Case: Consumer Financial Protection Bureau v. MoneyGram International, Inc.

Consumer Financial Protection Bureau v. MoneyGram International, Inc. et al.

COMPLAINT against MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. Document filed by Consumer Financial Protection Bureau, People Of The State Of New York, By Letitia James..(Kelly, Erin) (Entered: 04/21/2022)

CIVIL COVER SHEET filed..(Kelly, Erin) (Entered: 04/21/2022)

FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Erin Mary Kelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order).(Kelly, Erin) Modified on 4/22/2022 (vba). (Entered: 04/21/2022)

NOTICE OF APPEARANCE by Jason Lowell Meizlish on behalf of People Of The State Of New York, By Letitia James..(Meizlish, Jason) (Entered: 04/21/2022)

MOTION for Erin Mary Kelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit Kelly Certificates of Good Standing, # 2 Affidavit Kelly LR 1.3 Affidavit, # 3 Text of Proposed Order Kelly Proposed Order).(Kelly, Erin) (Entered: 04/22/2022)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 3 MOTION for Erin Mary Kelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)

Notice Regarding Deficient Motion to Appear Pro Hac vice

Notice to Attorney Regarding Removal of Party

Case Opening Initial Assignment Notice

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Erin Mary Kelly. The following party/parties has been removed from this case: MoneyGram Payment System, Inc.. The party was added to the case in error. (pc)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Case Designation

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designated ECF

Case Designated ECF. (pc)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

MOTION for Rebecca Smullin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Affidavit, # 2 Exhibit Certificates of Good Standing, # 3 Text of Proposed Order).(Smullin, Rebecca) (Entered: 04/25/2022)

1 Affidavit

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2 Exhibit Certificates of Good Standing

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3 Text of Proposed Order

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Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Erin Mary Kelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Rebecca Smullin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

ORDER FOR ADMISSION PRO HAC VICE granting 5 Motion for Erin Mary Kelly to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the pending motion at docket entry 5.. (Signed by Judge Katherine Polk Failla on 4/26/2022) (kv) (Entered: 04/26/2022)

ORDER FOR ADMISSION PRO HAC VICE granting 6 Motion for Rebecca Smullin to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the pending motion at docket entry 6.. (Signed by Judge Katherine Polk Failla on 4/26/2022) (kv) (Entered: 04/26/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to MoneyGram International, Inc., re: 1 Complaint. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 04/27/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to MoneyGram Payment Systems, Inc., re: 1 Complaint. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 04/27/2022)

ELECTRONIC SUMMONS ISSUED as to MoneyGram International, Inc...(lal) (Entered: 04/28/2022)

ELECTRONIC SUMMONS ISSUED as to MoneyGram Payment Systems, Inc...(lal) (Entered: 04/28/2022)

SUMMONS RETURNED EXECUTED. MoneyGram International, Inc. served on 4/29/2022, answer due 5/20/2022. Service was accepted by Amy McLaren, The Corporation Trust Company, authorized agent. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 05/05/2022)

SUMMONS RETURNED EXECUTED. MoneyGram Payment Systems, Inc. served on 4/29/2022, answer due 5/20/2022. Service was accepted by Kartik Pandya, CT Corporation System, authorized agent. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 05/05/2022)

CERTIFICATE OF SERVICE of Appearance of Counsel served on MoneyGram International, Inc. and MoneyGram Payment Systems, Inc. on 5/6/2022. Service was made by Mail. Document filed by People Of The State Of New York, By Letitia James..(Meizlish, Jason) (Entered: 05/10/2022)

NOTICE OF APPEARANCE by Clifford Louis Thau on behalf of MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Thau, Clifford) (Entered: 05/11/2022)

FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Thau, Clifford) Modified on 5/12/2022 (lb). (Entered: 05/11/2022)

MOTION for Ephraim Wernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26134323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. (Attachments: # 1 Affidavit Declaration of Ephraim Wernick in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Wernick, Ephraim (Fry)) (Entered: 05/11/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MoneyGram International, Inc. for MoneyGram Payment Systems, Inc.. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Thau, Clifford) (Entered: 05/12/2022)

Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement

***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Clifford Louis Thau to RE-FILE Document No. 17 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Ephraim Wernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26134323. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)

ORDER FOR ADMISSION PRO HAC VICE granting 18 Motion for Ephraim Wernick to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 18. (Signed by Judge Katherine Polk Failla on 5/13/2022) (rro) (Entered: 05/13/2022)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/28/2022 at 02:30 PM before Judge Katherine Polk Failla. This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 28, 2022, at 2:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (Signed by Judge Katherine Polk Failla on 5/16/2022) (rro) (Entered: 05/16/2022)

LETTER addressed to Judge Katherine Polk Failla from Ephraim Wernick dated May 20, 2022 re: Pre-motion Letter re Motion to Dismiss Plaintiffs' Complaint and re Motion to Transfer. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim (Fry)) (Entered: 05/20/2022)

LETTER addressed to Judge Katherine Polk Failla from Rebecca Smullin and Jason L. Meizlish dated May 25, 2022 re: Response to Pre-Motion Letter from Ephraim Wernick dated May 20, 2022. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 05/25/2022)

MEMO ENDORSEMENT on re: 23 Letter, filed by Consumer Financial Protection Bureau. ENDORSEMENT: The Court is in receipt of Defendants' pre-motion letter, dated May 20, 2022, concerning their anticipated motions to dismiss and transfer this case. (Dkt. #22). The Court has also received Plaintiffs' responsive letter, dated May 25, 2022. (Dkt. #23). After reviewing these materials, the Court does not believe it is necessary to convene a pre-motion conference on Defendants' contemplated motions. Rather, the Court will set a consolidated briefing schedule for Defendants' motion to dismiss and transfer. As noted below, this schedule will include an opportunity for Plaintiffs to amend their pleadings, if they wish to do so. Accordingly, the parties shall adhere to the following schedule: Plaintiffs shall file an amended complaint, if any, on or before July 5, 2022; Defendants shall file a single, consolidated motion to dismiss and transfer on or before August 4, 2022, which brief shall not exceed 35 pages; Plaintiffs shall file their opposition to Defendants' consolidated motion on or before September 5, 2022, which brief shall not exceed 35 pages; Defendants shall file their consolidated reply on or before September 19, 2022, which brief shall not exceed 18 pages. In light of this scheduled motion practice, the initial pretrial conference scheduled for June 28, 2022 is hereby ADJOURNED sine die. ( Amended Pleadings due by 7/5/2022. Motions due by 8/4/2022. Responses due by 9/5/2022. Replies due by 9/19/2022.) (Signed by Judge Katherine Polk Failla on 6/2/2022) (va) (Entered: 06/03/2022)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 24 Memo Endorsement,,,,,,, Set Deadlines,,,,,, Plaintiffs' Response to Defendants' Consolidated Motion to Dismiss and Transfer addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated June 23, 2022., JOINT LETTER MOTION for Discovery Stay addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated June 23, 2022. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Text of Proposed Order Proposed Revised Scheduling Order).(Smullin, Rebecca) (Entered: 06/23/2022)

REVISED SCHEDULING ORDER granting 25 Letter Motion for Extension of Time to File Response/Reply re 25 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 24 Memo Endorsement, Set Deadlines, Plaintiffs' Response to Defendants' Consolidated Motion to Dismiss and Transfer addressed to Judge KatheriJOINT LETTER MOTION for Discovery Stay addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated June 23, 2022; granting 25 Letter Motion for Discovery. The Court has considered Plaintiffs' request for an extension of time and the parties' joint request for a stay of discovery. It is hereby ORDERED: Plaintiffs shall file an amended complaint, if any, on or before July 5, 2022; Defendants shall file a single, consolidated motion to dismiss and transfer on or before August 4, 2022, which brief shall not exceed 35 pages; Plaintiffs shall file their opposition to Defendants' consolidated motion on or before September 19, 2022, which brief shall not exceed 35 pages; Defendants shall file their consolidated reply on or before October 3, 2022, which brief shall not exceed 18 pages. It is further ORDERED that all discovery in this case is stayed until October 3, 2022. No later than October 13, 2022, the parties shall meet and confer to ascertain their respective positions regarding the scheduling of a Rule 26(f) conference and when discovery should begin. The parties shall address any agreement or disagreement in accordance with the applicable rules including this Court's Individual Rules of Practice in Civil Cases. The Clerk of Court is directed to terminate the pending motion at docket entry 25. SO ORDERED. (Responses due by 9/19/2022, Replies due by 10/3/2022.) (Signed by Judge Katherine Polk Failla on 6/24/2022) (jca) (Entered: 06/24/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Amended Pleadings due by 7/5/2022. Motions due by 8/4/2022. (jca)

