Case Details

CourtDistrict of the District of Columbia
Docket number1:14-cv-00953
Date case filed2014-06-05
Date case closed
Date of latest filing2017-05-08
Assigned toJudge Gladys Kessler
Case cause05:702 Administrative Procedure Act
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.
Party type: Plaintiff
TERMINATED: 12/19/2016
Attorney name: David Henry Thompson
Attorney Contact:
COOPER & KIRK, PLLC
1523 New Hampshire Ave, NW
Washington, DC 20036
(202) 220-9600
Fax: (202) 220-9601
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Harold Smith Reeves
Attorney Contact:
COOPER & KIRK, PLLC
1523 New Hampshire Ave, NW
Washington, DC 20036
(202) 220-9600
Fax: (202) 220-9601
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Howard C. Nielson , Jr.
Attorney Contact:
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, NW
Washington, DC 20036
(202) 220-9600
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Charles Justin Cooper
Attorney Contact:
COOPER & KIRK, PLLC
1523 New Hampshire Ave, NW
Washington, DC 20036
(202) 220-9660
Fax: (202) 220-9601
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: ADVANCE AMERICA, CASH ADVANCE CENTERS, INC.
Party type: Plaintiff
Attorney name: David Henry Thompson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Harold Smith Reeves
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Howard C. Nielson , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
COOPER & KIRK, PLLC
1523 New Hampshire Ave, NW
Washington, DC 20036
(202) 220-9600
Fax: (202) 220-9601
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: FEDERAL DEPOSIT INSURANCE CORPORATION
Party type: Defendant
Attorney name: Duncan Norman Stevens
Attorney Contact:
FEDERAL DEPOSIT INSURANCE CORPORATION
Legal Division, Professional Liability Unit
3501 Fairfax Drive
Arlington, VA 22226-3500
(703) 562-2402
Fax: (703) 562-2477
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Erik Bond
Attorney Contact:
FEDERAL DEPOSIT INSURANCE CORPORATION
Corporate Litigation Unit
3501 Fairfax Drive
VS-D7026
Arlington, VA 22226
(703) 562-6461
Fax: (703) 562-2475
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Andrew Jared Dober
Attorney Contact:
FEDERAL DEPOSIT INSURANCE CORPORATION
Legal Division, Professional Liability Unit
3501 Fairfax Drive
Arlington, VA 22226
(703) 562-2545
Fax: 202-887-4288
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
Party type: Defendant
Attorney name: Yonatan Gelblum
Attorney Contact:
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
20th & Constitution Ave., NW
Washington, DC 20551
(202) 452-2046
Fax: (202) 736-5615
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Yvonne F. Mizusawa
Attorney Contact:
BOARD OF GOVERNOR OF THE FEDERAL RESERVE SYSTEM
20th & C Streets, NW
Mail Stop 12
Washington, DC 20551
(202) 452-3436
Fax: (202) 736-5615
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua P. Chadwick
Attorney Contact:
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
20th & Constitution Avenue, NW
Washington, DC 20551
(202) 263-4835
Fax: (202) 736-5615
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: OFFICE OF THE COMPTROLLER OF THE CURRENCY
Party type: Defendant
Attorney name: Peter Chadwell Koch
Attorney Contact:
OFFICE OF THE COMPTROLLER OF THE CURRENCY
Litigation Division
400 7th Street, SW
Washington, DC 20219
(202)649-6313
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: THOMAS J. CURRY
Party type: Defendant
in his official capacity as the Comptroller of the Currency
Attorney name: Peter Chadwell Koch
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: THIRD PARTY PAYMENT PROCESSORS ASSOCIATION
Party type: Amicus
Attorney name: Ivan B. Knauer
Attorney Contact:
PEPPER HAMILTON, LLP
600 14th Street, NW
Suite 500
Washington, DC 20005-2004
(202) 220-1219
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: The LIBRE Initiative Institute
Party type: Amicus
Cause of Action
1919 Pennsylvania Ave NW
Ste 650
Washington, DC 20006
202-499-4232
Attorney name: Daniel Zachary Epstein
Attorney Contact:
CAUSE OF ACTION
1919 Pennsylvania Avenue, NW
Suite 650
Washington, DC 20006
(202) 499-4232
Fax: (202) 330-5842
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Prashant Kumar Khetan
Attorney Contact:
CAUSE OF ACTION
1919 Pennsylvania Avenue, NW
Suite 650
Washington, DC 20006
(202) 499-4232
Fax: (202) 350-4944
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: LIBRE INITIATIVE INSTITUTE
Party type: Amicus
Attorney name: Daniel Zachary Epstein
Attorney Contact:
CAUSE OF ACTION INSTITUTE
1875 Eye Street, NW
Suite 800
Washington, DC 20006
(202) 499-4232
Fax: (202) 330-5842
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Prashant Kumar Khetan
Attorney Contact:
CAUSE OF ACTION INSTITUTE
1875 Eye Street, NW
Suite 800
Washington, DC 20006
(202) 499-4232
Fax: (202) 350-4944
Email: [email protected]
TERMINATED: 08/21/2015 ATTORNEY TO BE NOTICED
Party: STATE OF SOUTH CAROLINA
Party type: Amicus
Attorney name: Lewis Steven Wiener
Attorney Contact:
EVERSHEDS SUTHERLAND (US) LLP
700 6th Street, NW
Suite 700
Washington, DC 20001
(202) 383-0100
Fax: 202-637-3593
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: WILLIAM ISAAC
Party type: Amicus
Attorney name: Michelle Ann Scott
Attorney Contact:
CENTER FOR INDIVIDUAL RIGHTS
1233 20th Street, NW
Suite 300
Washington, DC 20026
(202) 833-8400 X114
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: AUBREY STONE
Party type: Amicus
Attorney name: Brandon David Almond
Attorney Contact:
TROUTMAN SANDERS LLP
401 9th Street, NW
Suite 1000
Washington, DC 20004
(202) 274-2864
Fax: (202) 274-2994
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: NATIONAL ORGANIZATION OF AFRICAN AMERICANS IN HOUSING
Party type: Amicus
Attorney name: Brandon David Almond
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: TEAMSTERS NATIONAL BLACK CAUCUS
Party type: Amicus
Attorney name: Chrys D. Lemon
Attorney Contact:
MCINTYRE & LEMON, PLLC
1155 15th Street, NW
Suite 1101
Washington, DC 20005-2706
(202) 659-3900
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: CHECK INTO CASH, INC.
