Jackson on behalf of Consumer Financial Protection Bureau. (nkl, ) (Entered: 09/06/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Lindsey Meredith Siegel on behalf of Consumer Financial Protection Bureau.(nkl, ) (Entered: 03/05/2024)

NOTICE by Consumer Financial Protection Bureau (Siegel, Lindsey) (Entered: 05/17/2024)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 3 Amended Complaint by Active Network, LLC. (Attachments: # 1 Proposed Order granting unopposed motion to extend deadline to file answer or otherwise respond)(Bailey, Clayton) (Entered: 05/23/2024)

ORDER granting 24 UNOPPOSED MOTION for Extension of Time to File Response to 3 Amended Complaint. It is ORDERED that Active Network, LLC shall have until and including Monday, June 17, 2024, to file an answer or otherwise respond to Plaintiff Consumer Financial Protection Bureau's Amended Complaint. Signed by District Judge Amos L. Mazzant, III on 5/24/2024. (jmb) (Entered: 05/24/2024)

Update Answer Deadline

Answer Due Deadline Updated for Active Network, LLC to 6/17/2024. (jmb)

UNOPPOSED MOTION to Withdraw as Attorney by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Moore, Monika) (Entered: 06/12/2024)

ORDER granting 26 Motion to Withdraw as Attorney. Attorney Monika Moore terminated. Signed by District Judge Amos L. Mazzant, III on 6/17/2024. (baf) (Entered: 06/17/2024)

MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support by Active Network, LLC. (Attachments: # 1 Proposed Order)(Bailey, Clayton) (Entered: 06/17/2024)

1 Proposed Order

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MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Jackson, Christopher) (Entered: 06/20/2024)

MOTION to Stay re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support by Active Network, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bailey, Clayton) (Entered: 06/21/2024)

1 Exhibit A

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2 Proposed Order

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MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Stay re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Jackson, Christopher) (Entered: 06/27/2024)

ORDER granting 29 MOTION for Extension of Time to File Response as to 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support . Responses due by 7/15/2024. Signed by District Judge Amos L. Mazzant, III on 6/27/2024. (baf) (Entered: 06/27/2024)

ORDER granting 31 MOTION for Extension of Time to File Response as to 30 MOTION to Stay Discovery. Responses due by 7/15/2024. Signed by District Judge Amos L. Mazzant, III on 6/27/2024. (baf) (Entered: 06/27/2024)

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Appendix Joint Proposed Scheduling Order)(Jackson, Christopher) (Entered: 07/01/2024)

NOTICE of Attorney Appearance by J. Khalid Hargrove on behalf of Consumer Financial Protection Bureau (Hargrove, J. Khalid) (Entered: 07/02/2024)

NOTICE OF COMPLIANCE by Active Network, LLC (Bailey, Clayton) (Entered: 07/12/2024)

NOTICE of Discovery Disclosure by Consumer Financial Protection Bureau (Siegel, Lindsey) (Entered: 07/12/2024)

RESPONSE in Opposition re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Consumer Financial Protection Bureau. (Jackson, Christopher) (Entered: 07/15/2024)

RESPONSE in Opposition re 30 MOTION to Stay re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit A)(Jackson, Christopher) (Entered: 07/15/2024)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 39 Response in Opposition to Motion, 38 Response in Opposition to Motion, by Active Network, LLC. (Attachments: # 1 Proposed Order Granting Unopposed Motion to Extend Deadline to File Replies)(Bailey, Clayton) (Entered: 07/17/2024)

ORDER granting 40 Active Network, LLC's Unopposed Motion to Extend Deadline to File Replies in Support of Motion to Dismiss and Motion to Stay. Replies due by 7/29/2024. Signed by District Judge Amos L. Mazzant, III on 7/18/2024. (jmb) (Entered: 07/18/2024)

JOINT AGREED SCHEDULING ORDER. Signed by District Judge Amos L. Mazzant, III on 7/26/2024. (baf) (Entered: 07/26/2024)

RESPONSE in Support re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Active Network, LLC. (Bailey, Clayton) (Entered: 07/29/2024)

RESPONSE in Support re 30 MOTION to Stay re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Active Network, LLC. (Attachments: # 1 Exhibit 1)(Bailey, Clayton) (Entered: 07/29/2024)

SUR-REPLY to Reply to Response re 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Hargrove, J. Khalid) (Entered: 08/05/2024)

1 Proposed Order

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UNOPPOSED MOTION for Leave to File Sur-Sur-Reply by Active Network, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bailey, Clayton) (Entered: 08/07/2024)

ORDER granting 46 Motion for Leave to File Sur-Sur-Reply. Signed by District Judge Amos L. Mazzant, III on 8/9/2024. (baf) (Entered: 08/09/2024)

SUR-REPLY to Reply to Response re 46 UNOPPOSED MOTION for Leave to File Sur-Sur-Reply, 28 MOTION to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b)(6) and Brief in Support filed by Active Network, LLC. (Bailey, Clayton) (Entered: 08/09/2024)

