Texas Bankers Association v. CFPB
| Texas Bankers Association, Rio Bank, McAllen, Texas, Independent Bankers Association of Texas, American Bankers Association, Independent Community Bankers of America and Texas First Bank |
| Consumer Financial Protection Bureau and Rohit Chopra, in his official capacity as Director of the Consumer Financial Protection Bureau |
| Farm Credit Council, XL Funding, L.L.C., Equipment Leasing and Finance Association, Texas Farm Credit, Capital Farm Credit, Rally Credit Union, Credit Union National Association and Cornerstone Credit Union League |
| 24-40705 |
| October 25, 2024 |
| U.S. Court of Appeals, Fifth Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 Texas Bankers Association v. CFPB
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Docket Report
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This docket was last retrieved on December 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 Paper copies of Record Excerpts filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [24-40705] (KMP) [Entered: 12/06/2024 12:17 PM] |
| Filing 56 Paper copies of Appellant Brief filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [24-40705] (KMP) [Entered: 12/06/2024 12:17 PM] |
| Filing 55 RECORD EXCERPTS FILED by Appellants Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. # of Copies Provided: 0 Record Excerpts deadline satisfied. Paper Copies of Record Excerpts due on 12/09/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants American Bankers Association, Rio Bank and Texas Bankers Association. Date of service: 12/03/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 12/03/2024 04:30 PM] |
| Filing 54 APPELLANT'S BRIEF FILED by Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Record Excerpts due on 12/17/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. Paper Copies of Brief due on 12/09/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by American Bankers Association, Rio Bank and Texas Bankers Association. Date of service: 12/03/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 12/03/2024 04:28 PM] |
| Filing 53 APPEARANCE FORM FILED by Attorney Sarah Johnson Auchterlonie for Appellant Cornerstone Credit Union League in 24-40705, Attorney Sarah Johnson Auchterlonie for Appellant Credit Union National Association in 24-40705, Attorney Sarah Johnson Auchterlonie for Appellant Rally Credit Union in 24-40705 [24-40705] (SH) [Entered: 11/21/2024 04:09 PM] |
| Filing 52 APPEARANCE FORM FILED by Attorney Owen Colin Babcock for Appellant Equipment Leasing and Finance Association in 24-40705, Attorney Owen Colin Babcock for Appellant XL Funding, L.L.C. in 24-40705 [24-40705] (SH) [Entered: 11/20/2024 04:09 PM] |
| Filing 51 APPEARANCE FORM received from Mr. Owen Colin Babcock for Equipment Leasing and Finance Association and XL Funding, L.L.C. for the court's review. Lead Counsel? Yes. [24-40705] (Owen Colin Babcock ) [Entered: 11/20/2024 06:34 AM] |
| Filing 50 APPEARANCE FORM received from Ms. Sarah Johnson Auchterlonie, Esq. for Cornerstone Credit Union League, Credit Union National Association and Rally Credit Union for the court's review. Lead Counsel? Yes. [24-40705] (Sarah Johnson Auchterlonie ) [Entered: 11/19/2024 08:19 PM] |
| Filing 48 REPLY filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [48] to the Motion for stay pending appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association in 24-40705 [ # 9 ]. Date of Service: 11/19/2024. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants American Bankers Association, Rio Bank and Texas Bankers Association [48] to the Response/Opposition filed by Appellees CFPB and Mr. Rohit Chopra [ # 45 ]. Date of Service: 11/19/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl. [24-40705] (Robert Mark Loeb ) [Entered: 11/19/2024 02:06 PM] |
| Filing 46 EXHIBITS IN SUPPORT of Response/Opposition [ # 45 ] Date of Service: 11/12/2024 [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: ADDENDUM TO BRIEF FILED by Appellees CFPB and Mr. Rohit Chopra Date of Service: 11/12/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Kevin E. Friedl ) [Entered: 11/12/2024 08:23 PM] |