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: NCP FINANCE LIMITED PARTNERSHIP
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: NCP FINANCE OHIO, LLC
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: NORTHSTATE CHECK EXCHANGE
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: PH FINANCIAL SERVICES, LLC
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: RICHARD NAUMANN
Party type: Plaintiff
Attorney name: Charles Justin Cooper
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter A. Patterson
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12014-06-05 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3738764) filed by COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., ADVANCE AMERICA, CASH ADVANCE CENTERS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Cooper, Charles) (Entered: 06/05/2014)
1.1 Civil Cover Sheet
1.2 Summons
22014-06-05 Corporate Disclosure Statement by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Cooper, Charles) (Entered: 06/05/2014)
32014-06-05 NOTICE of Appearance by David Henry Thompson on behalf of All Plaintiffs (Thompson, David) (Entered: 06/05/2014)
42014-06-11 SUMMONS (6) Issued Electronically as to BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form)(md, ) (Entered: 06/11/2014)
4.1 Notice of Consent
4.2 Consent Form
52014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/12/2014. (Cooper, Charles) Modified date of service on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
62014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2014. Answer due for ALL FEDERAL DEFENDANTS by 8/11/2014. (Cooper, Charles) Modified dates on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
72014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL DEPOSIT INSURANCE CORPORATION served on 6/12/2014 (Cooper, Charles) Modified date of service on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
82014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM served on 6/12/2014 (Cooper, Charles) Modified date of service on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
92014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE COMPTROLLER OF THE CURRENCY served on 6/12/2014 (Cooper, Charles) Modified date of service on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
102014-06-18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS J. CURRY served on 6/12/2014 (Cooper, Charles) Modified date of service on 6/19/2014 (znmw, ). (Entered: 06/18/2014)
112014-07-29 NOTICE of Appearance of Duncan N. Stevens and Erik B. Bond by FEDERAL DEPOSIT INSURANCE CORPORATION (Stevens, Duncan) (Entered: 07/29/2014)
122014-07-30 AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY filed by COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., ADVANCE AMERICA, CASH ADVANCE CENTERS, INC..(Cooper, Charles) (Entered: 07/30/2014)
132014-07-30 CERTIFICATE OF SERVICE by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. re 12 Amended Complaint, . (Cooper, Charles) (Entered: 07/30/2014)
142014-08-12 NOTICE of Appearance by Howard C. Nielson, Jr on behalf of All Plaintiffs (Nielson, Howard) (Entered: 08/12/2014)
152014-08-18 NOTICE of Appearance by Peter Chadwell Koch on behalf of THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Koch, Peter) (Entered: 08/18/2014)
162014-08-18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Attachments: # 1 Text of Proposed Order)(Mizusawa, Yvonne) (Entered: 08/18/2014)
172014-08-18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, for Failure to State a Claim by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit Index, # 3 Exhibit A: Bay Cities Bank Consent Order, # 4 Exhibit B: Meridian Bank Consent Order, # 5 Exhibit C: Metro Phoenix Bank Consent Order, # 6 Exhibit D: Achieve Financial Services Consent Order, # 7 Exhibit E: FDIC FIL-34-2005 (Apr. 28, 2005), # 8 Exhibit F: FDIC Risk Management Manual Section 4.3, # 9 Exhibit G: FDIC Compliance Exam Manual Section VII, # 10 Exhibit H: Supervisory Insights Article (Summer 2007), # 11 Exhibit I: FYI Article (Jan. 29, 2003), # 12 Exhibit J: FDIC Press Release (Jan. 29, 2003), # 13 Exhibit K: FDIC Guidelines for Payday Lending (July 2, 2003), # 14 Exhibit L: FDIC FIL-14-2005 (Mar. 2, 2005), # 15 Exhibit M: FDIC Risk Management Manual Section 3.2, # 16 Exhibit N: FDIC FIL-44-2008 (June 6, 2008), # 17 Exhibit O: FDIC FIL-127-2008 (Nov. 7, 2008), # 18 Exhibit P: Supervisory Insights Article (Summer 2011), # 19 Exhibit Q: FDIC FIL-3-2012 (Jan. 31, 2012), # 20 Exhibit R: FDIC FIL-43-2013 (Sept. 27, 2013), # 21 Exhibit S: SunFirst Bank Consent Order, # 22 Exhibit T: FDIC FIL-41-2014 (July 28, 2014), # 23 Exhibit U: Congressional Staff Report, # 24 Exhibit V: FDIC FIL-52-2006 (June 21, 2006), # 25 Text of Proposed Order)(Stevens, Duncan) (Entered: 08/18/2014)
17.1 Memorandum in Support
17.2 Exhibit Index
17.3 Exhibit A: Bay Cities Bank Consent Order
17.4 Exhibit B: Meridian Bank Consent Order
17.5 Exhibit C: Metro Phoenix Bank Consent Order
17.6 Exhibit D: Achieve Financial Services Consent Order
17.7 Exhibit E: FDIC FIL-34-2005 (Apr. 28, 2005)
17.8 Exhibit F: FDIC Risk Management Manual Section 4.3
17.9 Exhibit G: FDIC Compliance Exam Manual Section VII
17.10 Exhibit H: Supervisory Insights Article (Summer 2007)
17.11 Exhibit I: FYI Article (Jan. 29, 2003)
17.12 Exhibit J: FDIC Press Release (Jan. 29, 2003)
