Consumer Financial Protection Bureau v. 1st Alliance Lending, LLC et al
| Consumer Financial Protection Bureau |
| 1st Alliance Lending, LLC, John Diiorio, Kevin St. Lawrence and Socrates Aramburu |
| Kevin Cuff |
| 3:2022mc00100 |
| December 15, 2022 |
| US District Court for the District of Connecticut |
| Robert N Chatigny |
| Sarala V Nagala |
| Robert A Richardson |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE of Appearance by Ross H. Garber on behalf of 1st Alliance Lending, LLC, Socrates Aramburu (Garber, Ross) |
| Filing 25 Memorandum in Opposition re #21 MOTION to Quash DEPOSITION SUBPOENA AND FOR PROTECTIVE ORDER filed by 1st Alliance Lending, LLC. (Attachments: #1 Affidavit Exhibit A - Blackwood Decl, #2 Affidavit Exhibit B - DiIorio Decl)(Garber, Ross) |
| Filing 24 CASE REFERRED to Magistrate Judge Robert A. Richardson. Motions referred to Robert A. Richardson #21 MOTION to Quash DEPOSITION SUBPOENA AND FOR PROTECTIVE ORDER by Kevin Cuff(Samson, Jessalyn) |
| Magistrate Judge Robert A. Richardson added. (Rynne, Michelle) |
| Filing 23 AFFIDAVIT re #21 MOTION to Quash DEPOSITION SUBPOENA AND FOR PROTECTIVE ORDER, #22 Memorandum in Support of Motion, AFFIDAVIT AND UNITED STATES DISTRICT COURT, DISTRICT OF CONNECTICUT LOCAL RULE 37(a) CERTIFICATION OF WILLIAM E. GILDEA Signed By William E. Gildea filed by Kevin Cuff. (Trifon, Tara) |
| Filing 22 Memorandum in Support re #21 MOTION to Quash DEPOSITION SUBPOENA AND FOR PROTECTIVE ORDER filed by Kevin Cuff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Trifon, Tara) |
| Filing 21 MOTION to Quash DEPOSITION SUBPOENA AND FOR PROTECTIVE ORDER by Kevin Cuff.Responses due by 1/12/2023 (Trifon, Tara) |
Filing 20
ORDER OF TRANSFER. Case reassigned to Judge Robert N. Chatigny for all further proceedings. Signed by Judge Sarala V. Nagala on 12/16/2022.(Bozek, M.)
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| Docket Entry Correction re #17 Standing Protective Order and #16 Order on Pretrial Deadlines. Entries entered in error. (Bozek, M.) |
| Filing 19 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 12/15/2022. (Mendez, D) |
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Filing 18
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 12/15/2022. (Mendez, D)
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Filing 17
ENTERED IN ERROR ** STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 12/15/2022. (Mendez, D) Modified on 12/16/2022 to enter error. (Mendez, D).
