Consumer Financial Protection Bureau v. Nationwide Biweekly Administration, Inc. et al

Filing 394

ORDER SETTING BRIEFING SCHEDULE (rslc1, COURT STAFF) (Filed on 5/11/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONSUMER FINANCIAL PROTECTION
BUREAU,
Plaintiff,

United States District Court
Northern District of California

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Case No. 15-cv-02106-RS
ORDER SETTING BRIEFING
SCHEDULE

v.
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., et al.,
Defendants.

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On consideration of the parties’ joint case management conference statement, the

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conference set for May 18, 2023, is vacated. The parties are in agreement that briefing should

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proceed at this time on the so-called “Seila Law” and “restitution” issues, but disagree as to

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whether briefing on the constitutionality of the CFPB’s funding should await the Supreme Court’s

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anticipated decision in Community Financial Services Ass’n of America, Ltd. v. CFPB, 51 F.4th

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616 (5th Cir. 2022), cert. granted, 2023 WL 2227658 (U.S. Feb. 27, 2023) (No. 22-448).

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The parties also disagree as to page limits. Plaintiff proposes the normal motion practice limits

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should apply for each of the three issues. Defendants seek additional pages for both the Seila Law

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issue and the constitutionality issue, as to which they are effectively the “moving parties.”

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Briefing on the constitutionality issue will not be postponed, although the court reserves

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the discretion to defer issuing a decision until the Supreme Court rules. Because this means the

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parties will be addressing one more issue than they perhaps had anticipated, their proposed

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deadlines will be extended by two weeks. Accordingly, briefing will proceed as follows.

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June 29, 2023
-- Defendants shall file an opening brief, not to exceed 35 pages, regarding the
Seila Law issue identified in the Ninth Circuit’s Memorandum Disposition at pages 3-4.
-- Defendants shall file an opening brief, not to exceed 35 pages, regarding the

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issue of the constitutionality of the CFPB’s funding mechanism identified in the

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Memorandum Disposition at page 4.

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-- Plaintiff shall file an opening brief, not to exceed 25 pages, regarding the
restitution issue identified in the Memorandum Disposition at pages 4-5.

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United States District Court
Northern District of California

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August 3, 2023
The parties shall file oppositions, each not to exceed the number of pages allowed
for the corresponding opening briefs.

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September 7, 2023
The parties may file reply briefs not to exceed 15 pages each.

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The matter may then be set for hearing at the court’s discretion.

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IT IS SO ORDERED.

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Dated: May 11, 2023
______________________________________
RICHARD SEEBORG
Chief United States District Judge

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CASE NO.

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15-cv-02106-RS