17.13 Exhibit K: FDIC Guidelines for Payday Lending (July 2, 2003)
17.14 Exhibit L: FDIC FIL-14-2005 (Mar. 2, 2005)
17.15 Exhibit M: FDIC Risk Management Manual Section 3.2
17.16 Exhibit N: FDIC FIL-44-2008 (June 6, 2008)
17.17 Exhibit O: FDIC FIL-127-2008 (Nov. 7, 2008)
17.18 Exhibit P: Supervisory Insights Article (Summer 2011)
17.19 Exhibit Q: FDIC FIL-3-2012 (Jan. 31, 2012)
17.20 Exhibit R: FDIC FIL-43-2013 (Sept. 27, 2013)
17.21 Exhibit S: SunFirst Bank Consent Order
17.22 Exhibit T: FDIC FIL-41-2014 (July 28, 2014)
17.23 Exhibit U: Congressional Staff Report
17.24 Exhibit V: FDIC FIL-52-2006 (June 21, 2006)
17.25 Text of Proposed Order
182014-08-18 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Koch, Peter) (Entered: 08/18/2014)
18.1 Memorandum in Support
18.2 Text of Proposed Order
192014-08-26 Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motions To Dismiss by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cooper, Charles) (Entered: 08/26/2014)
202014-09-15 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 16 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, 17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, for Failure to State a Claim by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 09/15/2014)
212014-10-01 NOTICE of Appearance by Harold Smith Reeves on behalf of All Plaintiffs (Reeves, Harold) (Entered: 10/01/2014)
222014-10-02 MOTION for Leave to File Amicus Curiae Brief by THIRD PARTY PAYMENT PROCESSORS ASSOCIATION (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A- Amicus Curiae Brief)(Knauer, Ivan) (Entered: 10/02/2014)
22.1 Text of Proposed Order
22.2 Exhibit A- Amicus Curiae Brief
232014-10-02 Memorandum in opposition to re 17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, for Failure to State a Claim, 18 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 16 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Attachments: # 1 Declaration Declaration of C. Rudolph, # 2 Declaration Declaration of J. Gonzalez, # 3 Declaration Declaration of M. Durbin, # 4 Declaration Declaration of R. Dean, # 5 Declaration Declaration of M. McDonald, # 6 Declaration Declaration of R. Zeitler, # 7 Declaration Declaration of B. Lynn, # 8 Declaration Declaration of J. Riggs, # 9 Declaration Declaration of D. Shaul, # 10 Text of Proposed Order Proposed Order)(Cooper, Charles) (Entered: 10/02/2014)
23.1 Declaration Declaration of C. Rudolph
23.2 Declaration Declaration of J. Gonzalez
23.3 Declaration Declaration of M. Durbin
23.4 Declaration Declaration of R. Dean
23.5 Declaration Declaration of M. McDonald
23.6 Declaration Declaration of R. Zeitler
23.7 Declaration Declaration of B. Lynn
23.8 Declaration Declaration of J. Riggs
23.9 Declaration Declaration of D. Shaul
23.10 Text of Proposed Order Proposed Order
242014-10-03 RESPONSE re 22 MOTION for Leave to File Amicus Curiae Brief filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Stevens, Duncan) (Entered: 10/03/2014)
252014-10-03 MOTION for Discovery by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Memorandum in Support of Motion for Jurisdictional Discovery, # 2 Declaration of Harold S. Reeves, # 3 Text of Proposed Order)(Cooper, Charles) (Entered: 10/03/2014)
25.1 Memorandum in Support of Motion for Jurisdictional Discovery
25.2 Declaration of Harold S. Reeves
25.3 Text of Proposed Order
262014-10-07 Consent MOTION for Extension of Time to File Response/Reply in Support of Motions to Dismiss, and Opposition to Motion for Jurisdictional Discovery, by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Text of Proposed Order)(Stevens, Duncan) (Entered: 10/07/2014)
272014-10-08 ORDER granting 26 Motion for Extension of Time to File Response/Reply. Signed by Judge Gladys Kessler on 10-08-2014. (lcgk3, ) (Entered: 10/08/2014)
282014-10-09 NOTICE of Appearance by Prashant Kumar Khetan on behalf of The LIBRE Initiative Institute (Khetan, Prashant) (Entered: 10/09/2014)
292014-10-09 NOTICE of Appearance by Daniel Zachary Epstein on behalf of The LIBRE Initiative Institute (Epstein, Daniel) (Entered: 10/09/2014)
302014-10-09 MOTION for Leave to File Amicus Curiae Brief by STATE OF SOUTH CAROLINA (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Wiener, Lewis) (Entered: 10/09/2014)
30.1 Exhibit 1
30.2 Text of Proposed Order
312014-10-09 MOTION for Leave to File Brief of Amicus Curiae by William M. Isaac (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Proposed Amicus Brief)(Scott, Michelle) (Entered: 10/09/2014)
322014-10-09 MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Motions to Dismiss by The LIBRE Initiative Institute (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A: Proposed Amicus Brief)(Khetan, Prashant) (Entered: 10/09/2014)
32.1 Text of Proposed Order
32.2 Exhibit A: Proposed Amicus Brief
332014-10-10 MOTION for Leave to File Amicus Brief by AUBREY STONE, NATIONAL ORGANIZATION OF AFRICAN AMERICANS IN HOUSING, TEAMSTERS NATIONAL BLACK CAUCUS. (Attachments: # 1 Memorandum in Support Proposed Brief of Amici Curiae in Support of Plaintiffs, # 2 Text of Proposed Order)(Almond, Brandon) Modified filers on 10/14/2014 (znmw, ). (Entered: 10/10/2014)
