MEMORANDUM OPINION & ORDER re: 10 LETTER MOTION to Expedite Proposed Briefing Schedule for Preliminary Injunction addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated December 12, 2017 filed by Lower East Side People's Federal Credit Union, 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) filed by John Michael Mulvaney, Donald John Trump. Because Plaintiff has not demonstrated that it has standing to bring this action, Defendants' motion to dismiss is granted. Plaintiff's motion for a preliminary injunction is denied as moot. The Clerk of the Court is directed to terminate the motions(Dkt. Nos. 10, 30), and to close this case. (Signed by Judge Paul G. Gardephe on 2/1/2018) (mro) (Entered: 02/02/2018)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 1/12/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/31/2018)
TRANSCRIPT of Proceedings re: ARGUMENT held on 1/12/2018 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/1/2018.(McGuirk, Kelly) (Entered: 01/31/2018)
LETTER addressed to Judge Paul G. Gardephe from Benjamin T. Takemoto dated January 24, 2018 re: Response to Plaintiff's Supplemental Letter. Document filed by John Michael Mulvaney, Donald John Trump.(Takemoto, Benjamin) (Entered: 01/24/2018)
LETTER addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated January 19, 2018 re: Supplemental Letter to Judge Gardephe. Document filed by Lower East Side People's Federal Credit Union. (Attachments: # 1 Exhibit Second Supplemental Declaration of Linda Levy in Further Support of Plaintiff's Motion for a Preliminary Injunction and in Opposition to Defendants' Motion to Dismiss)(Maazel, Ilann) (Entered: 01/19/2018)
LETTER addressed to Judge Paul G. Gardephe from Benjamin T. Takemoto dated January 11, 2018 re: Supplemental Authority. Document filed by John Michael Mulvaney, Donald John Trump. (Attachments: # 1 Memorandum Opinion and Order, English v. Trump, No. 17-2534 (TJK) (D.D.C.))(Takemoto, Benjamin) (Entered: 01/11/2018)
ORDER: It is hereby ORDERED that the oral argument scheduled in this matter for Friday, January 12, 2018 at 3:00 p.m. will take place on Friday, January 12, 2018 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Oral Argument set for 1/12/2018 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/8/2018) (cf) (Entered: 01/08/2018)
REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6). Defendants' Reply Memorandum of Law in Further Support of Their Motion to Dismiss. Document filed by John Michael Mulvaney, Donald John Trump. (Takemoto, Benjamin) (Entered: 01/05/2018)
ORDER terminating 21 Letter Motion to File Amicus Brief; granting 24 Letter Motion to File Amicus Brief. The Application is granted. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 01/02/2018)
ORDER GRANTING MOTION OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA FOR LEAVE TO FILE AMICUS CURIAE BRIEF SUPPORTING DEFENDANTS. IT IS ORDERED that the Motion is GRANTED, and the amicus brief attached to the Motion is hereby accepted for filing. Granting 27 Motion to File Amicus Brief. (Signed by Judge Paul G. Gardephe on 12/28/2017) (rjm) (Entered: 01/02/2018)
MEMO ENDORSEMENT: on granting 16 UNOPPOSED MOTION OF PUBLIC CITIZEN, INC., AMERICANS FOR FINANCIAL REFORM, CENTER FOR RESPONSIBLE LENDING, CONSUMER ACTION, NATIONAL ASSOCIATION OF CONSUMER ADVOCATES, NATIONAL CONSUMER LAW CENTER, NATIONAL CONSUMERS LEAGUE, NATIONAL FAIR HOUSING ALLIANCE, TZEDEK DC, INC., AND UNITED STATES PUBLIC INTEREST RESEARCH GROUP EDUCATION FUND, INC. FOR LEAVE TO FILE MEMORANDUM AS AMICI CURIAE IN SUPPORT OF PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 12/28/2017) (ap) (Entered: 01/02/2018)
ORDER granting 22 Motion to File Amicus Brief. Upon consideration of the motion of Peter Conti-Brown for leave to file his proposed amicus curiae brief in support of the Plaintiff, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 01/02/2018)
ORDER granting 19 Motion for Leave to File Document. Upon review of Movant's Motion for Leave to File Brief of Amici Curiae Consumer Finance Regulation Scholars in Support of Plaintiff's Motion for a Preliminary Injunction, the motion for leave is hereby GRANTED, and Amici's Brief is deemed filed as of December 14, 2017. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 01/02/2018)
ORDER granting 14 Motion for Leave to File Document. Upon consideration of the motion of former Senator Chris Dodd, former Representative Barney Frank, Senator Sherrod Brown, and Representative Maxine Waters for leave to file their proposed amici curiae brief in support of the Plaintiff, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 01/02/2018)
ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE granting 28 Motion for Andrew J. Pincus to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 01/02/2018)
REPLY MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6). Reply Memorandum of Law In Support of Plaintiff's Motion for a Preliminary Injunction and In Opposition to Defendant's Motion to Dismiss. Document filed by Lower East Side People's Federal Credit Union. (Maazel, Ilann) (Entered: 12/29/2017)