MOTION for Samuel Taxy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Affidavit Taxy Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Taxy Proposed Order).(Taxy, Samuel) (Entered: 06/29/2022)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Samuel Taxy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

ORDER FOR ADMISSION PRO HAC VICE granting 27 Motion for Samuel Taxy to Appear Pro Hac Vice. The motion of Samuel Taxy, for admission to practice Pro Hac Vice in the above captioned action, is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Clerk of Court is directed to terminate the pending motion at docket entry 27. (Signed by Judge Katherine Polk Failla on 7/1/22) (yv) (Entered: 07/01/2022)

FIRST AMENDED COMPLAINT amending 1 Complaint against MoneyGram International, Inc., MoneyGram Payment Systems, Inc..Document filed by Consumer Financial Protection Bureau, People Of The State Of New York, By Letitia James. Related document: 1 Complaint..(Kelly, Erin) (Entered: 07/05/2022)

MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 08/04/2022)

MEMORANDUM OF LAW in Support re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint. . Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 08/04/2022)

DECLARATION of Robert L. Villasenor in Support re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint.. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 08/04/2022)

DECLARATION of Ephraim Wernick in Support re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint.. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Wernick, Ephraim) (Entered: 08/04/2022)

LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Erin Mary Kelly & Jason L. Meizlish dated 9/19/2022. Document filed by Consumer Financial Protection Bureau..(Kelly, Erin) (Entered: 09/19/2022)

***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint. . Document filed by Consumer Financial Protection Bureau, MoneyGram International, Inc., MoneyGram Payment Systems, Inc., People Of The State Of New York, By Letitia James. (Attachments: # 1 Affidavit of Jason Meizlish, # 2 Exhibit Ex. A to Meizlish Declaration, # 3 Exhibit Ex. B to Meizlish Declaration, # 4 Affidavit of Erin Mary Kelly, # 5 Exhibit Ex. A to Kelly Declaration (pt. 1), # 6 Exhibit Ex. A to Kelly Declaration (pt. 2), # 7 Exhibit Ex. A to Kelly Declaration (pt. 3), # 8 Exhibit Ex. B to Kelly Declaration, # 9 Exhibit Ex. C to Kelly Declaration, # 10 Affidavit of Burrell Declaration, # 11 Affidavit of Kathleen Nolan, # 12 Exhibit Ex. A to Nolan Declaration, # 13 Exhibit Ex. B to Nolan Declaration, # 14 Exhibit Ex. C to Nolan Declaration, # 15 Exhibit Ex. D to Nolan Declaration, # 16 Exhibit Ex. E to Nolan Declaration, # 17 Exhibit Ex. F to Nolan Declaration, # 18 Exhibit Ex. G to Nolan Declaration, # 19 Exhibit Ex. H to Nolan Declaration, # 20 Exhibit Ex. I to Nolan Declaration, # 21 Exhibit Ex. J to Nolan Declaration, # 22 Exhibit Ex. K to Nolan Declaration, # 23 Exhibit Ex. L to Nolan Declaration, # 24 Exhibit Ex. M to Nolan Declaration, # 25 Exhibit Ex. N to Nolan Declaration, # 26 Exhibit Ex. O to Nolan Declaration, # 27 Exhibit Ex. P to Nolan Declaration, # 28 Exhibit Ex. Q to Nolan Declaration, # 29 Exhibit Ex. R to Nolan Declaration, # 30 Exhibit Ex. S to Nolan Declaration, # 31 Exhibit Ex. T to Nolan Declaration, # 32 Exhibit Ex. U to Nolan Declaration, # 33 Exhibit Ex. V to Nolan Declaration, # 34 Exhibit Ex. W to Nolan Declaration)Motion or Order to File Under Seal: 34 .(Smullin, Rebecca) (Entered: 09/19/2022)