342014-10-14 RESPONSE re 30 MOTION for Leave to File Amicus Curiae Brief, 32 MOTION for Leave to File Brief of Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Motions to Dismiss, 31 MOTION for Leave to File Brief of Amicus Curiae, 33 MOTION for Leave to File Amicus Brief filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Stevens, Duncan) (Entered: 10/14/2014)
352014-10-23 NOTICE of Supplemental Support by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Exhibit Feb. 15, 2013 Letter from M. Anthony Lowe to depository institution)(Cooper, Charles) (Entered: 10/23/2014)
362014-10-27 AMICUS BRIEF by THIRD PARTY PAYMENT PROCESSORS ASSOCIATION. (znmw, ) (Entered: 10/28/2014)
372014-10-27 AMICUS BRIEF by STATE OF SOUTH CAROLINA. (znmw, ) (Entered: 10/28/2014)
382014-10-27 AMICUS BRIEF by WILLIAM ISAAC. (znmw, ) (Entered: 10/28/2014)
392014-10-27 AMICUS BRIEF by LIBRE INITIATIVE INSTITUTE. (znmw, ) (Entered: 10/28/2014)
402014-10-27 AMICUS BRIEF by NATIONAL ORGANIZATION OF AFRICAN AMERICANS IN HOUSING, AUBREY STONE, TEAMSTERS NATIONAL BLACK CAUCUS. (znmw, ) (Entered: 10/28/2014)
412014-10-31 REPLY to opposition to motion re 16 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (Mizusawa, Yvonne) (Entered: 10/31/2014)
422014-10-31 Memorandum in opposition to re 25 MOTION for Discovery filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (Mizusawa, Yvonne) (Entered: 10/31/2014)
432014-10-31 Memorandum in opposition to re 25 MOTION for Discovery filed by THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Text of Proposed Order)(Koch, Peter) (Entered: 10/31/2014)
442014-10-31 REPLY to opposition to motion re 18 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Koch, Peter) (Entered: 10/31/2014)
452014-10-31 Memorandum in opposition to re 25 MOTION for Discovery filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: # 1 Exhibit A: FIL-43-2013, # 2 Exhibit B: FIL-41-2014, # 3 Exhibit C: Transmittal Letter, # 4 Text of Proposed Order)(Stevens, Duncan) (Entered: 10/31/2014)
462014-10-31 REPLY to opposition to motion re 17 MOTION to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, for Failure to State a Claim filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: # 1 Exhibit A: DOJ Memorandum)(Stevens, Duncan) (Entered: 10/31/2014)
472014-11-03 Unopposed MOTION for Leave to File Amended Opposition to Motion for Jurisdictional Discovery by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: # 1 Amended Opposition Brief)(Stevens, Duncan) (Entered: 11/03/2014)
482014-11-03 Amended Memorandum in opposition to re 25 MOTION for Discovery filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (znmw, ) (Entered: 11/04/2014)
492014-11-10 REPLY to opposition to motion re 25 MOTION for Discovery filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Cooper, Charles) (Entered: 11/10/2014)
502014-11-10 Unopposed MOTION for Leave to File Surreply to Replies in Support of the Government Defendants' Motions to Dismiss and Surreply by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 11/10/2014)
512014-11-14 Unopposed MOTION for Leave to File Surreply in Support of Motion to Dismiss by FEDERAL DEPOSIT INSURANCE CORPORATION (Stevens, Duncan) (Entered: 11/14/2014)
522014-12-12 NOTICE of Supplemental Support by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Exhibit H. Comm. Report on FDIC's Involvement in "Operation Choke Point", # 2 Exhibit Appendix to H. Comm. Report)(Cooper, Charles) (Entered: 12/12/2014)
52.1 Exhibit H. Comm. Report on FDIC's Involvement in "Operation Choke Poin
52.2 Exhibit Appendix to H. Comm. Report
532014-12-23 RESPONSE re 52 Notice (Other), of Supplemental Support filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Stevens, Duncan) (Entered: 12/23/2014)
542015-03-13 NOTICE OF SUPPLEMENTAL AUTHORITY by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Stevens, Duncan) (Entered: 03/13/2015)
552015-03-13 NOTICE OF SUPPLEMENTAL AUTHORITY by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Cooper, Charles) (Entered: 03/13/2015)
562015-04-10 MOTION to Amend/Correct 12 Amended Complaint, by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Cooper, Charles) (Entered: 04/10/2015)
572015-04-24 Memorandum in opposition to re 56 MOTION to Amend/Correct 12 Amended Complaint, filed by THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Text of Proposed Order)(Koch, Peter) (Entered: 04/24/2015)
582015-04-27 Memorandum in opposition to re 56 MOTION to Amend/Correct 12 Amended Complaint, filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Attachments: # 1 Exhibit A: FIL-5-2015)(Stevens, Duncan) (Entered: 04/27/2015)
592015-04-27 Memorandum in opposition to re 56 MOTION to Amend/Correct 12 Amended Complaint, filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (Mizusawa, Yvonne) (Entered: 04/27/2015)
602015-05-04 REPLY to opposition to motion re 56 MOTION to Amend/Correct 12 Amended Complaint, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Cooper, Charles) (Entered: 05/04/2015)
612015-08-21 NOTICE OF WITHDRAWAL OF APPEARANCE as to LIBRE INITIATIVE INSTITUTE. Attorney Prashant Kumar Khetan terminated. (Khetan, Prashant) (Entered: 08/21/2015)
622015-09-25 ORDER granting 56 Motion to Amend/Correct; granting in part and denying in part 16 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 17 Motion to Dismiss; granting in part and denying in part 18 Motion to Dismiss; denying 25 Motion for Discovery; the Parties shall, no later than October 19, 2015, at 2:00 p.m., a Joint Rule 16 Memorandum and shall appear for an Initial Scheduling Conference on October 22, 2015, at 10:00 a.m. Signed by Judge Gladys Kessler on 9/25/15. (CL) (Entered: 09/25/2015)