| Filing 45 RESPONSE/OPPOSITION filed by CFPB and Mr. Rohit Chopra [45] to the Motion for stay pending appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [ # 9 ], Motion to stay order filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [ # 9 ], Motion to expedite appeal filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [ # 9 ] Date of Service: 11/12/2024 via email - Attorney for Appellants: Auchterlonie, Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl. [24-40705] (Kevin E. Friedl ) [Entered: 11/12/2024 07:56 PM] |
| Filing 44 STATEMENT OF ISSUES FILED by Appellants American Bankers Association, Texas Bankers Association, Rio Bank, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C.. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: STATEMENT OF ISSUES FILED by Appellants American Bankers Association, Texas Bankers Association and Rio Bank. Date of Service: 11/06/2024 via US mail - Attorney for Appellant: Auchterlonie; email - Attorney for Appellants: Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 11/06/2024 06:46 PM] |
| Filing 41 CASE CALENDARED for oral argument on Monday, 02/03/2025 at 2:00 P.M. in the East Courtroom, Room 223, of the Wisdom Courthouse in New Orleans. Courtroom Deputy: Shirley Engelhardt [24-40705] (KMP) [Entered: 10/31/2024 03:10 PM] |
| Filing 39 BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 12/03/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. Appellee's Brief due on 01/06/2025 for Appellees Rohit Chopra and Consumer Financial Protection Bureau.. Reply Brief due on 01/16/2025 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (RLL) [Entered: 10/31/2024 02:41 PM] |
| Filing 38 COURT ORDER: IT IS ORDERED that the motion for a temporary administrative stay is DENIED. The motion for a stay pending appeal remains pending. This merits panel sets the following expedited briefing schedule: The appellants' opening brief is due December 3, 2024. The appellees' brief is due January 6, 2025. The appellants' reply brief is due January 16, 2025. Oral argument will be heard February 3, 2025, at 2:00 p.m., 30 minutes per side. [ # 9 ] [24-40705] (RLL) [Entered: 10/31/2024 02:27 PM] |
| Filing 37 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [24-40705] (RLL) [Entered: 10/31/2024 02:18 PM] |
| Filing 36 APPEARANCE FORM FILED by Attorney John Clay Sullivan for Appellant American Bankers Association in 24-40705, Attorney John Clay Sullivan for Appellant Rio Bank in 24-40705, Attorney John Clay Sullivan for Appellant Texas Bankers Association in 24-40705. [24-40705] (RLL) [Entered: 10/31/2024 01:22 PM] |
| Filing 35 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 7:23-CV-144. Electronic ROA due on 11/15/2024. [24-40705] (RLL) [Entered: 10/31/2024 01:08 PM] |
| Filing 33 TRANSCRIPT ORDER received advising transcript unnecessary for appeal purposes. Transcript Order ddl satisfied. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants American Bankers Association, Rio Bank and Texas Bankers Association advising transcript unnecessary for appeal purposes. Date of Service: 10/31/2024 via US mail - Attorney for Appellant: Auchterlonie; email - Attorney for Appellants: Babcock, Bowen, Lin, Loeb, Peterson, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (John Clay Sullivan ) [Entered: 10/31/2024 12:16 PM] |
| Filing 32 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40705] (John Clay Sullivan ) [Entered: 10/31/2024 12:09 PM] |
| Filing 30 APPEARANCE FORM FILED by Attorney(s) Erica Nicole Peterson for party(s) Appellant Texas First Bank Appellant Independent Community Bankers of America Appellant Independent Bankers Association of Texas, in case 24-40705 [24-40705] (SH) [Entered: 10/31/2024 10:58 AM] |
| Filing 29 APPEARANCE FORM FILED by Attorney(s) Elbert Lin for party(s) Appellant Texas First Bank Appellant Independent Community Bankers of America Appellant Independent Bankers Association of Texas, in case 24-40705 [24-40705] (SH) [Entered: 10/31/2024 10:55 AM] |
