Case: Consumer Financial Protection Bureau (CFPB) v. Financial Asset Management, Inc. (FAMI)

Consumer Financial Protection Bureau v. Financial Asset Management, Inc.

PETITION to Enforce Administrative Subpoena. Fee waived filed by Consumer Financial Protection Bureau. (Attachments: # 1 Civil Cover Sheet, # 2 Affidavit E. Vanessa Assae-Bille, # 3 Exhibit A - Civil Investigative Demand (CID) to FAMI & E-Mail re: Service, # 4 Exhibit B - Jan. 2023 FAMI Modification Requests, # 5 Exhibit C - Feb. 2023 CFPB Modifications to CID, # 6 Exhibit D - Mar. 2023 FAMI Modification Requests, # 7 Exhibit E - Mar. 2023 CFPB Modifications to CID, # 8 Exhibit F - FAMI Production Cover Letters, # 9 Exhibit G - E-Mail Exchange re: Compliance & CFSA, # 10 Exhibit H - E-Mail Exchange re: Interrogatory No. 4, # 11 Text of Proposed Order) (Assae-Bille, Elisabeth) (Entered: 06/12/2023)

1 Civil Cover Sheet

View on PACER

2 Affidavit E. Vanessa Assae-Bille

View on PACER

3 Exhibit A - Civil Investigative Demand (CID) to FAMI & E-Mail re: Service

View on PACER

4 Exhibit B - Jan. 2023 FAMI Modification Requests

View on PACER

5 Exhibit C - Feb. 2023 CFPB Modifications to CID

View on PACER

6 Exhibit D - Mar. 2023 FAMI Modification Requests

View on PACER

7 Exhibit E - Mar. 2023 CFPB Modifications to CID

View on PACER

8 Exhibit F - FAMI Production Cover Letters

View on PACER

9 Exhibit G - E-Mail Exchange re: Compliance & CFSA

View on PACER

10 Exhibit H - E-Mail Exchange re: Interrogatory No. 4

View on PACER

11 Text of Proposed Order

View on PACER

NOTICE of Appearance by Benjamin Clark on behalf of Consumer Financial Protection Bureau (Clark, Benjamin) (Entered: 06/12/2023)

Case Assigned to Judge Howard C. Nielson, Jr. Case number will now read 2:23-cv-00382-HCN. Please make changes to document captions accordingly. (nl) (Entered: 06/13/2023)

DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 6/14/23. (dle) (Entered: 06/14/2023)

ORDER MODIFYING REFERRAL of Magistrate Judge Jared Bennett to 28:636 (b)(1)(B) from (b)(1)(A), Magistrate to handle case up to and including R&R on all dispositive matters. Signed by Judge Howard C. Nielson, Jr., on 6/14/2023. (mlp) (Entered: 06/14/2023)

Order Referring Case to Magistrate Judge

Order Modifying Referral

ORDER TO SHOW CAUSE- IT IS HEREBY ORDERED that, within 21 days of service of a copy of this Order, Respondent shall, in writing, show cause, if there be any, why an Order Compelling Compliance with the CID should not be granted in accordance with the Petition filed by the Bureau. (See order for further rulings.) Signed by Magistrate Judge Jared C. Bennett on 6/23/2023. (jwt) (Entered: 06/23/2023)

CERTIFICATE OF SERVICE by Consumer Financial Protection Bureau re 6 Order to Show Cause, 1 Petition to Enforce Administrative Subpoena,, (Clark, Benjamin) (Entered: 06/30/2023)

MOTION to Stay and Memorandum in Support Pending U.S. Supreme Court Decision in Community Financial Services Association of America Ltd. v. CFPB filed by Respondent Financial Asset Management, Inc.. (Attachments: # 1 Exhibit 1 - CID to Check City Partnership, LLC, # 2 Exhibit 2- CID to Purpose Financial, Inc.) Motions referred to Jared C. Bennett. Attorney Nathan R. Marigoni added to party Financial Asset Management, Inc.(pty:res)(Marigoni, Nathan) (Entered: 07/19/2023)

