Case: Consumer Financial Protection Bureau v. Heights Finance Holding Co

Consumer Financial Protection Bureau v. Heights Finance Holding Co et al.

COMPLAINT against Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc, filed by Consumer Financial Protection Bureau. Service due by 11/20/2023.(kmca) (Entered: 08/25/2023)

Local Rule 26.01 Answers to Interrogatories by Consumer Financial Protection Bureau.(kmca) (Main Document 3 replaced on 8/29/2023 to edit text as provided by filing user) (lgib, ). (Entered: 08/25/2023)

Case Reassigned to Honorable Joseph Dawson, III. Honorable Henry M Herlong, Jr no longer assigned to the case. (bshr, ) (Entered: 08/28/2023)

Case Reassigned CV

MOTION to Appear Pro Hac Vice by Gregory W. Jones by Consumer Financial Protection Bureau. Response to Motion due by 9/12/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Affidavit of Jones)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 08/29/2023)

WAIVER OF SERVICE by Consumer Financial Protection Bureau. All Defendants. (Attachment: # 1 Waiver of Service - Heights Finance Holding Co., et al.) (Hendricks, David) Modified on 9/7/2023 to correct main document as provided by filing user (lgib, ). (Entered: 08/29/2023)

NOTICE of Appearance by William Marvin Wilson, III on behalf of Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc (Wilson, William) (Entered: 09/13/2023)

Local Rule 26.01 Answers to Interrogatories by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc.(Wilson, William) (Entered: 09/13/2023)

NOTICE of Appearance by William Joseph Farley, III on behalf of Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc (Farley, William) (Entered: 09/13/2023)

MOTION to Appear Pro Hac Vice by James Kim ( Filing fee $ 350 receipt number ASCDC-11318713) by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 9/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Farley, William) (Entered: 09/13/2023)

MOTION to Appear Pro Hac Vice by Sarah E. Pruett ( Filing fee $ 350 receipt number ASCDC-11318731) by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 9/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit, # 2 Exhibit - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Farley, William) (Entered: 09/13/2023)

MOTION to Appear Pro Hac Vice by Christopher J. Willis ( Filing fee $ 350 receipt number ASCDC-11318746) by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 9/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit, # 2 Exhibit - Certificate of Good Standing, # 3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Farley, William) (Entered: 09/13/2023)

TEXT ORDER granting unopposed 11 Motion in Support of Pro Hac Vice Application for James Kim, 12 Motion in Support of Pro Hac Vice Application for Sarah Elizabeth Pruett and 13 Motion in Support of Pro Hac Vice Application for Christopher J. Willis. Signed by the Honorable Joseph Dawson, III on 9/15/2023. (lgib, ) (Entered: 09/15/2023)

TEXT ORDER granting unopposed 6 Motion in Support of Pro Hac Vice Application for Gregory W. Jones. Signed by the Honorable Joseph Dawson, III on 9/15/2023. (lgib, ) (Entered: 09/15/2023)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Order on Motion to Appear Pro Hac Vice

MOTION to Appear Pro Hac Vice by John Thompson by Consumer Financial Protection Bureau. Response to Motion due by 10/2/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 09/18/2023)

TEXT ORDER granting unopposed 16 Motion in Support of Pro Hac Vice Application for John Thompson. Signed by the Honorable Joseph Dawson, III on 9/22/2023. (lgib, ) (Entered: 09/22/2023)

Order on Motion to Appear Pro Hac Vice

MOTION to Stay by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 10/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - Declaration of James Kim) No proposed order.(Wilson, William) See attachment 19 . (lgib, ) See supplement 35 (lgib, ). Modified on 1/18/2024, see supplement 37 . (lgib, ). (Entered: 10/09/2023)

1 Exhibit A - Declaration of James Kim

View on RECAP

Additional Attachments to Main Document 18 MOTION to Stay . First attachment description: Defendants' Memorandum Of Law In Support of their Motion to Stay . (Wilson, William) (Entered: 10/09/2023)

MOTION for Extension of Time (21 Days) to Respond to the Complaint Pending the Court's Ruling on Defendants' Motion to Stay by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 10/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) (Entered: 10/09/2023)