DECLARATION of LINDA LEVY in Opposition re: 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6).. Document filed by Lower East Side People's Federal Credit Union. (Attachments: # 1 Exhibit A - CFPB Statement, # 2 Exhibit B - CFPB Press Release)(Maazel, Ilann) (Entered: 12/29/2017)
ORDER granting 33 Letter Motion for Leave to File Excess Pages. The Application is granted. (Signed by Judge Paul G. Gardephe on 12/28/2017) (mro) (Entered: 12/29/2017)
LETTER MOTION for Leave to File Excess Pages for Plaintiff's Combined Response to Defendants' Motion to Dismiss and Reply In Further Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Paul G. Gardephe from Debra Greenberger dated December 28, 2017. Document filed by Lower East Side People's Federal Credit Union.(Greenberger, Debra) (Entered: 12/28/2017)
DECLARATION of Benjamin T. Takemoto in Support re: 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6).. Document filed by John Michael Mulvaney, Donald John Trump. (Attachments: # 1 Exhibit 1 (Memorandum for Mick Mulvaney), # 2 Exhibit 2 (Office of Legal Counsel Slip Opinion, Designating an Acting Director of the CFPB), # 3 Exhibit 3 (Memorandum from CFPB General Counsel), # 4 Exhibit 4 (Declaration of Kate Fulton), # 5 Exhibit 5 (CFPB Press Roundtable))(Takemoto, Benjamin) (Entered: 12/22/2017)
MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6). and in Opposition to Plaintiff's Motion for a Preliminary Injunction. Document filed by John Michael Mulvaney, Donald John Trump. (Takemoto, Benjamin) (Entered: 12/22/2017)
MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6). Document filed by John Michael Mulvaney, Donald John Trump. Responses due by 12/29/2017(Takemoto, Benjamin) (Entered: 12/22/2017)
ORDER granting 25 Letter Motion for Leave to File Excess Pages. The Application granted. (Signed by Judge Paul G. Gardephe on 12/22/2017) (cf) (Entered: 12/22/2017)
MOTION for Andrew J. Pincus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14510936. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Chamber of Commerce of the United States of America. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing)(Pincus, Andrew) (Entered: 12/22/2017)
MOTION to File Amicus Brief Supporting Defendants. Document filed by The Chamber of Commerce of the United States of America. (Attachments: # 1 Exhibit A - Amicus Brief, # 2 Text of Proposed Order)(Goldman, Lauren) (Entered: 12/22/2017)
NOTICE OF APPEARANCE by Lauren Rosenblum Goldman on behalf of The Chamber of Commerce of the United States of America. (Goldman, Lauren) (Entered: 12/22/2017)
LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Benjamin T. Takemoto dated December 19, 2017. Document filed by John Michael Mulvaney, Donald John Trump.(Takemoto, Benjamin) (Entered: 12/19/2017)
AMENDED LETTER MOTION to File Amicus Brief of the District of the Columbia and Seventeen Other States addressed to Judge Paul G. Gardephe from Christina Okereke dated December 15, 2017. Document filed by District of Columbia, State Of Delaware,, State Of New York, State of Hawaii, State of Iowa, State of Maine, State of Maryland, State of Massachusetts, State of Minnesota, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of California, State Of Connecticut, State of Illinois, State of New Mexico, State of Pennsylvania. (Attachments: # 1 Exhibit Amended Amicus Brief of the District of Columbia et al.)(Okereke, Christina) (Entered: 12/15/2017)
ORDER: 1. Defendants' opposition to Plaintiff's motion for a preliminary injunction and brief in support of Defendants' motion to dismiss is due December 22, 2017. 2. Plaintiff's reply in support of its motion for a preliminary injunction and opposition to Defendants' motion to dismiss is due December 29, 2017. 3. Defendants' reply in support of their motion to dismiss is due January 5, 2018. It is further ORDERED that there will be oral argument in this matter on Friday, January 12, 2018 at 3:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (As further set forth in this Order.) (Responses due by 12/22/2017, Replies due by 1/5/2018., Oral Argument set for 1/12/2018 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/14/2017) (cf) (Entered: 12/15/2017)
CONSENT MOTION to File Amicus Brief in Support of Plaintiff's Motion for a Preliminary Injunction. Document filed by Peter Conti-Brown. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief, # 2 Text of Proposed Order)(Hoffmann, Anna) (Entered: 12/14/2017)
LETTER MOTION to File Amicus Brief of the District of Columbia and Twelve Other States addressed to Judge Paul G. Gardephe from Christina Okereke dated December 14, 2017. Document filed by District of Columbia, State Of Delaware,, State of Hawaii, State of Iowa, State of Maine, State of Maryland, State of Massachusetts, State of Minnesota, State Of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington. (Attachments: # 1 Exhibit Amici Brief of District of Columbia et al.)(Okereke, Christina) (Entered: 12/14/2017)