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| Filing 16 ENTERED IN ERROR ** Order on Pretrial Deadlines: Amended Pleadings due by 2/13/2023. Discovery due by 6/16/2023. Dispositive Motions due by 7/21/2023. Signed by Clerk on 12/15/2022. (Mendez, D) Modified on 12/16/2022 to enter error. (Mendez, D). |
| Filing 15 Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 12/15/2022. (Mendez, D) |
| Filing 14 Case electronically transferred in from District of Massachusetts; Case Number 1:22-mc-91581. |
| Filing 13 Case transferred to to District of Connecticut;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (Currie, Haley) |
| Filing 12 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #9 Motion to Transfer Case. Having considered Defendant 1st Alliance Lending LLC's motion to transfer this motion to quash matter filed by a third party, Kevin Cuff, D. 9-10, and the opposition to same, D. 11, the Court ALLOWS the motion. Under Fed. R. Civ. P. 45(f), a Court in its discretion may transfer such motion to the issuing court "if the court finds exceptional circumstances." The burden of making such showing is on the proponent of the transfer (1st Alliance) and although it is "not assumed" that the issuing court is in a better position to decide such matters, "transfer may be warranted in order to avoid disrupting the issuing courts management of the litigation and where the court has ruled on issues presented or likely to arise." MAO-MSP Recovery II LLC v. Mercury Gen'l Corp., No. 19-mc-91176, 2020 WL 5732332, at *2-3 (D. Mass. Sept. 24, 2020) (quoting Fed. R. Civ. P. 45 Advisory Committee's note to 2013 amendment). Movant Kevin Cuff contends that 1st Alliance has not met its burden of showing why such transfer is warranted because the familiarity of the presiding judge (Richardson, M.J.) with the case, his adjudication of similar issues and the complexity of the case do not constitute "exceptional circumstances." D. 11 at 1. The Court disagrees given the additional circumstances framed by the movant's motion to quash. The movant relies not only on the presiding judge's prior denial of 1st Alliance's motion to compel discovery from a similar non-party, the Connecticut Department of Banking, but further argues that the defendants "now disregard the law of the case and seek to instead obtain deposition testimony from a different state's department of banking." D. 2 at 2. Given the nature of the motion, the recent motion that the presiding judge has decided involving another state department of banking and that judge's unique position to decide what the scope of "the law of the case" is about this motion. Lastly, these considerations outweigh the movant's interest in having local resolution of this dispute, Mercury Gen'l Corp., 2020 WL 5732332, at *3, particularly when the presiding judge has conducted much of the discovery matters with counsel by telephonic means. D. 10 at 7. Accordingly, the motion for transfer is ALLOWED. (Hourihan, Lisa) |
| Filing 11 Opposition re #9 MOTION to Transfer Case to United States District Court for the District of Connecticut. filed by Kevin Cuff. (Attachments: #1 Exhibit Exhibit A)(Gildea, William) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Transfer Case to United States District Court for the District of Connecticut. filed by 1st Alliance Lending, LLC. (Currie, Haley) |
| Filing 9 MOTION to Transfer Case to United States District Court for the District of Connecticut. by 1st Alliance Lending, LLC. (Attachments: # 1 Memorandum in support, #2 Affidavit of Jeffrey Blackwood)(Jean-Louis, Jasmine) Modified on 11/28/2022: Memorandum in Support removed from this entry and refiled. Please see #10 for correct filing. (Currie, Haley). |
| Filing 8 MEMORANDUM in Opposition re #1 MOTION to Quash Deposition Subpoena and for Protective Order Filing fee: $ 49, receipt number AMADC-9581667 (Fee Status: Filing Fee paid) filed by 1st Alliance Lending, LLC. (Attachments: #1 Affidavit of Jeffrey Blackwood, #2 Affidavit of John DiIorio)(Jean-Louis, Jasmine) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Allison M. Scoggin Filing fee: $ 100, receipt number AMADC-9599209 by 1st Alliance Lending, LLC. (Attachments: #1 Allison Scoggin)(Jean-Louis, Jasmine) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey P. Blackwood Filing fee: $ 100, receipt number AMADC-9599196 by 1st Alliance Lending, LLC. (Attachments: #1 Affidavit of Jeffrey Blackwood)(Jean-Louis, Jasmine) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Y. Kieval Filing fee: $ 100, receipt number AMADC-9599173 by 1st Alliance Lending, LLC. (Attachments: #1 Affidavit Declaration of Michael Kieval)(Jean-Louis, Jasmine) |
| Filing 4 NOTICE of Appearance by Jasmine Jean-Louis on behalf of 1st Alliance Lending, LLC (Jean-Louis, Jasmine) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. (Danieli, Chris) |
| Filing 2 MEMORANDUM in Support re #1 MOTION to Quash Deposition Subpoena and for Protective Order Filing fee: $ 49, receipt number AMADC-9581667 (Fee Status: Filing Fee paid) filed by Kevin Cuff, in his capacity as Deputy Commissioner of the Massachusetts Division of Banks. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Gildea, William) |
| Filing 1 MOTION to Quash Deposition Subpoena and for Protective Order Filing fee: $ 49, receipt number AMADC-9581667 (Fee Status: Filing Fee paid) Responses due by 11/23/2022 (Gildea, William) |
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