RESPONSE in Opposition re 20 MOTION for Extension of Time (21 Days) to Respond to the Complaint Pending the Court's Ruling on Defendants' Motion to Stay Response filed by Consumer Financial Protection Bureau.Reply to Response to Motion due by 10/19/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hendricks, David) (Entered: 10/12/2023)

REPLY to Response to Motion re 20 MOTION for Extension of Time (21 Days) to Respond to the Complaint Pending the Court's Ruling on Defendants' Motion to Stay Response filed by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. (Wilson, William) (Entered: 10/17/2023)

MOTION to Appear Pro Hac Vice by Stephanie B. Garlock by Consumer Financial Protection Bureau. Response to Motion due by 11/6/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 10/23/2023)

TEXT ORDER granting unopposed 23 Motion to Appear Pro Hac Vice for Stephanie B. Garlock on behalf of Consumer Financial Protection Bureau and granting unopposed 18 Defendants' Motion to Stay Pending U.S. Supreme Court Decision in CFPB v. Cmty. Fin. Servs. Assn of Am., No. 22-448 (U.S. argued Oct. 3, 2023). Within 30 days of the decision, the parties shall file a joint status report as to the impact of the Supreme Court decision on the disposition of this case and a proposed schedule for Defendants to respond to the Complaint. In light of the foregoing 20 Defendants' Motion for a 21-Day Extension of Time to Respond to the Complaint Pending the Courts Ruling on Defendants Motion to Stay is terminated as it is moot. Signed by the Honorable Joseph Dawson, III on 10/23/2023. (lgib, ) (Entered: 10/23/2023)

RESPONSE in Opposition re 18 MOTION to Stay Response filed by Consumer Financial Protection Bureau.Reply to Response to Motion due by 10/30/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hendricks, David) (Entered: 10/23/2023)

Order on Motion for Extension of Time AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Stay

TEXT ORDER: In light of the timely 26 response in opposition to the Defendants' motion to stay, the Court vacates 24 Text Order as to 18 Defendants' motion to stay only. Signed by the Honorable Joseph Dawson, III on 10/24/2023. (lgib, ) Modified on 10/24/2023 to edit text (lgib, ). (Entered: 10/24/2023)

ANSWER to 1 Complaint, by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc.(Farley, William) (Entered: 10/24/2023)

Order to Vacate

REPLY to Response to Motion re 18 MOTION to Stay Pending U.S. Supreme Court Decision Response filed by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. (Wilson, William) (Entered: 10/30/2023)

MOTION to Strike 28 Answer to Complaint, by Consumer Financial Protection Bureau. Response to Motion due by 11/27/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Hendricks, David) (Entered: 11/13/2023)

MOTION for Extension of Time to File Opposition to Plaintiff's Motion to Strike Portions of Defendants' Answer - Unopposed by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 11/28/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) (Entered: 11/14/2023)

TEXT ORDER granting 31 Unopposed Motion to Extend Time. Defendants Heights Finance Holding Co. f/k/a Southern Management Corporation, Covington Credit of Alabama, Inc., Southern Finance of Tennessee, Inc., Covington Credit of Georgia, Inc., Southern Finance of South Carolina, Inc., Covington Credit of Texas, Inc., Covington Credit, Inc., and Quick Credit Corporation's response to Plaintiff's Motion to Strike Portions of Defendants' Answer shall be filed on or before December 4, 2023. Signed by the Honorable Joseph Dawson, III on 11/20/2023. (lgib, ) (Entered: 11/20/2023)

Order on Motion for Extension of Time

RESPONSE in Opposition re 30 MOTION to Strike 28 Answer to Complaint, Response filed by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc.Reply to Response to Motion due by 12/11/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit A - Defendant's First Amended Answer to Complaint)(Wilson, William) (Entered: 12/04/2023)

REPLY to Response to Motion re 30 MOTION to Strike 28 Answer to Complaint, Response filed by Consumer Financial Protection Bureau. (Hendricks, David) (Entered: 12/08/2023)

SUPPLEMENT by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc to 18 MOTION to Stay . (Attachments: # 1 Exhibit A - Consumer Financial Protection Bureau v Purpose Financial Inc, # 2 Exhibit B- Consumer Financial Protection Bureau v Community Loans of America Inc., # 3 Exhibit C - Consumer Financial Protection Bureau v Moneylion Technologies Inc et al., # 4 Exhibit D - Consumer Financial Protection Bureau v. Check City Partnership LLC)(Wilson, William) (Entered: 01/04/2024)