ORDER granting 34 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 34. (Signed by Judge Katherine Polk Failla on 9/19/2022) (rro) (Entered: 09/19/2022)

MEMORANDUM OF LAW in Opposition re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint., 34 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Erin Mary Kelly & Jason L. Meizlish dated 9/19/2022. REDACTED. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Affidavit of Jason Meizlish, # 2 Exhibit Ex. A to Meizlish Declaration, # 3 Exhibit Ex. B to Meizlish Declaration, # 4 Affidavit of Erin Mary Kelly, # 5 Exhibit Ex. A to Kelly Declaration (pt. 1), # 6 Exhibit Ex. A to Kelly Declaration (pt. 2), # 7 Exhibit Ex. A to Kelly Declaration (pt. 3), # 8 Exhibit Ex. B to Kelly Declaration, # 9 Exhibit Ex. C to Kelly Declaration, # 10 Affidavit of James Burrell, # 11 Affidavit of Kathleen Nolan, # 12 Exhibit Ex. A to Nolan Declaration, # 13 Exhibit REDACTED Ex. B to Nolan Declaration, # 14 Exhibit REDACTED Ex. C to Nolan Declaration, # 15 Exhibit Ex. D to Nolan Declaration, # 16 Exhibit REDACTED Ex. E to Nolan Declaration, # 17 Exhibit Ex. F to Nolan Declaration, # 18 Exhibit Ex. G to Nolan Declaration, # 19 Exhibit Ex. H to Nolan Declaration, # 20 Exhibit REDACTED Ex. I to Nolan Declaration, # 21 Exhibit REDACTED Ex. J to Nolan Declaration, # 22 Exhibit REDACTED Ex. K to Nolan Declaration, # 23 Exhibit REDACTED Ex. L to Nolan Declaration, # 24 Exhibit Ex. M to Nolan Declaration, # 25 Exhibit Ex. N to Nolan Declaration, # 26 Exhibit Ex. O to Nolan Declaration, # 27 Exhibit Ex. P to Nolan Declaration, # 28 Exhibit Ex. Q to Nolan Declaration, # 29 Exhibit Ex. R to Nolan Declaration, # 30 Exhibit Ex. S to Nolan Declaration, # 31 Exhibit Ex. T to Nolan Declaration, # 32 Exhibit Ex. U to Nolan Declaration, # 33 Exhibit Ex. V to Nolan Declaration, # 34 Exhibit Ex. W to Nolan Declaration).(Smullin, Rebecca) (Entered: 09/19/2022)

REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint. . Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. (Attachments: # 1 Affidavit Supplemental Declaration of Robert L. Villasenor).(Wernick, Ephraim) (Entered: 10/03/2022)

LETTER addressed to Judge Katherine Polk Failla from Ephraim Wernick dated October 3, 2022 re: Request for Oral Argument. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 10/03/2022)

MEMO ENDORSEMENT on re: 39 Letter filed by MoneyGram Payment Systems, Inc., MoneyGram International, Inc. ENDORSEMENT: The Court is in receipt of Defendants' above request for oral argument concerning Defendants' Motions. If the Court determines that oral argument would be useful, it will promptly reach out to the parties. (Signed by Judge Katherine Polk Failla on 10/3/2022) (rro) (Entered: 10/04/2022)

LETTER MOTION for Leave to File Sur-Reply Memorandum of Law addressed to Judge Katherine Polk Failla from Rebecca Smullin and Jason L. Meizlish dated October 17, 2022. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 10/17/2022)

