Consumer Financial Protection Bureau v. National Credit Systems, Inc.
| Georgia Northern District Court | |
| Judge: | William M Ray, II |
| Referred: | J Clay Fuller |
| Case #: | 1:24-cv-05809 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | FRCP 45(b) Application for enforcement of subpoena |
| Case Filed: | Dec 17, 2024 |
| Last checked: Thursday Dec 19, 2024 3:16 AM EST |
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Petitioner
Consumer Financial Protection Bureau
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Represented By
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Respondent
National Credit Systems, Inc.
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Represented By
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| Docket last updated: 12/20/2024 11:59 PM EST |
| Thursday, December 19, 2024 | ||
| 34 | 34
2
pgs
order
Order on Motion for Leave to File Matters Under Seal
Thu 12/19 11:10 AM
ORDER granting33 Motion for Leave to File Matters Under Seal. The following shall remain sealed from public view: 1. Respondents Brief in Opposition to Amended Petition to Enforce Civil Investigative Demand, [ECF No.32 ]; 2. The Declaration of John H. Bedard, Jr. and its attached Exhibits, [ECF No.32 -1] ]; and 3. The Declaration of Joel Lackey, and its attached Exhibits, [ECF No.32 -2]. Additionally, NCS is directed, within 21 days from the date of this order, to (1) identify with specificity those portions of the filings identified above that it contends are in fact confidential or trade secrets, (2) meet and confer with the Bureau regarding this proposal, and (3) file a redacted version of the sealed documents with the Court. Signed by Magistrate Judge J. Clay Fuller on 12/19/2024. (tmf) |
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| Tuesday, December 17, 2024 | ||
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Unopposed MOTION for Leave to File Matters Under Seal re:32 Response in Opposition to Motion, with Brief In Support by National Credit Systems, Inc..(Bedard, John)
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Att: 1
Text of Proposed Order
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SEALED at 34 RESPONSE in Opposition re23 MOTION Amended Motion to Enforce Civil Investigative Demand filed by National Credit Systems, Inc..(Bedard, John) Modified on 12/19/2024 to edit red text(tmf).
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Att: 1
Declaration of John H. Bedard, Jr.,
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Att: 2
Declaration of Joel Lackey
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utility
Case Reported Statistically
Wed 12/18 11:51 AM
Case reported statistically. Matter transferred from 1:23-mi-00007-WMR-JCF. (tmf) |
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| Tuesday, December 03, 2024 | ||
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NOTICE Of Filing Redacted Documents by National Credit Systems, Inc. re26 Order on Motion for Leave to File Matters Under Seal,,(Bedard, John)
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Att: 1
Exhibit Brief in Support of Amended Petition,
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Att: 2
Exhibit Declaration of S. Baldwin,
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Att: 3
Exhibit Civil Investigative Demand,
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Att: 4
Exhibit CID Response of NCS,
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Att: 5
Exhibit Letter from Berndt and Associates,
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Att: 6
Exhibit Deficiencies in WR7,
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Att: 7
Exhibit Deficiencies in WR8,
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Att: 8
Exhibit Deficiencies in WR16,
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Att: 9
Exhibit Deficiencies in WR1
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| Tuesday, November 26, 2024 | ||
| Submission of28 Order,27 MOTION for Leave to File Excess Pages , to Magistrate Judge J. Clay Fuller. (clk) | ||
| Monday, November 25, 2024 | ||
| 30 | 30
ORDER adopting in part27 Motion for Leave to File Excess Pages. NCS may file a response brief NO LONGER THAN 50 PAGES, and CFPB may file a reply brief of NO LONGER THAN 25 PAGES. In light of the upcoming holidays, NCSs brief shall be filed NO LATER THAN DECEMBER 20, 2024, and CFPBs reply shall be filed NO LATER THAN JANUARY 17, 2025. Signed by Magistrate Judge J. Clay Fuller on 11/25/2024. (dob)
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RESPONSE in Opposition re27 MOTION for Leave to File Excess Pages filed by Consumer Financial Protection Bureau. (Baldwin, Sarah)