632015-09-25 MEMORANDUM OPINION to the Motions to Dismiss, et al.. Signed by Judge Gladys Kessler on 9/25/15. (CL) (Entered: 09/25/2015)
642015-09-25 SECOND AMENDED COMPLAINT against BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD..(znmw) (Entered: 09/28/2015)
652015-10-09 ANSWER to 64 Amended Complaint, and Affirmative Defenses by THOMAS J. CURRY, OFFICE OF THE COMPTROLLER OF THE CURRENCY. Related document: 64 Amended Complaint, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD..(Koch, Peter) (Entered: 10/09/2015)
662015-10-09 ANSWER to 64 Amended Complaint, by FEDERAL DEPOSIT INSURANCE CORPORATION. Related document: 64 Amended Complaint, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD..(Stevens, Duncan) (Entered: 10/09/2015)
672015-10-09 ANSWER to 64 Amended Complaint, by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. Related document: 64 Amended Complaint, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD..(Mizusawa, Yvonne) (Entered: 10/09/2015)
682015-10-19 MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order, # 2 Text of Proposed Order Defendants' Proposed Order)(Cooper, Charles) (Entered: 10/19/2015)
692015-10-21 NOTICE of Appearance by Andrew Jared Dober on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Dober, Andrew) (Entered: 10/21/2015)
702015-10-21 NOTICE of Appearance by Joshua P. Chadwick on behalf of BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Chadwick, Joshua) (Entered: 10/21/2015)
712015-10-22 ORDER that Defendants shall file their Motion to Dismiss on jurisdictional grounds no later than 5:00 p.m. on October 29, 2015; Plaintiffs shall file their Opposition no later than November 12, 2015; Defendants shall file their Reply in Support no later than November 19, 2015; the Parties shall file, either jointly or separately, their proposed, detail discovery schedules no later than December 10, 2015, Plaintiffs may, if they choose and in the interest of time, file a Motion to file a Third Amended Complaint by December 10, 2015; this Order does not preclude Plaintiffs from moving to amend their Complaint after the Court resolves Defendants' Motion to Dismiss. Signed by Judge Gladys Kessler on 10/22/15. (CL) (Entered: 10/22/2015)
722015-10-26 NOTICE advising of a small error in the Memorandum Opinion [Dkt. No. 63] (see Notice for details). Signed by Judge Gladys Kessler on 10/26/15. (CL) (Entered: 10/26/2015)
732015-10-29 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff CFSA for Lack of Associational and Organizational Standing, MOTION for Judgment on the Pleadings in the Alternative as to Plaintiff CFSA by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Stevens, Duncan) (Entered: 10/29/2015)
742015-11-06 Unopposed MOTION for Leave to File Corrected Memorandum in Support of Motion to Dismiss for Lack of Associational or Organizational Standing or, in the Alternative, for Judgment on the Pleadings by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Exhibit)(Stevens, Duncan) (Entered: 11/06/2015)
752015-11-06 AMENDED MEMORANDUM to re 73 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff CFSA for Lack of Associational and Organizational Standing MOTION for Judgment on the Pleadings in the Alternative as to Plaintiff CFSA filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (znmw) (Entered: 11/09/2015)
762015-11-12 Memorandum in opposition to re 73 MOTION to Dismiss for Lack of Jurisdiction as to Plaintiff CFSA for Lack of Associational and Organizational Standing MOTION for Judgment on the Pleadings in the Alternative as to Plaintiff CFSA filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Cooper, Charles) (Entered: 11/12/2015)
772015-11-19 REPLY to opposition to motion re 74 Unopposed MOTION for Leave to File Corrected Memorandum in Support of Motion to Dismiss for Lack of Associational or Organizational Standing or, in the Alternative, for Judgment on the Pleadings filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Stevens, Duncan) (Entered: 11/19/2015)
782015-12-10 RESPONSE TO ORDER OF THE COURT re 71 Order,, Proposed Discovery Schedule filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 12/10/2015)
792015-12-10 NOTICE of Proposed Order And Statement in Support of Defendants' Proposed Discovery Plan by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Text of Proposed Order If Associational Standing Motion Granted, # 2 Text of Proposed Order If Associational Standing Motion Denied, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Dober, Andrew) (Entered: 12/10/2015)
802015-12-14 RESPONSE re 78 Response to Order of the Court, Regarding Plaintiffs' Discovery Plan filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Stevens, Duncan) (Entered: 12/14/2015)
812015-12-16 REPLY re 80 Response to Document, Proposed Discovery Plan filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Attachments: # 1 Exhibit A)(Cooper, Charles) (Entered: 12/16/2015)
822016-03-29 NOTICE of Supplemental Support by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4)(Cooper, Charles) (Entered: 03/29/2016)
832016-04-08 RESPONSE re 82 Notice (Other), of Supplemental Support, filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Stevens, Duncan) (Entered: 04/08/2016)