| Filing 28 APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40705] (Erica Nicole Peterson ) [Entered: 10/31/2024 10:35 AM] |
| Filing 27 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Elbert Lin ) [Entered: 10/31/2024 10:32 AM] |
| Filing 25 COURT ORDER carrying with the case Motion for stay pending appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [ # 9 ]; carrying with the case Motion to stay order filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association [ # 9 ]; granting Motion to expedite appeal filed by Appellants Texas Bankers Association, Independent Bankers Association of Texas, American Bankers Association, Credit Union National Association, Independent Community Bankers of America, Rio Bank, Texas First Bank, Texas Farm Credit, Farm Credit Council, Capital Farm Credit, Rally Credit Union, Cornerstone Credit Union League, XL Funding, L.L.C. and Equipment Leasing and Finance Association. [ # 9 ] [24-40705] (RLL) [Entered: 10/31/2024 08:44 AM] |
| Filing 21 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [21] Initial AA Check Due satisfied. Transcript order due on 11/14/2024 for Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (RLL) [Entered: 10/30/2024 04:51 PM] |
| Filing 19 APPEARANCE FORM FILED by Attorney(s) Robert Mark Loeb for party(s) Appellant Rio Bank Appellant American Bankers Association Appellant Texas Bankers Association, in case 24-40705 [24-40705] (TST) [Entered: 10/30/2024 04:46 PM] |
| Filing 17 LETTER OF ADVISEMENT. Reason: advising of after hours filing procedures [24-40705] (RLL) [Entered: 10/30/2024 03:17 PM] |
| Filing 13 EXHIBITS IN SUPPORT of Motion for stay pending appeal [ # 9 ], Motion to stay order [ # 9 ], Motion to expedite appeal [ # 9 ] filed by Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. Date of Service: 10/30/2024 [24-40705] (RLL) [Entered: 10/30/2024 02:54 PM] |
| Filing 12 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the exhibits in support of brief received from Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. because document was incorrectly filed as addendum to brief; clerk will correctly file as exhibits in support of motion for stay pending appeal. [24-40705] (RLL) [Entered: 10/30/2024 02:53 PM] |
| Filing 9 OPPOSED MOTION filed by Appellants Rio Bank, Texas Bankers Association, American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. for stay pending appeal. [9] Ruling is requested ASAP but no later than 11/12/2024, to stay order [9], to expedite the appeal [9]. Date of service: 10/30/2024. [24-40705] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Rio Bank and Texas Bankers Association for stay pending appeal [9] Ruling is requested by: 11/12/2024. Date of service: 10/30/2024 via US mail - Attorney for Appellants: Auchterlonie, Babcock; email - Attorney for Appellants: Bowen, Loeb, Sullivan, Tseytlin; Attorney for Appellee: Friedl [24-40705] (Robert Mark Loeb ) [Entered: 10/30/2024 01:58 PM] |
| Filing 7 CASE CAPTION updated. Party information modified for Rally Credit Union, Credit Union National Association and Cornerstone Credit Union League in 24-40705. Update: The District Court docket incorrectly listed the parties as Movants. The lower part type has been corrected to designate the parties as Intervenors. [24-40705] (DLJ) [Entered: 10/30/2024 10:08 AM] |
| Filing 4 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40705] (Robert Mark Loeb ) [Entered: 10/27/2024 12:46 PM] |
| Filing 1 US CIVIL CASE docketed. NOA filed by Appellants American Bankers Association, Capital Farm Credit, Cornerstone Credit Union League, Credit Union National Association, Equipment Leasing and Finance Association, Farm Credit Council, Independent Bankers Association of Texas, Independent Community Bankers of America, Rally Credit Union, Rio Bank, Texas Bankers Association, Texas Farm Credit, Texas First Bank and XL Funding, L.L.C. [24-40705] (DLJ) [Entered: 10/25/2024 12:51 PM] |
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