JOINT MOTION for Protective Order by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Hargrove, J. Khalid) (Attachment 1 replaced on 10/7/2024) (baf). (Entered: 10/04/2024)

JOINT MOTION Stipulated Order Regarding Discovery of Electronically Stored Information by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order, # 2 Additional Attachment(s))(Hargrove, J. Khalid) (Attachment 1 replaced on 10/7/2024) (baf). (Entered: 10/04/2024)

MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant Active Network, LLC's Motion to Dismiss Plaintiff's First Amended Complaint Under Federal Rule of Civil Procedure 12(b) (6) and Brief in Support (Dkt. 28 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 10/7/2024. (baf) (Entered: 10/07/2024)

ORDER. It is therefore ORDERED that Defendant Active Network, LLC's Motion to Stay Discovery (Dkt. 30 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 10/7/2024. (baf) (Entered: 10/07/2024)

STIPULATED PROTECTIVE ORDER. Signed by District Judge Amos L. Mazzant, III on 10/7/2024. (baf) (Entered: 10/07/2024)

STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by District Judge Amos L. Mazzant, III on 10/7/2024. (baf) (Entered: 10/07/2024)

ANSWER to 3 Amended Complaint by Active Network, LLC.(Bailey, Clayton) (Entered: 10/21/2024)

Notice of Magistrate Judge Availability

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf)

DEMAND for Trial by Jury by Active Network, LLC. (Bailey, Clayton) (Entered: 11/04/2024)

JOINT MOTION for Extension of Time to File Plaintiff's Motion to Strike by Consumer Financial Protection Bureau. (Siegel, Lindsey) (Additional attachment(s) added on 11/12/2024: # 1 Proposed Order) (baf). (Entered: 11/12/2024)

JOINT MOTION to Amend/Correct 42 Scheduling Order/Docket Control Order by Active Network, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bailey, Clayton) (Entered: 11/13/2024)

ORDER granting 57 Motion to Extend Plaintiff's Deadline for Motion to Strike a Portion of Defendant's Answer. Deadline extended to 11/19/2024. Signed by District Judge Amos L. Mazzant, III on 11/14/2024. (baf) (Entered: 11/14/2024)

JOINT AMENDED SCHEDULING ORDER granting 58 JOINT MOTION to Amend/Correct 42 Scheduling Order/Docket Control Order filed by Active Network, LLC. Signed by District Judge Amos L. Mazzant, III on 11/19/2024. (baf) (Entered: 11/19/2024)

MOTION to Strike Affirmative Defense in Defendant's Answer 55 by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Jackson, Christopher) (Entered: 11/19/2024)

RESPONSE in Opposition re 61 MOTION to Strike Affirmative Defense in Defendant's Answer 55 filed by Active Network, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Rinehart, Elizabeth) (Entered: 12/03/2024)

REPLY to Response re 61 MOTION to Strike Affirmative Defense in Defendant's Answer 55 filed by Consumer Financial Protection Bureau. (Jackson, Christopher) (Entered: 12/10/2024)

JOINT MOTION to Amend/Correct 60 Scheduling Order/Docket Control Order, Terminate Motions by Active Network, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bailey, Clayton) (Entered: 01/10/2025)

ORDER granting 64 Joint Motion to Amend the Scheduling Order. The Court will separately enter an Amended Scheduling Order. Signed by District Judge Amos L. Mazzant, III on 1/22/2025. (CLC) (Entered: 01/22/2025)

MOTION to Stay by Active Network, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Bailey, Clayton) (Entered: 02/13/2025)

RESPONSE re 66 MOTION to Stay filed by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Jackson, Christopher) (Entered: 02/27/2025)

1 Proposed Order

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MOTION to Withdraw as Attorney Lindsey Meredith Siegel by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order)(Jackson, Christopher) (Entered: 03/04/2025)

1 Proposed Order

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ORDER granting 66 Motion to Stay. It is ORDERED that all proceedings in this matter are stayed for up to sixty (60) days pending the resolution of Plaintiff Consumer Financial Protection Bureau (CFPB)'s consideration as to whether to continue this litigation. Signed by Chief District Judge Amos L Mazzant on 3/6/2025. (CLC) (Entered: 03/06/2025)

ORDER granting 68 Motion to Withdraw as Attorney. It is ORDERED that attorney Lindsey Siegel is hereby withdrawn as counsel of record for Plaintiff Consumer Financial Protection Bureau, and that Ms. Siegel be removed from the docket and all service lists and no longer receive electronic notice in this case. Signed by Chief District Judge Amos L Mazzant on 3/6/2025. (CLC) (Entered: 03/06/2025)

JOINT STIPULATION of Dismissal by Consumer Financial Protection Bureau. (Jackson, Christopher) (Entered: 04/30/2025)