Consumer Financial Protection Bureau v. Golden Valley Lending, Inc. et al
Filing
47
ORDER setting deadlines. Signed by Magistrate Judge James P. O'Hara on 9/11/2017. (amh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CONSUMER FINANCIAL PROTECTION
BUREAU,
Plaintiff,
v.
Case No. 17-2521-CM
GOLDEN VALLEY LENDING, INC.,
SILVER CLOUD FINANCIAL, INC.,
MOUNTAIN SUMMIT FINANCIAL, INC.,
and MAJESTIC LAKE FINANCIAL, INC.,
Defendants.
ORDER
The Consumer Financial Protection Bureau (the “CFPB”) filed this consumer-credit
lawsuit against defendants, lending institutions owned and incorporated by the Habematolel
Pomo of Upper Lake Indian Tribe, in the United States District Court for the Northern
District of Illinois on April 27, 2017.1 Before responding to the complaint, defendants
moved to transfer the case to this court under 28 U.S.C. § 1404(a)2 and to stay pretrial
proceedings pending a resolution of their transfer request.3 U.S. District Judge Thomas M.
1
Consumer Financial Protection Bureau v. Golden Valley Lending, Inc., et al., Case No. 17cv-3155, United States District Court for the Northern District of Illinois.
2
ECF No. 18.
3
ECF No. 20.
O:\ORDERS\17-2521-Initial Order Upon Transfer.wpd
Durkin granted the stay request4 and, on September 8, 2017, granted the motion to transfer.5
The case has now been received by this court and assigned to the undersigned U.S.
Magistrate Judge, James P. O’Hara. The undersigned has reviewed the record of the case,
which indicates defendants intend to file a motion to dismiss the case based on tribal
sovereign immunity and several other reasons.6 The record further indicates defendants
believe discovery should be deferred until the court rules the anticipated motion to dismiss,
but that CFPB believes discovery should not be delayed.7
IT IS THEREFORE ORDERED that defendants’ response to the complaint (i.e. the
aforementioned motion to dismiss) shall be due September 25, 2017. Should defendants still
wish to seek a stay of the proceedings (including the setting of a Fed. R. Civ. P. 26(f)
conference), a motion to stay the proceedings is due by that same date.
Dated September 11, 2017, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge
4
ECF No. 24.
5
ECF No. 43
6
ECF No. 18-1 at 2-3; ECF No. 28 at 2.
7
ECF No. 28 at 2-3.
O:\ORDERS\17-2521-Initial Order Upon Transfer.wpd
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