Case: Consumer Financial Protection Bureau v. Populus Financial Group Inc

Consumer Financial Protection Bureau v. Populus Financial Group Inc et al.

COMPLAINT against Populus Financial Group, Inc., d/b/a ACE Cash Express, Inc. 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. (Attachments: # 1 Cover Sheet Cover Sheet, # 2 Additional Page(s) Certificate of Interested Persons) (Nodler, Gregory) (Entered: 07/12/2022)

1 Cover Sheet Cover Sheet

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2 Additional Page(s) Certificate of Interested Persons

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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 Additional Page(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order) (Nodler, Gregory) (Entered: 07/12/2022)

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 with Brief/Memorandum in Support.. Party Tianna Baez added.Attorney Tianna Elise Baez added to party Consumer Financial Protection Bureau(pty:pla) (Baez, Tianna) (Entered: 07/12/2022)

MOTION Leave to Proceed Without Local Counsel filed by Consumer Financial Protection Bureau with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Brief In Support of Motion, # 2 Affidavit(s) Appendix and Affidavit, # 3 Proposed Order Proposed Order) (Nodler, Gregory) (Entered: 07/12/2022)

Amended Certificate of Conference and Service re: 4 MOTION Leave to Proceed Without Local Counsel filed by Consumer Financial Protection Bureau (Nodler, Gregory) Modified docket text and event on 7/13/2022 (oyh). (Entered: 07/12/2022)

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 Ramirez). Clerk to provide copy to plaintiff if not received electronically. (sxf) (Entered: 07/15/2022)

WAIVER OF SERVICE Returned Executed as to Populus Financial Group Inc. Waiver sent on 7/12/2022. (Nodler, Gregory) (Entered: 07/13/2022)

Agreed MOTION to Extend Time to Answer, Move, or Otherwise Respond to Complaint filed by Populus Financial Group Inc (Attachments: # 1 Proposed Order) (Velevis, Robert) (Entered: 07/15/2022)

Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Ed Kinkeade for all further proceedings. Future filings should indicate the case number as: 3:22-cv-1494-K. (cea) (Entered: 07/18/2022)

ELECTRONIC ORDER granting 4 Motion to Proceed Without Local Counsel (Ordered by Judge Ed Kinkeade on 7/18/2022) (chmb) (Entered: 07/18/2022)

ELECTRONIC ORDER granting 2 Application for Admission Pro Hac Vice of Gregory Nodler. 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 Ed Kinkeade on 7/18/2022) (chmb) (Entered: 07/18/2022)

ELECTRONIC ORDER granting 3 Application for Admission Pro Hac Vice of Tianna Baez. 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 Ed Kinkeade on 7/18/2022) (chmb) (Entered: 07/18/2022)

ELECTRONIC ORDER granting 8 Agreed Motion for Extension Time. Defendant's shall Answer, Move, or Otherwise Respond to Plaintiff's Complaint no later than 9/23/2022. (Ordered by Judge Ed Kinkeade on 7/18/2022) (chmb) (Entered: 07/18/2022)

(Document Restricted) Attorney Contact Information (Sealed pursuant to order dated 7/18/2022) filed by Consumer Financial Protection Bureau (Nodler, Gregory) (Entered: 07/18/2022)

(Document Restricted) Attorney Contact Information (Sealed pursuant to order dated 7/18/2022) filed by Consumer Financial Protection Bureau (Baez, Tianna) (Entered: 07/18/2022)

Order on Motion for Miscellaneous Relief

Order on Application for Admission Pro Hac Vice

Order on Motion for Extension of Time

Motion to Dismiss for Failure to State a Claim filed by Populus Financial Group Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 09/23/2022)

1 Proposed Order

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MOTION to Stay filed by Populus Financial Group Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 09/23/2022)

Appendix in Support filed by Populus Financial Group Inc re 17 MOTION to Stay (Zambrano, Angela) (Entered: 09/23/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13177165) filed by Populus Financial Group Inc Attorney Sarah T Reise added to party Populus Financial Group Inc(pty:dft) (Reise, Sarah) (Entered: 09/26/2022)

ELECTRONIC ORDER granting 19 Application for Admission Pro Hac Vice of Sarah T Reise. 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 Ed Kinkeade on 9/26/2022) (chmb) (Entered: 09/26/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13177326) filed by Populus Financial Group Inc Attorney Christopher J Willis added to party Populus Financial Group Inc(pty:dft) (Willis, Christopher) (Entered: 09/26/2022)