842016-10-25 MOTION to Amend/Correct 78 Response to Order of the Court, by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Exhibit A - Plaintiffs' Revised Proposed Discovery Plan, # 2 Text of Proposed Order)(Cooper, Charles) (Entered: 10/25/2016)
852016-11-14 RESPONSE re 84 MOTION to Amend/Correct 78 Response to Order of the Court, filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Exhibit Transcript of October 22, 2015 Scheduling Conference)(Stevens, Duncan) (Entered: 11/14/2016)
862016-11-23 REPLY re 85 Response to motion, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Cooper, Charles) (Entered: 11/23/2016)
872016-11-23 MOTION for Preliminary Injunction by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Memorandum in Support, # 2 Declaration Ed Lette, # 3 Declaration Dennis Shaul, # 4 Declaration Christian Rudolph, # 5 Text of Proposed Order)(Cooper, Charles) (Entered: 11/23/2016)
87.1 Memorandum in Support
87.2 Declaration Ed Lette
87.3 Declaration Dennis Shaul
87.4 Declaration Christian Rudolph
87.5 Text of Proposed Order
882016-12-02 Consent MOTION for Extension of Time to File Response/Reply as to 87 MOTION for Preliminary Injunction by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Text of Proposed Order)(Chadwick, Joshua) (Entered: 12/02/2016)
892016-12-08 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of NS (Scott) Ward III, # 2 Text of Proposed Order)(Koch, Peter) (Entered: 12/08/2016)
902016-12-08 Memorandum in opposition to re 87 MOTION for Preliminary Injunction filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Exhibit A: Declaration of Serena Christenson, # 2 Exhibit C: FDIC FIL-43-2013, # 3 Exhibit D: FDIC FIL-41-2014, # 4 Exhibit E: Business Bank of Texas Consent Order, # 5 Exhibit F: Form 10-K for Advance America (2011), # 6 Exhibit G: Annual Report, Grupo Elektra (2015), # 7 Exhibit H: Quarterly Report, Grupo Elektra (2Q2015), # 8 Exhibit I: Quarterly Report, Grupo Elektra (3Q2016), # 9 Exhibit J: Grupo Elektra Presentation (May 2016), # 10 Exhibit K: Annual Report, Grupo Elektra (2014), # 11 Exhibit L: FDIC FIL-5-2015, # 12 Exhibit M: Testimony of Daniel P. Stipano, # 13 Exhibit N: John Hecht, Presentation at CFSA Conference (2016), # 14 Exhibit O: Texas Appleseed, Pulling Back the Curtain (2015), # 15 Exhibit P: Form 10-K, Community Choice Financial Inc. (2015), # 16 Exhibit Q: Form 10-Q, U.S. Bancorp (2Q2016), # 17 Text of Proposed Order)(Stevens, Duncan) (Entered: 12/08/2016)
912016-12-12 ORDER granting 89 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Gladys Kessler on 12/12/2016. (ztth) (Entered: 12/13/2016)
922016-12-12 SEALED DOCUMENT (Declaration) filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. re 91 Order on Sealed Motion for Leave to File Document Under Seal. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 12/13/2016)
932016-12-13 Unopposed MOTION for Leave to File Reply in Support of Motion for Preliminary Injunction by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Proposed Reply in Support of Motion for Preliminary Injunction)(Cooper, Charles) (Entered: 12/13/2016)
942016-12-14 ORDER granting 93 Plaintiffs' Unopposed Motion for Leave to File Brief in Support of Motion for Preliminary Injunction. Signed by Judge Gladys Kessler on 12/14/16. (CL) (Entered: 12/14/2016)
952016-12-14 REPLY to opposition to motion re 87 MOTION for Preliminary Injunction filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (znmw) (Entered: 12/15/2016)
962016-12-19 ORDER granting 73 Defendants' Motion to Dismiss; CFSA is dismissed as a party to this action; Plaintiff Advance America shall submit to the Court, within seven days of the issuance of this Order, a written update on whether it wishes to proceed on the Motion for Preliminary Injunction that is currently pending before the Court, file an amended Motion or withdraw the Motion; and if Plaintiff Advance America elects to proceed on the present Motion for Preliminary Injunction, the Parties shall submit a list of mutually agreeable dates between January 9-12 or January 31-February 1, 2017, on which they are available to attend a hearing on the Motion. Signed by Judge Gladys Kessler on 12/19/16. (CL) (Entered: 12/19/2016)
972016-12-19 MEMORANDUM OPINION to the Order granting Defendants' Motion to Dismiss. Signed by Judge Gladys Kessler on 12/19/16. (CL) (Entered: 12/19/2016)
982016-12-22 NOTICE of Intention to Proceed on Motion for Preliminary Injunction and of Mutually Agreeable Dates for a Hearing on the Motion by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC. re 96 Order on Motion to Dismiss/Lack of Jurisdiction,, (Cooper, Charles) (Entered: 12/22/2016)
992016-12-23 NOTICE of Appearance by Yonatan Gelblum on behalf of BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Gelblum, Yonatan) (Entered: 12/23/2016)
1002016-12-28 ORDER that the Parties shall appear for a hearing on the Motion for Preliminary Injunction on February 1, 2017, at 10:30 a.m. Signed by Judge Gladys Kessler on 12/28/16. (CL) (Entered: 12/28/2016)