LETTER addressed to Judge Katherine Polk Failla from Ephraim Wernick dated October 19, 2022 re: Defendants' Opposition to Plaintiffs' Request to File Sur-Reply. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 10/19/2022)

ORDER granting 41 Letter Motion for Leave to File Document. The Court is in receipt of Plaintiffs' letter request to file a surreply brief limited to discussion of three discrete topics (Dkt. #41), and Defendants' above response opposing the request (Dkt. #42). The Court has carefully considered Plaintiffs' arguments and Defendants' rebuttals, and believes that additional briefing on the three points Plaintiffs identify would be beneficial. Accordingly, Plaintiffs' application to file a sur-reply brief is GRANTED. Plaintiffs shall limit any discussion to the three discrete points mentioned in their letter request at docket entry 41. Further, the sur-reply shall be submitted by October 27, 2022, and shall not exceed seven pages in length. The Clerk of Court is directed to terminate the pending motion at docket entry 41. (Signed by Judge Katherine Polk Failla on 10/19/2022) (rro) (Entered: 10/19/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Surreplies due by 10/27/2022. (rro)

LETTER MOTION for Leave to File Additional Briefing addressed to Judge Katherine Polk Failla from Ephraim Wernick dated October 26, 2022. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. (Attachments: # 1 Exhibit A - Fifth Circuit Opinion in Community Financial Services).(Wernick, Ephraim) (Entered: 10/26/2022)

1 Exhibit A - Fifth Circuit Opinion in Community Financial Services

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SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 30 MOTION to Transfer Case to the Northern District of Texas and Notice of Motion to Dismiss the First Amended Complaint. . Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 10/27/2022)

LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Rebecca Smullin and Jason L. Meizlish dated October 28, 2022 re: 44 LETTER MOTION for Leave to File Additional Briefing addressed to Judge Katherine Polk Failla from Ephraim Wernick dated October 26, 2022. . Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 10/28/2022)

MEMO ENDORSEMENT on 46 denying 44 Letter Motion for Leave to File Document. ENDORSEMENT: The Court is in receipt of Defendants' request for supplemental briefing on the Fifth Circuit's recent decision in Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau, 51 F.4th 616 (5th Cir. 2022) (Dkt. #44), and Plaintiffs' opposition (Dkt. #46). At this time, the Court does not believe that additional briefing on the Fifth Circuit's decision is necessary. Accordingly, the Court DENIES Defendants' request for additional briefing. The Clerk of Court is directed to terminate the pending motion at docket entry 44.. (Signed by Judge Katherine Polk Failla on 10/31/2022) (rro) (Entered: 10/31/2022)

MOTION for Christopher Deal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Affidavit Affidavit of Christopher Deal, # 2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, # 3 Exhibit Certificate of Good Standing (DC), # 4 Exhibit Certificate of Good Standing (NY)).(Deal, Christopher) (Entered: 11/01/2022)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 48 MOTION for Christopher Deal to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

ORDER FOR ADMISSION PRO HAC VICE granting 48 Motion for Christopher Deal to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/3/2022) (rro) (Entered: 11/03/2022)

LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ephraim Wernick dated December 5, 2022. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 12/05/2022)

LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Rebecca Smullin and Jason L. Meizlish dated December 8, 2022 re: 50 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ephraim Wernick dated December 5, 2022. . Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 12/08/2022)

ORDER granting 50 Letter Motion to Stay re: 50 LETTER MOTION to Stay addressed to Judge Katherine Polk Failla from Ephraim Wernick dated December 5, 2022. Accordingly, the Clerk of Court is directed to stay this case. The parties are directed to promptly file a joint letter apprising the Court of the Supreme Court's decision to grant or deny the Petition once the Supreme Court issues any decision. The Clerk of Court is directed to terminate the pending motion at docket entry 50. (Signed by Judge Katherine Polk Failla on 12/9/2022) (rro) (Entered: 12/09/2022)

JOINT LETTER addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated March 1, 2023 re: Supreme Court decision on petition. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 03/01/2023)