ELECTRONIC ORDER granting 21 Application for Admission Pro Hac Vice of Christopher J. Willis. 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 Ed Kinkeade on 9/26/2022) (chmb) (Entered: 09/26/2022)

Order on Application for Admission Pro Hac Vice

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 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order)Attorney Tassity Johnson added to party Consumer Financial Protection Bureau(pty:pla) (Johnson, Tassity) (Entered: 09/27/2022)

ELECTRONIC ORDER granting 23 Application for Admission Pro Hac Vice of Tassity Johnson. 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 Ed Kinkeade on 9/27/2022) (chmb) (Entered: 09/27/2022)

Order on Application for Admission Pro Hac Vice

Agreed MOTION to Extend Time extend briefing deadlines for Defendant's Motion to Dismiss and Motion to Stay filed by Populus Financial Group Inc (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 10/05/2022)

1 Proposed Order

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ELECTRONIC ORDER - Before the Court is the parties' Agreed Motion to Extend Briefing Deadlines for Defendant's Motion to Dismiss and Motion to Stay (the "Motion"). Doc. No. 25. The Court GRANTS the Motion. Plaintiff shall respond to Defendant's Motion to Dismiss and Motion to Stay on or before November 4, 2022. Defendant shall submit a reply in support of its Motion to Dismiss and a reply in support of its Motion to Stay on or before December 2, 2022. (Ordered by Judge Ed Kinkeade on 10/5/2022) (chmb) (Entered: 10/05/2022)

Order on Motion for Extension of Time

MOTION For Entry of Order Staying Case Pending Final Resolution of Fifth Circuit Decision in Community Financial Services Association of America Ltd. v. CFPB filed by Populus Financial Group Inc (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 10/28/2022)

ORDER - Before the Court is the parties' Agreed Motion for Entry of Order Staying Case Pending Final Resolution of Fifth Circuit Decision in Community Financial Services Association of America Ltd v. CFPB (the "Motion"). Doc. No. 27. Having considered the Motion, the brief, and the relevant law, the Court GRANTS the Motion. The Parties shall file a Joint Report within forty-five (45) days of the conclusion of the stay. The Joint Report shall contain statements of how the parties wish to proceed. There appears to be no further reason to maintain the file as open for statistical purposes. The Clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing the case from the statistical records. However, nothing in this Order shall be considered a dismissal or disposition of this case. Should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Ordered by Judge Ed Kinkeade on 10/31/2022) (chmb) (Entered: 10/31/2022)

Unopposed MOTION for Extending Stay Pending Final Resolution of any Supreme Court Review of the Fifth Circuit Decision in Community Financial Services Association of America, Ltd. v. CFPB filed by Consumer Financial Protection Bureau (Attachments: # 1 Proposed Order) (Nodler, Gregory) Modified docket text on 12/7/2022 (oyh). (Entered: 12/05/2022)

ELECTRONIC ORDER - Before the Court is the Plaintiff's Unopposed Motion for Entry of Order Extending the Stay Pending Final Resolution of Any Supreme Court Review of the Fifth Circuit Decision in Community Financial Services Association of America Ltd v. CFPB (the "Motion"). Doc. No. 29. Having considered the Motion, the brief, and the relevant law, the Court GRANTS the Motion. Accordingly, the Court ORDERS: 1. All proceedings in this action shall be stayed until after the Supreme Court's final disposition of the CFPBs petition for a writ of certiorari in CFPB v. Community Financial Services Association of America, Ltd., No. 22-448, or the Supreme Court's final disposition of the case on the merits, whichever is later; 2. Any party may move the Court to lift the stay before it expires on its own terms, upon a showing of good cause; and 3. The parties shall file a Joint Report within 45 days of the conclusion of the stay. The Joint Report shall contain statements of how the parties wish to proceed. (Ordered by Judge Ed Kinkeade on 12/5/2022) (chmb) (Entered: 12/05/2022)

Order on Motion to Stay

NOTICE of Supreme Court Decision filed by Consumer Financial Protection Bureau (Nodler, Gregory) (Entered: 06/03/2024)

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 Attorney Akash Desai added to party Consumer Financial Protection Bureau(pty:pla) (Desai, Akash) (Entered: 06/11/2024)

ELECTRONIC ORDER granting 32 Application for Admission Pro Hac Vice of Akash Desai. 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 Ed Kinkeade on 6/11/2024) (chmb) (Entered: 06/11/2024)