1012017-01-09 MOTION for Summary Judgment on Counts IV, VIII and XII of the Second Amended Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Index, # 4 Exhibit A: Advance America 2007 10-K, # 5 Exhibit B: Advance America 2008 10-K, # 6 Exhibit C: Advance America 2009 10-K, # 7 Exhibit D: Advance America 2010 10-K, # 8 Exhibit E: Advance America 2011 10-K, # 9 Exhibit F: Grupo Elektra 2014 Annual Report, # 10 Exhibit G: Grupo Elektra 2015 Annual Report, # 11 Exhibit H: Grupo Elektra 4Q13 Quarterly Report, # 12 Exhibit I: Grupo Elektra 4Q14 Quarterly Report, # 13 Exhibit J: Grupo Elektra 4Q15 Quarterly Report, # 14 Exhibit K: Grupo Elektra 3Q16 Quarterly Report, # 15 Exhibit L: Internal Revenue Service Yearly Average Currency Exchange Rates, # 16 Exhibit M: Grupo Elektra Presentation (May 2016), # 17 Exhibit N: John Hecht, Presentation at CFSA Conference (2016), # 18 Exhibit O: FDIC FIL-5-2015, # 19 Exhibit P: FDIC FIL-41-2014, # 20 Exhibit Q: FDIC FIL-43-2013, # 21 Exhibit R: Testimony of Daniel P. Stipano, # 22 Text of Proposed Order)(Stevens, Duncan) (Entered: 01/09/2017)
1022017-01-11 MOTION to Amend/Correct 64 Amended Complaint, by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., CHECK INTO CASH, INC., NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC, RICHARD NAUMANN (Attachments: # 1 Proposed Third Amended Complaint, # 2 Text of Proposed Order)(Cooper, Charles) (Entered: 01/11/2017)
1032017-01-11 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHECK INTO CASH, INC. (Cooper, Charles) (Entered: 01/11/2017)
1042017-01-11 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC (Cooper, Charles) (Entered: 01/11/2017)
1052017-01-11 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NORTHSTATE CHECK EXCHANGE (Cooper, Charles) (Entered: 01/11/2017)
1062017-01-11 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PH FINANCIAL SERVICES, LLC (Cooper, Charles) (Entered: 01/11/2017)
1072017-01-11 MOTION for Preliminary Injunction by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC (Attachments: # 1 Memorandum in Support, # 2 Declaration of Richard Naumann, # 3 Declaration of William S. Lane, # 4 Declaration of Christopher Henn, # 5 Declaration of Glenn Bassett, # 6 Declaration of Robert K. Zeitler, Sr. (Supplemental), # 7 Expert Report of Charles W. Calomiris, # 8 Text of Proposed Order)(Cooper, Charles) (Entered: 01/11/2017)
1082017-01-13 MOTION for Briefing Schedule on Motion for Preliminary Injunction (DE 107) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Text of Proposed Order)(Gelblum, Yonatan) (Entered: 01/13/2017)
1092017-01-13 RESPONSE re 108 MOTION for Briefing Schedule on Motion for Preliminary Injunction (DE 107) filed by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC. (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 01/13/2017)
1102017-01-16 MOTION for Entry of Final Judgment pursuant to Rule 54(b) by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cooper, Charles) (Entered: 01/16/2017)
1112017-01-17 REPLY to opposition to motion re 108 MOTION for Briefing Schedule on Motion for Preliminary Injunction (DE 107) filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Gelblum, Yonatan) (Entered: 01/17/2017)
1122017-01-23 RESPONSE re 101 MOTION for Summary Judgment on Counts IV, VIII and XII of the Second Amended Complaint filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC.. (Attachments: # 1 Plaintiff Advance America's Statement of Material Facts and Response to Defendants' Statement of Undisputed Facts, # 2 Exhibit 1 - SR 96-14, # 3 Exhibit 2 - OCC Bull. No. 2001-47, # 4 Exhibit 3 - OCC Bull. No. 2013-29, # 5 Exhibit 4 - Community Bank Supervision, # 6 Exhibit 5 - Large Bank Supervision, # 7 Exhibit 6 - OCC Bull. No. 2015-48, # 8 Exhibit 7 - Third Declaration of Christian Rudolph, # 9 Text of Proposed Order)(Cooper, Charles) (Entered: 01/23/2017)
1132017-01-25 Memorandum in opposition to re 102 MOTION to Amend/Correct 64 Amended Complaint, filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Text of Proposed Order)(Stevens, Duncan) (Entered: 01/25/2017)
1142017-01-26 ORDER that the Motions Hearing set for February 1, 2017, is hereby converted to a Status Conference to discuss the most efficient sequence for resolving the pending Motions in this case. Signed by Judge Gladys Kessler on 1/26/17. (CL) (Entered: 01/26/2017)
1152017-01-26 AMENDED ORDER: The Motions Hearing set for February 1, 2017, is hereby converted to a Status Conference to discuss the most efficient sequence for resolving the pending Motions in this case. Signed by Judge Gladys Kessler on 1/26/17. (CL) (Entered: 01/26/2017)
1162017-01-30 REPLY to opposition to motion re 101 MOTION for Summary Judgment on Counts IV, VIII and XII of the Second Amended Complaint filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Statement of Facts, # 2 Exhibit A: Fifth Third Bank Deposit Agreement, # 3 Exhibit B: Excerpt from Umpqua Bank Treasury Management Services Terms and Conditions, # 4 Exhibit C: Synovus Bank Online Banking Agreement, # 5 Exhibit D: U.S. Bank Deposit Account Agreement, # 6 Exhibit E: FDIC FIL-34-2005)(Stevens, Duncan) (Entered: 01/30/2017)
1172017-01-30 Memorandum in opposition to re 110 MOTION for Entry of Final Judgment pursuant to Rule 54(b) filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Text of Proposed Order)(Stevens, Duncan) (Entered: 01/30/2017)
1182017-01-31 REPLY to opposition to motion re 102 MOTION to Amend/Correct 64 Amended Complaint, filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC. (Cooper, Charles) (Entered: 01/31/2017)