1 Exhibit 1 - CID to Check City Partnership, LLC

View on RECAP

2 Exhibit 2- CID to Purpose Financial, Inc.

View on RECAP

MOTION for Extension of Time to File Response/Reply as to 1 Petition to Enforce Administrative Subpoena,, Pending Resolution of Motion to Stay filed by Respondent Financial Asset Management, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Marigoni, Nathan) (Entered: 07/19/2023)

MEMORANDUM in Opposition re 9 MOTION for Extension of Time to File Response/Reply as to 1 Petition to Enforce Administrative Subpoena,, Pending Resolution of Motion to Stay filed by Petitioner Consumer Financial Protection Bureau. (Clark, Benjamin) (Entered: 07/24/2023)

NOTICE of Appearance by Anthony C. Kaye on behalf of Financial Asset Management, Inc. (Kaye, Anthony) (Entered: 07/26/2023)

MOTION for Admission Pro Hac Vice of Sarah T. Reise, Registration fee $ 50, receipt number AUTDC-4756423,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Respondent Financial Asset Management, Inc.. (Attachments: # 1 Exhibit Application for Pro Hac Vice Admission, # 2 Text of Proposed Order)(Marigoni, Nathan) (Entered: 07/26/2023)

ORDER granting 12 Motion for Admission Pro Hac Vice of Attorney Sarah T. Reise for Financial Asset Management, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/27/23. (dle) (Entered: 07/27/2023)

NOTICE of Appearance by Stephanie Garlock on behalf of Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 08/02/2023)

MEMORANDUM in Opposition re 8 MOTION to Stay and Memorandum in Support Pending U.S. Supreme Court Decision in Community Financial Services Association of America Ltd. v. CFPB filed by Petitioner Consumer Financial Protection Bureau. (Garlock, Stephanie) (Entered: 08/02/2023)

REPLY to Response to Motion re 9 MOTION for Extension of Time to File Response/Reply as to 1 Petition to Enforce Administrative Subpoena,, Pending Resolution of Motion to Stay Respondent Financial Asset Management, Inc.'s Reply In Support Of Its Motion For Extension Of Time filed by Respondent Financial Asset Management, Inc.. (Marigoni, Nathan) (Entered: 08/07/2023)

REPLY to Response to Motion re 8 MOTION to Stay and Memorandum in Support Pending U.S. Supreme Court Decision in Community Financial Services Association of America Ltd. v. CFPB filed by Respondent Financial Asset Management, Inc.. (Kaye, Anthony) (Entered: 08/16/2023)

NOTICE of SUPPLEMENTAL AUTHORITY by Consumer Financial Protection Bureau re 8 MOTION to Stay and Memorandum in Support Pending U.S. Supreme Court Decision in Community Financial Services Association of America Ltd. v. CFPB (Attachments: # 1 Carnes Stay Decision) (Garlock, Stephanie) (Entered: 09/21/2023)

RESPONSE re 18 Notice of Supplemental Authority,, filed by Financial Asset Management, Inc.. (Marigoni, Nathan) (Entered: 09/28/2023)

RESPONSE to Motion re 8 MOTION to Stay and Memorandum in Support Pending U.S. Supreme Court Decision in Community Financial Services Association of America Ltd. v. CFPB Respondent Financial Asset Management Inc.'s Notice of Supplemental Authority filed by Respondent Financial Asset Management, Inc.. (Marigoni, Nathan) (Entered: 10/30/2023)

RESPONSE re 20 Response to Motion,,Notice of Supplemental Authority filed by Consumer Financial Protection Bureau. (Garlock, Stephanie) (Entered: 11/01/2023)

MEMORANDUM DECISION AND ORDER: FAMI's motion to stay the Petition is GRANTED. This case is STAYED pending the Supreme Court's decision in CFSA. FAMI's motion for an extension of time to respond to the Petition is DENIED AS MOOT. Signed by Magistrate Judge Jared C. Bennett on 3/28/24. (dle) (Entered: 03/28/2024)

STATUS REPORT by Consumer Financial Protection Bureau, Financial Asset Management, Inc.. (Clark, Benjamin) (Entered: 05/29/2024)