REPLY by Consumer Financial Protection Bureau to 35 Supplement,, . (Attachments: # 1 Exhibit 1 - Order in CFPB v. Commonwealth Equity Grp., LLC)(Hendricks, David) Modified on 1/11/2024 to add description to exhibit (prou, ). (Entered: 01/10/2024)

SUPPLEMENT by Consumer Financial Protection Bureau to 18 MOTION to Stay . (Attachments: # 1 Exhibit Order in CFPB v Freedom Mortgage)(Hendricks, David) (Entered: 01/17/2024)

TEXT ORDER granting, in part, 18 Defendants' Motion to Stay Pending U.S. Supreme Court Decision in CFPB v. Cmty. Fin. Servs. Ass'n of Am., No. 22-448 (U.S. argued Oct. 3, 2023), and denying without prejudice, 30 Plaintiff's Motion to Strike Portions of Defendants' Answer. As for Defendants' Motion to Stay, this Court stays Plaintiff's statutory funding mechanism claim, pending a ruling from the Supreme Court on this issue. The parties shall submit a joint status report within 30 days of the U.S. Supreme Courts ruling proposing how to resolve this case in light of the decision. However, the Court denies the stay as to all the non-constitutional issues pending here. As for Plaintiff's Motion to Strike Portions of Defendants' Answer (DE 30), "Defendants offered to address Plaintiff's objections to the Answer and avoid a motion to strike by amending the Answer after the Court either denies the pending motion to stay or takes steps to advance the case (such as issuing a scheduling order), and agreeing to let Plaintiff reserve its right to move to strike the amended answer." (DE 33, pp. 1-2.) Considering this position, the Court directs the parties to meet and confer in good faith to resolve the matters raised by Plaintiff in its Motion to Strike. Signed by the Honorable Joseph Dawson, III on 1/26/2024. (lgib, ) (Entered: 01/26/2024)

Order on Motion to Stay AND Order on Motion to Strike

Case Reassigned to Judge Jacquelyn D Austin. Judge Joseph Dawson, III no longer assigned to the case. (suro, ) (Entered: 02/14/2024)

NOTICE OF CHANGE OF CASE NUMBER: The new case number is 6:23-cv-04177-JDA. Please make a note of this for all future filings as well as Judge Austin's filing preferences. (jens) (Entered: 02/14/2024)

Notice of Change of Case Number

Case Reassigned CV

SCHEDULING ORDER:Rule 26(f) Conference Deadline 3/7/2024, 26(a) Initial Disclosures due by 3/21/2024, Rule 26 Report due by 3/21/2024, Motions to Amend Pleadings due by 4/11/2024, Plaintiffs ID of Expert Witness due by 5/13/2024, Defendants ID of Expert Witnesses Due by 6/12/2024, Records Custodian Affidavit due by 6/12/2024, Discovery due by 8/12/2024, Motions due by 10/11/2024, Jury Selection Deadline 12/10/2024, Rule 56 Conference Deadline 9/20/2024. Signed by Honorable Jacquelyn D Austin on 2/15/24. (jtho, ) (Entered: 02/15/2024)

NOTICE of Hearing: Telephone Status Conference set for 2/28/2024 04:00 PM with Honorable Jacquelyn D Austin. All parties should be on the conference call before 4:00 p.m. and ready to proceed. Please email the conference call number to austin_ecf@scd.uscourts.gov. by 3:30 p.m. today.(jtho, ) (Entered: 02/28/2024)

Correspondence to the Court from counsel for defendants. (jtho, ) (Entered: 02/28/2024)

TEXT ORDER staying the deadlines in 41 Scheduling Order. Signed by Honorable Jacquelyn D Austin on 2/29/24. (jtho, ) Modified on 2/29/2024 to edit filing date (jtho, ). (Entered: 02/29/2024)