MEMO ENDORSEMENT on re: 53 Letter, filed by Consumer Financial Protection Bureau. ENDORSEMENT: The Court appreciates the parties' joint update regarding the Supreme Court's grant of the CFPB's petition for certiorari. In light of the above update, this case will remain stayed pending further order of this Court. The parties are directed to submit a joint update at the earlier of June 2, 2023, or a major development in the Supreme Court case. (Signed by Judge Katherine Polk Failla on 3/2/2023) (rro) (Entered: 03/02/2023)

LETTER MOTION to Reopen Case addressed to Judge Katherine Polk Failla from Christopher Deal and Jason L. Meizlish dated March 31, 2023. Document filed by Consumer Financial Protection Bureau..(Deal, Christopher) (Entered: 03/31/2023)

LETTER addressed to Judge Katherine Polk Failla from Ephraim Wernick dated April 5, 2023 re: Response In Opposition to Plaintiff's Letter Motion to Lift Stay. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 04/05/2023)

MEMO ENDORSEMENT re: 56 LETTER addressed to Judge Katherine Polk Failla from Ephraim Wernick dated April 5, 2023 re: Response In Opposition to Plaintiff's Letter Motion to Lift Stay.; denying 55 Letter Motion to Reopen Case. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter motion to lift the stay in this case (Dkt. #55), as well as Defendants' above opposition (Dkt. #56). Plaintiffs' motion is occasioned by two intervening events since the Court stayed this case on December 9, 2022: (i) the Second Circuit's decision in CFPB v. Law Offices of Crystal Moroney, P.C., --- F.4th ---, 2023 WL 2604254 (2d Cir. Mar. 23, 2023), which decision largely resolves the constitutional questions implicated in this case; and (ii) the Supreme Court's grant of certiorari in CFPB v. Community Financial Services of America, Ltd. (CFSA), No. 22-448, on a non-expedited basis. (Dkt. #55 at 1). Plaintiffs argue that because this Court may now apply binding Second Circuit precedent and because the Supreme Court's resolution of CFSA will take more time than the parties (and this Court) originally contemplated, the relevant stay factors now favor lifting the stay. (Id.). Defendants, on the other hand, contend that the stay should remain in place, because the Supreme Court has now granted certiorari (whereas the Court stayed the case when this was merely a possibility) and may decide the case in the near-term. (Dkt. #56 at 1-2). The Court will not re-hash its prior analysis. Indeed, the parties are in agreement on what facts the Court should consider; they simply interpret the relevant events differently. (See, e.g., Dkt. #55 at 1 (noting that the Supreme Court's decision to hear CFSA in the normal course will result in delay "far beyond the minimal delay this Court originally contemplated"); Dkt. #56 at 1 ("[W]here the timeline for resolution was uncertain, there is now a briefing schedule before the Supreme Court, and any delay in this case is finite.")). Moreover, the Court already considered much if not all of the law the parties cite in their instant letter motions in its stay Order of December 9, 2022. (Dkt. #52). The Court understands Plaintiffs' position that the Second Circuit has now spoken to the constitutional issues in this case, and thus this Court's job may now be substantially easier. But the Supreme Court's resolution of CFSA is now not merely possible, but effectively guaranteed in light of its decision to grant certiorari. Further, though in a worse case scenario the Supreme Court could delay resolution of CFSA until late in its term, Defendants rightfully note that the case will be fully briefed relatively early in the Supreme Court's term and will soon be ripe for the Supreme Court's consideration. (Dkt. #56 at 2). Thus, this Court remains hopeful that any delay occasioned by the Supreme Court's decision to not expedite consideration of CFSA will only be a matter of months at this point. Because the Supreme Court is now guaranteed to hear CFSA and may resolve the case early in its term, the Court still believes that the interests of the parties, the public, and the courts favor maintaining the stay in this case. Should this Court deny Defendants' motion to dismiss and motion to transfer (which the Court does not mean to prejudge), the instant case will continue to discovery and perhaps further motion practice with an important Supreme Court decision imminent. Defendants are correct that numerous courts were forced to revisit prior decisions following Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020), or at a minimum solicit further motion practice following that decision. A continued stay is thus the most efficient use of both the parties' and the Court's resources. Further, Defendants' motion to transfer this case directly implicates a circuit split between the Second Circuit and the Fifth Circuit. This circuit split will be resolved by the Supreme Court's decision in CFSA, and this Court sees the utility in not letting a dispositive question be effectively decided by a transfer motion. Finally, the Court sees no need to wade into the parties' collateral fight regarding a separate FOIA lawsuit pending in another district. (Dkt. #55 at 3 n.3; Dkt. #56 at n.2). Although the Court modestly agrees that the fact of the FOIA lawsuit cuts against any claim to hardship by Defendants, this Court's stay does not impact the FOIA litigation which was filed before the Court stayed this case. (Dkt. #56 at 3). The Court sees no reason why Defendants should be hampered in their FOIA litigation because of this Court's Order, which does not pertain to that litigation. In sum, the Court appreciates Plaintiffs' letter motion, and understands that intervening events affect this Court's consideration of whether this case should remain stayed. But the Court continues to believe that any delay occasioned by the stay as the Supreme Court weighs an important constitutional decision will be minimal. Accordingly, the Court DENIES Plaintiffs' motion to lift the stay in this case. The Clerk of Court is directed to terminate the pending motion at docket entry 55. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/7/2023) (tg) (Entered: 04/07/2023)