DOCKET TEXT STATUS REPORT ORDER. For the reasons set forth in 23 STATUS REPORT, the court HEREBY ORDERS the parties to file a joint status report on or before 08/28/2024 to notify the court of the status of this case and any remaining disputes over compliance with the civil investigative demand. Status Report due by 08/28/2024. Signed by Magistrate Judge Jared C. Bennett on 06/10/2024. (docket text order; no attached document) (jcd) (Entered: 06/10/2024)

Status Report Order

NOTICE OF WITHDRAWAL OF COUNSEL of Anthony C. Kaye filed by Anthony C. Kaye on behalf of Financial Asset Management, Inc. (Kaye, Anthony) (Entered: 06/17/2024)

Modification of Docket. Correction: Dft's name has been corrected to conform more closely with this court's "Standards and Guidelines for Adding Parties" (punctuation marks removed from name). (alt)

STATUS REPORT Joint Status Report by Financial Asset Management Inc. (Marigoni, Nathan) (Entered: 08/27/2024)

DOCKET TEXT STATUS REPORT ORDER. For the reasons set forth in 26 STATUS REPORT Joint Status Report, the court HEREBY ORDERS the parties to file a joint status report on or before 09/13/2024 to notify the court of the status of this case and any remaining disputes over compliance with the civil investigative demand. Status Report due by 09/13/2024. Signed by Magistrate Judge Jared C. Bennett on 08/28/2024. (jcd) (Entered: 08/28/2024)

Status Report Order

STATUS REPORT Joint Status Report by Financial Asset Management Inc. (Marigoni, Nathan) (Entered: 09/13/2024)

DOCKET TEXT STATUS REPORT ORDER. For the reasons set forth in 28 STATUS REPORT Joint Status Report, the court HEREBY ORDERS the parties to file a joint status report on or before 10/11/2024 to notify the court of the status of this case and any remaining disputes over compliance with the civil investigative demand. Status Report due by 10/11/2024. Signed by Magistrate Judge Jared C. Bennett on 09/19/2024. (docket text order; no attached document) (jcd) (Entered: 09/19/2024)

Status Report Order

STATUS REPORT Joint Status Report by Consumer Financial Protection Bureau. (Clark, Benjamin) (Entered: 10/11/2024)

DOCKET TEXT STATUS REPORT ORDER. For the reasons set forth in 30 STATUS REPORT Joint Status Report, the court HEREBY ORDERS the parties to file a joint status report on or before 01/24/2025 to notify the court of the status of this case and any remaining disputes over compliance with the civil investigative demand. Status Report due by 01/24/2025. Signed by Magistrate Judge Jared C. Bennett on 10/16/2024. (docket text order; no attached document) (jcd) (Entered: 10/16/2024)

Status Report Order

STATUS REPORT by Financial Asset Management Inc. (Reise, Sarah) (Entered: 01/16/2025)

DOCKET TEXT STATUS REPORT ORDER. For the reasons set forth in 32 JOINT STATUS REPORT, the court HEREBY ORDERS the parties to file a joint status report on or before 03/24/2025 to notify the court of the status of this case and any remaining disputes over compliance with the civil investigative demand. Status Report due by 03/24/2025. Signed by Magistrate Judge Jared C. Bennett on 01/17/2025. (jcd) (Entered: 01/17/2025)

Status Report Order

MOTION to Stay and Memorandum in Support filed by Respondent Financial Asset Management Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) Motions referred to Jared C. Bennett.(Marigoni, Nathan) (Entered: 02/12/2025)

ORDER granting 34 Consent Motion to Stay. Signed by Magistrate Judge Jared C. Bennett on 2/13/25. (dle) (Entered: 02/13/2025)

NOTICE OF WITHDRAWAL OF COUNSEL of Stephanie Garlock filed by Stephanie Garlock on behalf of Consumer Financial Protection Bureau (Garlock, Stephanie) (Entered: 03/13/2025)

STIPULATION of Dismissal with Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Consumer Financial Protection Bureau, Financial Asset Management Inc. (Clark, Benjamin) (Entered: 04/18/2025)

Civil Case Terminated in light of 37 Stipulation of Dismissal with Prejudice. Case closed. Magistrate Judge Jared C. Bennett no longer assigned to case. (dle)