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| Thursday, November 21, 2024 | ||
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ORDER: This case is before the Court on Respondent's Consolidated Motion For Leave To Exceed Page Limitations Of Rule 7.1(d) (Doc.27 ). National Credit Systems, Inc. ("NCS") requests leave to file a brief of up to 80 pages in response to Consumer Financial Protection Bureau's ("CFPB") Amended Petition To Enforce Civil Investigative Demand and also requests that the Court give NCS 14 days after ruling on its motion for page extension to file its response. (Id.). CFPB is DIRECTED to respond to NCS's motion NO LATER THAN DECEMBER 2, 2024. NCS's response to CFPB's Amended Petition shall be filed NO LATER THAN 14 DAYS after the Court rules on NCS's motion to exceed page limitations. Signed by Magistrate Judge J. Clay Fuller on 11/21/2024. (tmf)
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| Tuesday, November 19, 2024 | ||
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MOTION for Leave to File Excess Pages by National Credit Systems, Inc..(Bedard, John)
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Att: 1
Text of Proposed Order
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| Tuesday, November 12, 2024 | ||
| 26 | 26
ORDER granting25 Motion for Leave to File Matters Under Seal. Additionally, NCS is directed, within 21 days from the date of this order, to (1) identify with specificity those portions of the filings required by the Court's October 18, 2024 order that it contends are in fact confidential or trade secrets, (2) meet and confer with the Bureau regarding this proposal, and (3) file a redacted version of the sealed documents with the Court. See document for further specifics. Signed by Magistrate Judge J. Clay Fuller on 11/12/2024. (tmf)
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| Friday, November 08, 2024 | ||
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Unopposed MOTION for Leave to File Matters Under Seal re:24 Notice of Filing,, by Consumer Financial Protection Bureau.(Baldwin, Sarah)
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Att: 1
Text of Proposed Order
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SEALED at 26 NOTICE Of Filing by Consumer Financial Protection Bureau re23 MOTION Amended Motion to Enforce Civil Investigative Demand (Baldwin, Sarah) Modified on 11/12/2024 to edit red text(tmf).
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Att: 1
Amended Petition to Enforce CID,
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Att: 2
Brief Memorandum in Support of Amended Petition to Enforce CID,
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Att: 3
Declaration of Sarah Baldwin in Support of Amended Petition to Enforce CID,
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Att: 4
Exhibit 1,
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Att: 5
Exhibit 2,
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Att: 6
Exhibit 3,
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Att: 7
Exhibit 4,
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Att: 8
Exhibit 5,
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Att: 9
Exhibit 6,
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Att: 10
Exhibit 7
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Amended MOTION to Enforce Civil Investigative Demand with Brief In Support by Consumer Financial Protection Bureau.(Baldwin, Sarah) Modified on 11/12/2024 to remove duplicative text(tmf).
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Att: 1
Brief Memorandum in Support of Amended Petition to Enforce CID,
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Att: 2
Declaration of Sarah Baldwin in Support of Amended Petition to Enforce CID,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2 (Under Seal),
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Att: 5
Exhibit 3 (Under Seal),
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Att: 6
Exhibit 4 (Under Seal),
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Att: 7
Exhibit 5 (Under Seal),
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Att: 8
Exhibit 6 (Under Seal),
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Att: 9
Exhibit 7 (Under Seal)
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| Thursday, October 31, 2024 | ||
| Notification of Docket Correction re22 NOTICE Of Withdrawal Of Appearance of Tracee Plowell-Page. (Plowell-Page, Tracee) Modified on 10/31/2024 to edit event and text(tmf). | ||
| Wednesday, October 30, 2024 | ||
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NOTICE Of Withdrawal Of Appearance of Tracee Plowell-Page. (Plowell-Page, Tracee) Modified on 10/31/2024 to edit event and text(tmf).