1192017-02-01 NOTICE of Appearance by Peter A. Patterson on behalf of ADVANCE AMERICA, CASH ADVANCE CENTERS, INC. (Patterson, Peter) (Entered: 02/01/2017)
1202017-02-03 ORDER granting 102 Plaintiffs' Motion for Leave to File Third Amended Complaint (see Order for details on corrections ordered by the Court); Defendants shall have until February 8, 2017, in which to file an Opposition to Plaintiffs' Motion for Preliminary Injunction and, if necessary, Plaintiffs will have until Monday, February 13, 2017, in which to file a Reply. Signed by Judge Gladys Kessler on 2/3/17. (CL) (Entered: 02/03/2017)
1212017-02-03 ENTERED IN ERROR. . . . .THIRD AMENDED COMPLAINT against BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY filed by RICHARD NAUMANN, ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., PH FINANCIAL SERVICES, LLC, CHECK INTO CASH, INC., NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, NCP FINANCE LIMITED PARTNERSHIP.(znmw) Modified Needs modifications pursuant to Order 120 on 2/6/2017 (td). (Entered: 02/06/2017)
1222017-02-06 REPLY to opposition to motion re 110 MOTION for Entry of Final Judgment pursuant to Rule 54(b) filed by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.. (Cooper, Charles) (Entered: 02/06/2017)
1232017-02-07 NOTICE of Filing of Third Amended Complaint by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC re 120 Order on Motion to Amend/Correct, (Attachments: # 1 Third Amended Complaint)(Cooper, Charles) (Entered: 02/07/2017)
1242017-02-07 THIRD AMENDED COMPLAINT (as modified re 123 Notice of Filing) against BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY filed by RICHARD NAUMANN, ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., PH FINANCIAL SERVICES, LLC, CHECK INTO CASH, INC., NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, NCP FINANCE LIMITED PARTNERSHIP.(znmw) (Entered: 02/08/2017)
1252017-02-08 Memorandum in opposition to re 107 MOTION for Preliminary Injunction filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Attachments: # 1 Exhibit A: Bhutta Article)(Stevens, Duncan) (Entered: 02/08/2017)
1262017-02-13 MOTION for Leave to File Supplemental Materials in Support of Motion for Preliminary Injunction by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC (Attachments: # 1 Third Declaration of Robert K. Zeitler, Sr., # 2 Second Declaration of William S. Lane, # 3 Sworn Expert Report of Charles W. Calomiris)(Cooper, Charles) (Entered: 02/13/2017)
1272017-02-13 REPLY to opposition to motion re 107 MOTION for Preliminary Injunction filed by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC. (Cooper, Charles) (Entered: 02/13/2017)
1282017-02-14 NOTICE of Proposed Order by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC re 126 MOTION for Leave to File Supplemental Materials in Support of Motion for Preliminary Injunction (Cooper, Charles) (Entered: 02/14/2017)
1292017-02-14 ORDER granting 126 Plaintiffs' Motion for Leave to File Supplemental Materials (see Order for details). Signed by Judge Gladys Kessler on 2/14/17. (CL) (Entered: 02/14/2017)
1302017-02-15 RESPONSE re 126 MOTION for Leave to File Supplemental Materials in Support of Motion for Preliminary Injunction filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Stevens, Duncan) (Entered: 02/15/2017)
1312017-02-21 Consent MOTION for Extension of Time to File Response to Third Amended Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, THOMAS J. CURRY, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THE COMPTROLLER OF THE CURRENCY (Attachments: # 1 Text of Proposed Order)(Stevens, Duncan) (Entered: 02/21/2017)
1322017-02-22 ORDER granting 131 Defendants' Consent Motion for Extension of Time; Defendants shall file their response to the Third Amended Complaint on or before March 10, 2017. Signed by Judge Gladys Kessler on 2/22/17. (CL) (Entered: 02/22/2017)
1332017-02-14 DECLARATION (Main document Second Declaration of William S. Lane) re 107 MOTION for Preliminary Injunction by CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC. (Attachments: # 1 Declaration 3rd Declaration of Robert K. Zeitler, Sr., # 2 Sworn Expert Report of Charles W. Calomiris)(td) (Entered: 02/22/2017)
1342017-02-23 UN-SEALED MEMORANDUM OPINION (This document is SEALED and only available to authorized persons.) Signed by Judge Gladys Kessler on 2/23/2017. (ztth) Modified on 2/28/2017 to unseal pursuant to 137 order filed on 02/27/2017 (jf). (Entered: 02/23/2017)
1352017-02-23 UN-SEALED ORDER (This document is SEALED and only available to authorized persons.) Signed by Judge Gladys Kessler on 2/23/2017. (ztth) Modified on 2/28/2017 to unseal pursuant to 137 order filed on 02/27/2017 (Entered: 02/23/2017)
1362017-02-24 Joint MOTION to Unseal Document 134 Sealed Memorandum Opinion, 135 Sealed Order by ADVANCE AMERICA, CASH ADVANCE CENTERS, INC., CHECK INTO CASH, INC., RICHARD NAUMANN, NCP FINANCE LIMITED PARTNERSHIP, NCP FINANCE OHIO, LLC, NORTHSTATE CHECK EXCHANGE, PH FINANCIAL SERVICES, LLC (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 02/24/2017)
1372017-02-27 ORDER granting 136 Joint Motion to Unseal Documents; the Court's Sealed Memorandum Opinion at Docket #134, and the Court's Sealed Order at Docket #135 are hereby UNSEALED. Signed by Judge Gladys Kessler on 2/27/17. (CL) (Entered: 02/27/2017)