Minute Entry for proceedings held before Honorable Jacquelyn D Austin: Telephone Conference held on 2/28/2024 to address confusion raised in 43 email correspondence from Defense counsel. Attorneys present: James Kim, John Thompson, Gregory Jones, David Hendricks, and Stephanie Garlock. By 3/11/24 Defendants will file a motion to reconsider/clarify Judge Dawson's January 26, 2024 Text Order as it relates to the stay of constitutional and non-constitutional issues. The Court welcomes any supplemental briefings from either party related to this discrete issue. By 3/11/24 Defendants will also file a motion for leave to file a first amended answer, and the current scheduling order will be held stayed pending the filing of the first amended answer. (jtho, ) Modified on 2/29/2024 to add deadlines (jtho, ). (Entered: 02/29/2024)

Notice of Hearing

Order

Telephone Conference

MOTION for Reconsideration re 38 Order on Motion to Strike, Order on Motion to Stay Or Clarification by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 3/22/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) Modified on 3/8/2024 to remove duplicative punctuation (jtho, ). (Entered: 03/08/2024)

MOTION for Leave to File First Amended Answer by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 3/25/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A - First Amended Answer)No proposed order.(Wilson, William) (Entered: 03/11/2024)

TEXT ORDER granting 48 Motion for Leave to File first amended answer. Signed by Honorable Jacquelyn D Austin on 3/12/24.(jtho, ) (Entered: 03/12/2024)

First Amended ANSWER to 1 Complaint, by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc.(Wilson, William) (Entered: 03/12/2024)

Order on Motion for Leave to File

RESPONSE in Opposition re 47 MOTION for Reconsideration re 38 Order on Motion to Strike, Order on Motion to Stay, Or Clarification Response filed by Consumer Financial Protection Bureau.Reply to Response to Motion due by 3/28/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hendricks, David) Modified on 3/22/2024 to correct typos (jtho, ). (Entered: 03/21/2024)

TEXT ORDER granting 47 motion for reconsideration/clarification and clarifying 38 Text Order on Defendants' motion to stay and Plaintiff's motion to strike. In their motion to stay, Defendants argued that Plaintiff's prosecution of this action is unconstitutional because Plaintiff's self-funding mechanism violates the U.S. Constitution's Appropriations Clause. [Doc. 19 at 12.] In October 2023, the United States Supreme Court heard oral arguments on this same issue in CFPB v. Cmty. Fin. Servs. Ass'n of Am., No. 22-448 (U.S. argued Oct. 3, 2023). Accordingly, in its Text Order on January 26, 2024, the Court ordered that the statutory funding mechanism affirmative defense raised by Defendants (incorrectly described in the Text Order as "Plaintiff's statutory funding mechanism claim") should be stayed pending a ruling from the Supreme Court on this issue. The Court denied Defendants' motion to stay "as to all the non-constitutional issues pending here." The Court then denied Plaintiff's pending motion to strike portions of Defendants' Answer and directed that the parties meet and confer in good faith to resolve the matters raised by Plaintiff in its motion to strike. The parties have since resolved these non-constitutional matters raised by Plaintiff in its motion to strike, and Defendants filed their First Amended Answer on March 12, 2024. [Doc. 51.] Now before the Court is 47 Defendants' motion for reconsideration/clarification, in which Defendants seek clarification of the Court's 38 Text Order on their motion to stay. Specifically, Defendants argue that it is unclear from the Court's Order whether the stay as to the statutory funding mechanism issue is, in effect, a stay as to all remaining issues in the case. [Doc. 47 at 12; see also Doc. 43.] The Court finds that a decision by the Supreme Court in CFPB v. Cmty. Fin. Servs. Ass'n of Am. on the statutory funding mechanism issue may affect the outcome of this pending litigation, and thus a stay of all issues in this case moving forward is warranted. See, e.g., White v. Ally Fin. Inc., 969 F. Supp. 2d 451, 46162 (S.D. W. Va. 2013) (stating that district court's stay of a case is particularly appropriate "when a higher court will issue a decision that may affect the outcome of the pending case"). All remaining non-constitutional issues in this case must therefore yield to the potentially dispositive constitutional issue pending before the Supreme Court. See Boger v. Citrix Sys., Inc., No. 8:19-cv-01234-PX, 2020 WL 1939702, at *2 (D. Md. Apr. 22, 2020) (granting a "brief stay until the issuance of a significant, perhaps dispositive, Supreme Court decision" because to do so "promotes judicial economy and preserves litigation resources"). Accordingly, this action is STAYED pending a ruling in CFPB v. Cmty. Fin. Servs. Ass'n of Am., No. 22-448. The parties shall submit a joint status report within 30 days of the Supreme Court's ruling proposing how to resolve this case in light of the decision. Signed by Honorable Jacquelyn D Austin on 3/26/24.(jtho, ) (Entered: 03/26/2024)