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| Monday, October 28, 2024 | ||
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NOTICE of Appearance by Christine Lerch Kirby on behalf of Consumer Financial Protection Bureau (Kirby, Christine)
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| Friday, October 18, 2024 | ||
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ORDER: In light of the parties' representations made in support of their requests to stay this case (Docs.12 ,14 ,16 ) and in NCS's motion (Doc.18 ) concerning NCS's supplementation of its responses to the CFPB's CID, the Court DIRECTS the CFPB to amend its Petition To Enforce Civil Investigative Demand NO LATER THAN NOVEMBER 8, 2024 to set forth which of its requests in its CID remain at issue and to provide the factual and legal basis for its contentions that NCS's responses to the requests at issue are insufficient. NCS's response to the amended Petition shall be filed NO LATER THAN DECEMBER 2, 2024, and any reply shall be filed NO LATER THAN DECEMBER 16, 2024. NCS's Motion For A 14 Day Extension Of Time To Respond To The Petition (Doc.18 ) is therefore DENIED as moot. Signed by Magistrate Judge J. Clay Fuller on 10/18/2024. (tmf)
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RESPONSE re18 MOTION for Extension of Time To Respond To The Original Petition re:1 MOTION to Enforce Civil Investigative Demand filed by Consumer Financial Protection Bureau. (Baldwin, Sarah)
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| Thursday, October 17, 2024 | ||
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MOTION for Extension of Time To Respond To The Original Petition re:1 MOTION to Enforce Civil Investigative Demand by National Credit Systems, Inc.. (Bedard, John)
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| Submission of17 Order,, Set Submission Deadline,, to Magistrate Judge J. Clay Fuller. (clk) | ||
| Thursday, August 29, 2024 | ||
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ORDER granting request to continue the stay until 10/9/2024. Unless CFPB has sought to dismiss this action, NCS is DIRECTED to file a response to CFPBs1 motion to enforce civil investigative demand NO LATER THAN OCTOBER 16, 2024, and CFPBs reply will be due NO LATER THAN OCTOBER 30, 2024. Signed by Magistrate Judge J. Clay Fuller on 8/29/2024. (dob)
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| Wednesday, August 28, 2024 | ||
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STATUS REPORT pursuant to Oct 18, 2023 Order (updated) by Consumer Financial Protection Bureau. (Baldwin, Sarah)
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| Friday, July 26, 2024 | ||
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ORDER STAYING CASE: The parties' request to continue the stay is GRANTED, and proceedings in this case are STAYED UNTIL AUGUST 28, 2024. Unless CFPB has sought to dismiss this action, NCS is DIRECTED to file a response to CFPB's motion to enforce civil investigative demand (Doc.1 ) NO LATER THAN SEPTEMBER 4, 2024, and CFPB's reply will be due NO LATER THAN SEPTEMBER 18, 2024. Signed by Magistrate Judge J. Clay Fuller on 7/26/2024. (tmf)
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| Submission of14 Status Report, to Magistrate Judge J. Clay Fuller. (clk) | ||
| Thursday, July 25, 2024 | ||
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STATUS REPORT pursuant to Oct 18, 2023 Order (updated) by Consumer Financial Protection Bureau. (Baldwin, Sarah)
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| Wednesday, May 29, 2024 | ||
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ORDER: Proceedings in this case are STAYED UNTIL JULY 29, 2024. Unless CFPB has sought to dismiss this action, NCS is DIRECTED to file a response to CFPB's motion to enforce civil investigative demand (Doc.1 ) NO LATER THAN AUGUST 16, 2024, and CFPB's reply will be due NO LATER THAN AUGUST 30, 2024. Signed by Magistrate Judge J. Clay Fuller on 5/29/2024. (tmf)
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| Tuesday, May 28, 2024 | ||
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STATUS REPORT Joint Status Report pursuant to Oct 18, 2023 Order by Consumer Financial Protection Bureau. (Baldwin, Sarah)
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| Wednesday, October 18, 2023 | ||
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ORDER granting5 Motion to Stay. NCS's motion to stay pending the decision by the United States Supreme Court in Consumer Fin. Prot. Bureau v. Cmty. Fin. Servs. Assn of Am., Ltd., 2023 U.S. LEXIS 950 (Feb. 27, 2023) (Doc.5 ) is GRANTED. The parties are DIRECTED to submit a joint status report NO LATER THAN 10 DAYS after the date of United States Supreme Courts decision in Consumer Fin. Prot. Bureau v. Cmty. Fin. Servs. Assn of Am., Ltd., 2023 U.S. LEXIS 950 (Feb. 27, 2023). Signed by Magistrate Judge J. Clay Fuller on 10/18/2023. (tmf)
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| Tuesday, April 11, 2023 | ||
| Submission of5 MOTION to Stay , to Magistrate Judge J. Clay Fuller. (clk) | ||