JOINT LETTER addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated June 2, 2023 re: Joint Update. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 06/02/2023)

MEMO ENDORSEMENT: on re: 58 Letter filed by Consumer Financial Protection Bureau. ENDORSEMENT: The Court appreciates the above update from the parties. The parties are directed to submit a joint letter on or before October 2, 2023, apprising the Court of developments in the Supreme Court case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/02/2023) (ama) (Entered: 06/02/2023)

LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Samuel Taxy and Jason L. Meizlish dated June 16, 2023. Document filed by Consumer Financial Protection Bureau..(Taxy, Samuel) (Entered: 06/16/2023)

LETTER MOTION to Reopen Case In Part to Permit Service of Preservation Subpoenas addressed to Judge Katherine Polk Failla from Samuel Taxy and Jason L. Meizlish dated June 16, 2023. Document filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit Ex. A to Plaintiffs' Letter Motion to Modify Stay, # 2 Exhibit Ex. B. to Plaintiffs' Letter Motion to Modify Stay, # 3 Affidavit Declaration of Samuel Taxy, # 4 Exhibit Ex. A to Taxy Declaration).(Taxy, Samuel) (Entered: 06/16/2023)

***SELECTED PARTIES*** LETTER MOTION to Reopen Case In Part to Permit Service of Preservation Subpoenas addressed to Judge Katherine Polk Failla from Samuel Taxy and Jason L. Meizlish dated June 16, 2023. Document filed by Consumer Financial Protection Bureau, MoneyGram International, Inc., MoneyGram Payment Systems, Inc., People Of The State Of New York, By Letitia James. (Attachments: # 1 Exhibit Ex. A to Plaintiffs' Letter Motion to Modify Stay, # 2 Exhibit Ex. B to Plaintiffs' Letter Motion to Modify Stay, # 3 Affidavit Declaration of Samuel Taxy, # 4 Exhibit Ex. A to Taxy Declaration)Motion or Order to File Under Seal: 60 .(Taxy, Samuel) (Entered: 06/16/2023)

ORDER granting 60 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 60. (Signed by Judge Katherine Polk Failla on 6/16/2023) (rro) (Entered: 06/16/2023)

LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Ephraim Wernick dated June 22, 2023. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Wernick, Ephraim) (Entered: 06/22/2023)

LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Ephraim Wernick dated June 22, 2023 re: 61 LETTER MOTION to Reopen Case In Part to Permit Service of Preservation Subpoenas addressed to Judge Katherine Polk Failla from Samuel Taxy and Jason L. Meizlish dated June 16, 2023. . Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc.. (Attachments: # 1 Affidavit Declaration of Ephraim Wernick, # 2 Exhibit 1 - Preservation Letters to Vendors).(Wernick, Ephraim) (Entered: 06/22/2023)