Order on Motion for Reconsideration

Stay

SUGGESTION OF BANKRUPTCY Upon the Record by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. (Attachments: # 1 Exhibit A- Chapter 11 Petition)(jens) (Entered: 05/30/2024)

DELETION OF DOCKET ENTRY NUMBER 54 Reason: Filed using incorrect event. Corrected Filing Document Number 55 . Modified filing date to that of original filing: 05/24/2024. Response due date modified to that of original filing: 06/07/2024. (jens) (Entered: 05/30/2024)

TEXT ORDER staying case pending bankruptcy proceedings. [Doc. 55.] The Clerk of Court is directed to statistically close this case. The parties may move to reopen the case once the bankruptcy proceedings are completed. Signed by Honorable Jacquelyn D Austin on 5/30/24. (jtho, ) (Entered: 05/30/2024)

Order Staying Case

Entry Deletion

MOTION to Lift Stay by Consumer Financial Protection Bureau. Response to Motion due by 6/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Hendricks, David) (Main Document 59 replaced on 6/6/2024 to correct filing signature.) (jens) (Entered: 06/04/2024)

STATUS REPORT (Joint) by Consumer Financial Protection Bureau. (Hendricks, David) (Entered: 06/13/2024)

MOTION for Extension of Time Unopposed Motion to Extend Time to File Response to Plaintiff's Motion to Lift Stay by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 6/28/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) (Entered: 06/14/2024)

TEXT ORDER granting as unopposed 61 motion to extend time to file response. Defendants' response to Plaintiff's motion to stay is due July 9, 2024. Signed by Honorable Jacquelyn D Austin on 6/17/24.(jtho, ) (Entered: 06/17/2024)

Order on Motion for Extension of Time

RESPONSE in Support re 59 MOTION to Lift Stay Response filed by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. (Wilson, William) (Entered: 07/09/2024)

MOTION to Appear Pro Hac Vice by Meghan Sherman Cater by Consumer Financial Protection Bureau. Response to Motion due by 8/6/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 07/23/2024)

TEXT ORDER granting as unopposed 59 motion to lift stay. The clerk is hereby directed to restore this case to active status, and the parties are directed to email a consent amended scheduling order to chambers by August 9, 2024. Signed by Honorable Jacquelyn D Austin on 07/24/2024.(jens) (Entered: 07/24/2024)

Order on Motion to Lift Stay

TEXT ORDER granting 66 Motion for Meghan S Cater to Appear Pro Hac Vice. Entered at the direction of the Honorable Jacquelyn D Austin on 07/30/2024.(jens) (Entered: 07/30/2024)

MOTION for Judgment on the Pleadings Defendants' Rule 12(C) Motion for Judgment on the Pleadings by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 8/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) See 71 NOTICE OF SUPPLEMENTAL AUTHORITY. Modified on 7/31/2024 to add link (jens). (Entered: 07/30/2024)

NOTICE OF SUPPLEMENTAL AUTHORITY by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc to 70 MOTION for Judgment on the Pleadings Defendants' Rule 12(C) Motion for Judgment on the Pleadings Defendants Memorandum in Support of Rule 12 (C) Motion For Judgment on the Pleadings. (Wilson, William) Modified on 7/31/2024 to edit docket text (jens). (Main Document 71 replaced on 7/31/2024 to correct table of contents page provided by filing user.) (jens) (Entered: 07/30/2024)

MOTION to Stay Discovery by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 8/13/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wilson, William) See 73 NOTICE OF SUPPLEMENTAL AUTHORITY. Modified on 7/31/2024 to add link (jens). (Entered: 07/30/2024)

NOTICE OF SUPPLEMENTAL AUTHORITY by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc to 72 MOTION to Stay Discovery Defendants' Memorandum In Support Of Motion To Stay Discovery Pending Ruling on Defendants' Motion For Judgment On The Pleadings. (Wilson, William) Modified on 7/31/2024 to edit text (jens). (Entered: 07/30/2024)