| Monday, April 10, 2023 | ||
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REPLY to Response to Motion re5 MOTION to Stay filed by National Credit Systems, Inc..(Bedard, John)
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Att: 1
Exhibit A - Declaration of Joel Lackey In Support of Reply
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| Monday, March 27, 2023 | ||
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RESPONSE in Opposition re5 MOTION to Stay filed by Consumer Financial Protection Bureau.(Garlock, Stephanie)
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Att: 1
Declaration in Opposition to Stay Motion
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NOTICE of Appearance by Stephanie Garlock on behalf of Consumer Financial Protection Bureau (Garlock, Stephanie)
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| Monday, March 13, 2023 | ||
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ORDER DIRECTING the CFPB to respond to NCS's5 MOTION to Stay NO LATER THAN 14 DAYS from the date of entry of this Order. NCS may file a reply NO LATER THAN 14 DAYS from the date the CFPB files its response. NCS'6 MOTION for Extension of Time Respond to the1 Petition to Enforce Civil Investigative Demand is GRANTED. NCS shall not be required to respond to the petition until the Court rules on NCS's motion to stay, at which time the Court will provide further direction concerning NCS's response to the CFPB's petition. Signed by Magistrate Judge J. Clay Fuller on 3/13/2023. (adg)
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| Friday, March 10, 2023 | ||
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MOTION for Extension of Time Respond To The Petition [Doc. 1] re:1 MOTION to Enforce Civil Investigative Demand with Brief In Support by National Credit Systems, Inc..(Bedard, John)
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Att: 1
Text of Proposed Order Granting Motion for Extension
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MOTION to Stay with Brief In Support by National Credit Systems, Inc.(Bedard, John) Modified on 3/13/2023 to edit text (lwb).
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Att: 1
Memorandum Of Law In Support,
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Att: 2
Exhibit A - Letter Brief to U.S. Supreme Court On Behalf Of CFPB,
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Att: 3
Exhibit B - Order Staying Case - CFPB v. MoneyGram,
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Att: 4
Exhibit C - Order Reaffirming Stay, CFPB v. MoneyGram,
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Att: 5
Exhibit Declaration of Joel Lackey
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NOTICE of Appearance by John H. Bedard, Jr on behalf of National Credit Systems, Inc. (Bedard, John)
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| Wednesday, March 01, 2023 | ||
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CERTIFICATE OF SERVICE filed by Consumer Financial Protection Bureau(Baldwin, Sarah)
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Att: 1
proof of service
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| Friday, February 24, 2023 | ||
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ORDER DIRECTING National Credit Systems, Inc. to respond to Consumer Financial Protection Bureau's1 MOTION to Enforce Civil Investigative Demand no later than 21 DAYS after the date of entry of this Order. The CFPB may file a reply NO LATER THAN 14 DAYS after the date NCS files its response. Signed by Magistrate Judge J. Clay Fuller on 2/24/2023. (adg)
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| Thursday, February 23, 2023 | ||
| Submission of1 MOTION to Enforce Civil Investigative Demand to Magistrate Judge J. Clay Fuller. (pdt) | ||
| Wednesday, February 22, 2023 | ||
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MOTION to Enforce Civil Investigative Demand by Consumer Financial Protection Bureau.(pdt)
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Att: 1
Memorandum in Support of Petition to Enforce,
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Att: 2
Declaration in Support of Petition to Enforce,
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Att: 3
Exhibit 1 - Civil Investigative Demand, Oct 18, 2022,
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Att: 4
Exhibit 2 - NCS Petition to Set Aside CID,
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Att: 5
Exhibit 3 - Bureau Decision and Order,
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Att: 6
Exhibit 4 - Service of Decision and Order,
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Att: 7
Exhibit 5 - NCS letter, Jan 11, 2023,
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Att: 8
Text of Proposed Order to Show Cause,
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Att: 9
Text of Proposed Order to Comply,
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Att: 10
Civil Cover Sheet
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