***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Ephraim Wernick dated June 22, 2023 re: 62 LETTER MOTION to Reopen Case In Part to Permit Service of Preservation Subpoenas addressed to Judge Katherine Polk Failla from Samuel Taxy and Jason L. Meizlish dated June 16, 2023. . Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc., Consumer Financial Protection Bureau, People Of The State Of New York, By Letitia James. (Attachments: # 1 Affidavit Declaration of Ephraim Wernick, # 2 Exhibit 1 - Preservation Letters to Vendors)Motion or Order to File Under Seal: 64 .(Wernick, Ephraim) (Entered: 06/22/2023)

ORDER granting 64 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to terminate the pending motion at docket entry 64. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/23/2023) (tg) (Entered: 06/23/2023)

ORDER terminating 61 Letter Motion to Reopen Case; terminating 62 Letter Motion to Reopen Case. The Court is sympathetic to this concern, and does not view these subpoenas as overly burdensome. More to the point, if the twelve entities truly lack documents relevant to this case, the subpoenas will pose a de minimis burden as there will be nothing to preserve. Based on the representations in the parties' letters, the Court believes that the parties may be able to reach a compromise through meeting and conferring. The parties are ORDERED to do so by June 28, 2023. Specifically, Plaintiffs should communicate to Defendants precisely why they believe each of the twelve at-issue entities have relevant information worthy of service of a preservation subpoena. Defendants, on the other hand, should communicate concerns regarding certain timelines or other pertinent facts discussed in their letter. Though the Court is cognizant of unnecessarily imposing compliance burdens on non-parties, so too is it concerned about preservation of the status quo while the stay remains in place. The parties are likewise ORDERED to submit a joint letter not to exceed three pages in length by June 30, 2023, discussing any compromises. Should the parties fail to reach any sort of agreement or at a minimum narrow their disagreement, they may apprise the Court of any additional information not raised in their initial letters. To allay any concerns pertaining to relevance, Plaintiffs should include specific points related to the potential relevance of each entities' documents. The Clerk of Court is directed to terminate the pending motions at docket entries 61 and 62. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/23/2023) (tg) (Entered: 06/23/2023)

JOINT LETTER addressed to Judge Katherine Polk Failla from Samuel Taxy, Jason L. Meizlish, and Ephraim Wernick dated June 29, 2023 re: Joint Update Regarding Preservation Subpoenas. Document filed by Consumer Financial Protection Bureau..(Taxy, Samuel) (Entered: 06/29/2023)

MEMO ENDORSEMENT on re: 69 Letter, filed by Consumer Financial Protection Bureau. ENDORSEMENT: Application GRANTED. The Court is pleased to hear that the parties have reached a compromise following their meet and confer. The stay in this case shall remain in place, but shall be modified such that Plaintiffs may serve the twelve preservation subpoenas discussed in Plaintiffs' motion. (Dkt. #61-62). (Signed by Judge Katherine Polk Failla on 6/30/2023) (rro) (Entered: 06/30/2023)

JOINT LETTER addressed to Judge Katherine Polk Failla from Rebecca Smullin, Jason L. Meizlish, and Ephraim Wernick dated September 28, 2023 re: Joint Update. Document filed by Consumer Financial Protection Bureau..(Smullin, Rebecca) (Entered: 09/28/2023)

MEMO ENDORSEMENT on re: 71 Letter filed by Consumer Financial Protection Bureau. ENDORSEMENT: The Court appreciates the above update from the parties. The parties are directed to submit a joint letter on or before February 5, 2024, apprising the Court of developments in the Supreme Court case. (Signed by Judge Katherine Polk Failla on 9/29/2023) (rro) (Entered: 09/29/2023)

MOTION for Clifford Thau to Withdraw as Attorney . Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Thau, Clifford) (Entered: 12/27/2023)

DECLARATION of Clifford Thau in Support re: 73 MOTION for Clifford Thau to Withdraw as Attorney .. Document filed by MoneyGram International, Inc., MoneyGram Payment Systems, Inc...(Thau, Clifford) (Entered: 12/27/2023)