Order on Application for Admission Pro Hac Vice

OBJECTION filed by Populus Financial Group Inc re: 31 Notice (Other) (Zambrano, Angela) (Entered: 06/13/2024)

Joint STATUS REPORT filed by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Joint Status Report Proposed Order) (Nodler, Gregory) (Entered: 06/27/2024)

1 Proposed Order Joint Status Report Proposed Order

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ELECTRONIC ORDER: Before the Court is the parties' Joint Report. Doc. No. 35. The stay in this case lifted with the Supreme Court's decision in CFPB v. Cmty. Fin. Servs. Ass'n of Am., Ltd., 601 U.S. 416 (2024). Doc. No. 35. The Court therefore REOPENS this case. The Court accepts the parties' proposed schedule for the filing of an answer or motion to dismiss and ORDERS as follows: (1) Defendant shall file an answer or motion to dismiss no later than July 31, 2024, (2) Plaintiff shall respond to any motion to dismiss no later than August 30, 2024, and (3) Defendant may reply in further support of any motion to dismiss no later than September 13, 2024. Because Defendant is receiving an opportunity to file a new motion to dismiss, the Court will not consider Defendant's pending motion to dismiss. The Court accordingly DENIES Defendant's pending Motion to Dismiss for Failure to State a Claim as moot. Doc. No. 16.The parties disagree about the scheduling of a Rule 26(f) conference. The Court will address this matter by separate order. (Ordered by Judge Ed Kinkeade on 6/27/2024) (chmb) (Entered: 06/27/2024)

Order AND ~Util - Case Reopened

Motion to Dismiss for Failure to State a Claim filed by Populus Financial Group Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 07/31/2024)

Case Reassigned to Magistrate Judge Brian W. McKay for matters that may be referred. (cea) (Entered: 08/23/2024)

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 Attorney Andrea Matthews added to party Consumer Financial Protection Bureau(pty:pla) (Matthews, Andrea) (Entered: 08/28/2024)

ELECTRONIC ORDER granting 39 Application for Admission Pro Hac Vice of Andrea Matthews. 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 Ed Kinkeade on 8/28/2024) (chmb) (Entered: 08/28/2024)

Order on Application for Admission Pro Hac Vice

RESPONSE filed by Consumer Financial Protection Bureau re: 37 Motion to Dismiss for Failure to State a Claim (Matthews, Andrea) (Entered: 08/30/2024)

REPLY filed by Populus Financial Group Inc re: 37 Motion to Dismiss for Failure to State a Claim (Zambrano, Angela) (Entered: 09/13/2024)

MOTION for Leave to File Surreply filed by Consumer Financial Protection Bureau (Attachments: # 1 Exhibit(s) Proposed Surreply) (Matthews, Andrea) (Entered: 09/20/2024)

ELECTRONIC ORDER: Plaintiff filed a Motion for Leave to File Surreply (Doc. No. 43). Local Civil Rule 7.1 requires a certificate of conference on motions for leave. L. Civ. R. 7.1(h). Plaintiff shall file a supplement that includes the required certificate of conference on the requested relief by September 24, 2024. If Plaintiff fails to do so, the Court will deny the Motion without prejudice for the aforementioned deficiency. (Ordered by Judge Ed Kinkeade on 9/20/2024) (chmb) (Entered: 09/20/2024)

Order

Supplemental Document by Consumer Financial Protection Bureau as to 43 MOTION for Leave to File Surreply . (Matthews, Andrea) (Entered: 09/23/2024)

RESPONSE filed by Populus Financial Group Inc re: 43 MOTION for Leave to File Surreply (Zambrano, Angela) (Entered: 10/11/2024)

Unopposed MOTION for Leave to File Notice of Supplemental Authorities filed by Consumer Financial Protection Bureau (Attachments: # 1 Exhibit(s) Proposed Notice of Supplemental Authorities, # 2 Exhibit(s), # 3 Exhibit(s)) (Matthews, Andrea) (Entered: 10/18/2024)

Unopposed MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authorities filed by Populus Financial Group Inc (Attachments: # 1 Declaration(s) 1) (Zambrano, Angela) (Entered: 11/07/2024)