Order on Motion to Appear Pro Hac Vice

Joint MOTION to Amend/Correct Briefing Deadlines by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Response to Motion due by 8/14/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Wilson, William) (Entered: 07/31/2024)

Rule 26(f) Report by Consumer Financial Protection Bureau.(Hendricks, David) (Entered: 07/31/2024)

Rule 26(f) Report

Rule 26 Outline of Discovery Plan by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Exhibit 1 - Amended Conference and Scheduling Order)(Hendricks, David) Modified on 8/1/2024 to remove attachment, proposed amended scheduling order, per Judge's preferences (jens). (Entered: 07/31/2024)

JOINT Local Rule 26.03 Answers to Interrogatories by Consumer Financial Protection Bureau, Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc. Refiled using correct event. Original filing date 07/31/2024, filed by David Hendricks. (jens) Modified on 8/1/2024 to correct to original filing date (jens). (Entered: 08/01/2024)

ORDER granting 74 the Joint Motion to Amend Briefing Deadlines: Plaintiff's Response to the 70 Rule 12(c) Motion for Judgment is 09/03/2024, Defendant's Reply to Plaintiff's Response to the 70 Rule 12(c) Motion for Judgment is 14 days after Plaintiff's response is filed. Plaintiff's Response to Defendants' 72 Motion to Stay Discovery is 08/20/2024, Defendant's Reply to Plaintiff's Response to the 72 Motion to Stay Discovery is due 10 days after Plaintiff's Response is filed. Signed by Honorable Jacquelyn D Austin on 08/01/2024.(jens) (Entered: 08/01/2024)

DELETION OF DOCKET ENTRY NUMBER 76 Reason: Filed using incorrect event. Modified filing date to that of original filing: 07/31/2024. The clerked refiled using event Local Rule 26.03 Answers to Interrogatories. (jens) (Entered: 08/01/2024)

Entry Deletion

TEXT ORDER denying 72 motion to stay discovery. Defendants are directed to submit a proposed amended scheduling order in accordance with the parties' 75 Rule 26(f) report no later than August 7, 2024. Signed by Honorable Jacquelyn D Austin on 08/02/2024.(jens) (Entered: 08/02/2024)

Order on Motion to Stay

CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 10/10/2024, Records Custodian Affidavit due by 2/28/2025, Discovery due by 3/14/2025, Plaintiffs ID of Expert Witness due by 4/21/2025, Defendants ID of Expert Witnesses Due by 5/23/2025, ADR Statement due by 6/22/2025, Mediation Due by 7/22/2025, Rule 56 Conference Deadline 8/20/2025, Motions due by 9/15/2025, Trial Deadline 10/27/2025. Signed by Honorable Jacquelyn D Austin on 08/08/2024. (jens) (Entered: 08/08/2024)

Defendants' Amended Responses to Local Rule 26.01 Answers to Interrogatories by Covington Credit Inc, Covington Credit of Alabama Inc, Covington Credit of Georgia Inc, Covington Credit of Texas Inc, Heights Finance Holding Co, Quick Credit Corporation, Southern Finance of South Carolina Inc, Southern Finance of Tennessee Inc.(Wilson, William) (Entered: 08/08/2024)

MOTION to Appear Pro Hac Vice by Andrea Julia Matthews by Consumer Financial Protection Bureau. Response to Motion due by 9/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 08/28/2024)

MOTION to Appear Pro Hac Vice by Derick Koo Sohn Jr. by Consumer Financial Protection Bureau. Response to Motion due by 9/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hendricks, David) (Entered: 08/28/2024)

TEXT ORDER granting 87 Motion for Andrea J Matthews to Appear Pro Hac Vice. Entered at the direction of the Honorable Jacquelyn D Austin on 08/30/2024.(jens) (Entered: 08/30/2024)

TEXT ORDER granting 88 Motion for Derick K Sohn to Appear Pro Hac Vice. Entered at the direction of the Honorable Jacquelyn D Austin on 08/30/2024.(jens) Modified on 9/4/2024 to edit docket text (jens). (Entered: 08/30/2024)