CONSENT MOTION for Leave to File Brief of Amicus Curiae Consumer Finance Regulation Scholars . Document filed by Susan Block-Lieb, Mark E. Budnitz, Prentiss Cox, Benjamin P. Edwards, Kathleen C. Engel, Linda E. Fisher, Judith Fox, Robert Hockett, Edward Janger, Dalie Jimenez, Adam J. Levitin, Cathy Lesser Mansfield, Nathalie Martin, Patricia A. McCoy, Christopher Lewis Peterson, David J. Reiss, Jeff Sovern, Justin Steil, Jennifer Taub, Arthur E. Wilmarth, Jr, Ethan S. Bernstein. (Attachments: # 1 Exhibit Brief of Amicus Curiae Consumer Finance Regulation Scholars, # 2 Text of Proposed Order)(Weiner, Courtney) (Entered: 12/14/2017)
PROPOSED BRIEF re: 16 CONSENT MOTION to File Amicus Brief . . Document filed by Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Public Citizen, Inc., Tzedek DC, Inc., United States Public Interest Research Group Education Fund.(Pulver, Adam) (Entered: 12/14/2017)
MEMORANDUM OF LAW in Support re: 16 CONSENT MOTION to File Amicus Brief . . Document filed by Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Public Citizen, Inc., Tzedek DC, Inc., United States Public Interest Research Group Education Fund. (Pulver, Adam) (Entered: 12/14/2017)
CONSENT MOTION to File Amicus Brief . Document filed by Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Public Citizen, Inc., Tzedek DC, Inc., United States Public Interest Research Group Education Fund.(Pulver, Adam) (Entered: 12/14/2017)
NOTICE OF APPEARANCE by Adam R Pulver on behalf of Public Citizen, Inc., Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Tzedek DC, Inc., United States Public Interest Research Group Education Fund. (Pulver, Adam) (Entered: 12/14/2017)
CONSENT MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for a Preliminary Injunction. Document filed by Chris Dodd, Barney Frank, Sherrod Brown, Maxine Waters. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Exhibit Proposed Order)(Gans, David) (Entered: 12/14/2017)
LETTER REPLY to Response to Motion addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated December 13, 2017 re: 10 LETTER MOTION to Expedite Proposed Briefing Schedule for Preliminary Injunction addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated December 12, 2017. . Document filed by Lower East Side People's Federal Credit Union. (Attachments: # 1 Exhibit 1)(Maazel, Ilann) (Entered: 12/13/2017)
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Benjamin T. Takemoto dated December 13, 2017 re: 10 LETTER MOTION to Expedite Proposed Briefing Schedule for Preliminary Injunction addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated December 12, 2017. . Document filed by John Michael Mulvaney, Donald John Trump. (Takemoto, Benjamin) (Entered: 12/13/2017)
LETTER MOTION to Expedite Proposed Briefing Schedule for Preliminary Injunction addressed to Judge Paul G. Gardephe from Ilann M. Maazel dated December 12, 2017. Document filed by Lower East Side People's Federal Credit Union. (Attachments: # 1 Exhibit A - Proposed Order to Show Cause for Preliminary Injunction, # 2 Exhibit B - Maazel Declaration In Support of Order to Show Cause for Preliminary Injunction, # 3 Exhibit C - Levy Declaration In Support of Order to Show Cause for Preliminary Injunction, # 4 Exhibit D - Memorandum of Law In Support of Order to Show Cause for Preliminary Injunction)(Maazel, Ilann) (Entered: 12/12/2017)
AFFIDAVIT OF SERVICE of Summons and Complaint. John Michael Mulvaney served on 12/7/2017, answer due 12/28/2017; Donald John Trump served on 12/7/2017, answer due 12/28/2017. Service was made by Mail. Document filed by Lower East Side People's Federal Credit Union. (Maazel, Ilann) (Entered: 12/11/2017)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lower East Side People's Federal Credit Union.(Maazel, Ilann) (Entered: 12/05/2017)
REQUEST FOR ISSUANCE OF SUMMONS as to JOHN MICHAEL MULVANEY, re: 1 Complaint. Document filed by Lower East Side People's Federal Credit Union. (Maazel, Ilann) (Entered: 12/05/2017)
REQUEST FOR ISSUANCE OF SUMMONS as to DONALD JOHN TRUMP, re: 1 Complaint. Document filed by Lower East Side People's Federal Credit Union. (Maazel, Ilann) (Entered: 12/05/2017)
COMPLAINT against John Michael Mulvaney, Donald John Trump. (Filing Fee $ 400.00, Receipt Number 0208-14439147)Document filed by Lower East Side People's Federal Credit Union.(Maazel, Ilann) (Entered: 12/05/2017)
Filed: 2/1/2018, Entered: None
Unknown Document Type
Transmission to Judgments and Orders Clerk. Transmitted re: 54 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 28 MOTION for Andrew J. Pincus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14510936. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (sj)
Magistrate Judge Robert W. Lehrburger 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: http://nysd.uscourts.gov/forms.php. (sj)
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