ELECTRONIC ORDER: Before the Court is Plaintiff's Motion for Leave to File Surreply (the "Motion") (Doc. No. 43). Defendant filed its Opposition to Plaintiff's Motion (the "Response") (Doc. No. 46). Plaintiff did not file a reply and the time to do so has passed. The Court has carefully considered the Motion, the Response, the proposed surreply, the applicable law, and the relevant portions of the docket. The Court finds that Plaintiff does not demonstrate sufficient justification for allowing a surreply. See Fed. Trade Comm'n v. Match Group, Inc., Civ. Action No. 3:19-CV-2281-K, 2022 WL 877107, at *13 (N.D. Tex. Mar. 24, 2022)(Kinkeade, J.). Accordingly, the Court, in its discretion, DENIES the Motion. (Ordered by Judge Ed Kinkeade on 11/12/2024) (chmb) (Entered: 11/12/2024)

ELECTRONIC ORDER: Before the Court is Plaintiff's Unopposed Motion for Leave to File Notice of Supplemental Authorities ("Plaintiff's Motion") (Doc. No. 47). The Court GRANTS Plaintiff's Motion. The clerk is DIRECTED to enter Plaintiff's Notice of Supplemental Authorities, filed as Doc. No. 47-1, and attached exhibits, filed as Doc. Nos. 47-2 and 47-3, as of the date of this Order.Also before the Court is Defendant's Unopposed Motion for Leave to File Response to Plaintiff's Notice of Supplemental Authorities ("Defendant's Motion") (Doc. No. 48). The Court GRANTS Defendant's Motion. The clerk is DIRECTED to enter Defendant's Response, filed as Doc. No. 48-1, as of the date of this order.Plaintiff may file a reply to Defendant's Response no later than November 26, 2024. (Ordered by Judge Ed Kinkeade on 11/12/2024) (chmb) (Entered: 11/12/2024)

ELECTRONIC ORDER STAYING Motion. The Court hereby STAYS Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. 37) pending the Court's determination. To be clear, the Motion remains pending. (Ordered by Judge Ed Kinkeade on 11/12/2024) (chmb) (Entered: 11/12/2024)

NOTICE of Supplemental Authorities filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (agc) (Entered: 11/13/2024)

RESPONSE filed by Populus Financial Group Inc re: 52 Notice of Supplemental Authorities. (agc) (Entered: 11/13/2024)

Order on Motion for Leave to File

Order Staying Case

Order on Motion for Leave to File AND Order on Motion for Leave to File

REPLY filed by Consumer Financial Protection Bureau re: 52 Notice (Other) (Matthews, Andrea) (Entered: 11/26/2024)

ELECTRONIC Order Referring Motion. The Court hereby REFERS Defendant's Motion to Dismiss for Failure to State a Claim (Doc. No. 37) to Magistrate Judge Brian McKay for hearing, if necessary, and for findings and recommendation. (Ordered by Judge Ed Kinkeade on 1/22/2025) (chmb) (Entered: 01/22/2025)

Order Referring Motion

MOTION to Stay filed by Populus Financial Group Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 02/20/2025)

1 Proposed Order

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Appendix in Support filed by Populus Financial Group Inc re 56 MOTION to Stay (Zambrano, Angela) (Entered: 02/20/2025)

Agreed MOTION to Stay filed by Populus Financial Group Inc (Attachments: # 1 Proposed Order) (Zambrano, Angela) (Entered: 03/10/2025)

ELECTRONIC ORDER STAYING Case.Before the Court is the parties' Agreed Motion for Entry of Order Staying Case (the "Agreed Motion") (Doc. No. 58). In light of recent changes with the CFPB, the parties seek a 60-day stay "while the CFPB decides whether to continue this litigation." Doc. No. 58 at 2. Having carefully considered the Agreed Motion, the Court finds that a stay is appropriate and, therefore, GRANTS the Agreed Motion. Defendant's previously filed Motion to Stay (Doc. No. 56) is DENIED as moot. This matter is hereby STAYED pending further order of the Court. The CFPB shall file a status report, having conferred with Defendant, within 60 days of this Order that indicates EITHER the CFPB intends to proceed with this case and will move the Court to lift the stay OR the CFPB intends to dismiss the case and will file the appropriate dismissal papers. (Ordered by Judge Ed Kinkeade on 3/10/2025) (chmb) (Entered: 03/10/2025)

Order on Motion to Stay AND Order on Motion to Stay

NOTICE of Dismissal filed by Consumer Financial Protection Bureau (Nodler, Gregory) (Entered: 04/30/2025)

Civil Case Terminated pursuant Plaintiff's Notice of Dismissal. (chmb)