Consumer Financial Protection Bureau et al v. RD Legal Funding LLC et al
Plaintiff: Consumer Financial Protection Bureau and People of the State of New York
Defendant: RD Legal Funding LLC, RD Legal Funding Partners, LP, RD Legal Finance, LLC and Roni Dersovitz
Case Number: 1:2017cv00890
Filed: February 7, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Loretta A. Preska
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
May 9, 2022 Opinion or Order Filing 177 ORDER: However, the Court concludes that some of the communications do not fall within the protection of the work product privilege because they merely involve scheduling and logistics. See, e.g., Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No. 14 CV 00006, 2018 WL 739870, at *4 (N.D. Ind. Feb. 6, 2018) ("Another category of documents outside the scope of the work-product doctrine are communications dealing with merely administrative, logistical, or scheduling matters") . Hence, the following documents should be produced in whole or in part: CFPB-COURT0000001 CFPB-COURT0000041 (unredact top; maintain redaction at bottom) CFPB-COURT0000082 CFPB-COURT0000083 CFPB-COURT0000084 CFPB-COURT0000087 (unredact top; maintain redaction at bottom) SO ORDERED. (Signed by Judge Loretta A. Preska on 5/9/2022) (ks)
March 16, 2022 Opinion or Order Filing 169 OPINION AND ORDER re: 132 MOTION to Dismiss . filed by RD Legal Funding Partners, LP, RD Legal Funding LLC, RD Legal Finance, LLC, Roni Dersovitz. In its June 21, 2018 opinion and order, the Court concluded that "the CFP B lacks authority to bring this enforcement action because its composition violates the Constitution's separation of powers, and thus the CFPB's claims are dismissed." RD Legal I, 332 F. Supp. 3d at 785 (cleaned up). The Supreme Court has since held that a properly appointed agency head does not lack the authority to undertake the responsibilities of his office simply because of an unconstitutional removal restriction. That decision is binding here. Because the CFPB possessed the authority to bring this enforcement action, and because the decision to bring this enforcement action was unaffected by the unconstitutional removal restriction then in effect, the motion to dismiss is DENIED and the CFPB's claims against Defendants may proceed. Counsel shall confer and inform the Court by letter no later than March 30, 2022, how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/16/2022) (kv)
February 23, 2022 Opinion or Order Filing 168 ORDER: The Court is in receipt of the parties' letters relating to computation of damages and production of privileged documents (dkt. nos. 164 , 166 and 167 ). Pursuant to Section 26(a) (1) (A) (iii), the CFPB shall provide computati ons of all of the damages claimed. These are initial disclosures and may not await full discovery. The CFPB shall produce for in camera inspection the work product documents referred to in the letters. Counsel shall confer to accomplish the above promptly. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/23/2022) (va)
April 12, 2021 Opinion or Order Filing 141 ORDER: The conference set for April 13, 2021 at 9:30 a.m. (dkt. no. 140) is adjourned sine die. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/12/2021) (va)
April 5, 2021 Opinion or Order Filing 140 ORDER re: 137 Rule 26(f) Discovery Plan Report filed by People of the State of New York. The Court is in receipt of the parties' Rule 26(f) Report (dkt. no. 137). Counsel for the parties shall appear for a teleconference to address th eir discovery plan on April 13, 2021 at 9:30 a.m. The dial-in information for the conference is: 877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 4/13/2021 at 09:30 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 4/5/2021) (va)
March 17, 2021 Opinion or Order Filing 135 ORDER OF SUBSTITUTION AND AMENDMENT OF THE CAPTION: Accordingly, under Federal Rule of Civil Procedure 25(d), the Court hereby ORDERS that Letitia James shall be substituted for Eric T. Schneiderman in this action and the caption shall be amended to read as follows: (As further set forth herein.) SO ORDERED. (Signed by Judge Loretta A. Preska on 3/17/2021) (va)
February 19, 2021 Opinion or Order Filing 125 ORDER: Counsel shall appear for a teleconference on February 25, 2021 at 9:00 a.m. EST. The dial-in information for the conference is: (877) 402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 2/25/2021 at 09:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 2/19/2021) (va)
February 10, 2021 Opinion or Order Filing 120 ORDER: Counsel shall confer and inform the Court by letter no later than February 18, 2021 how they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/10/2021) (va)
June 21, 2018 Opinion or Order Filing 80 OPINION & ORDER re: 39 MOTION to Dismiss: For the foregoing reasons, Defendants' motion (ECF No. 39) is DENIED. Because Plaintiff Consumer Financial Protection Bureau is unconstitutionally structured and lacks authority to bring claims un der the CFPA, the Clerk of Court shall terminate Plaintiff Consumer Financial Protection Bureau as a party to this action. Counsel shall confer and inform the Court by letter no later than July 9 how they propose to proceed. (Consumer Financial Protection Bureau terminated.) (Signed by Judge Loretta A. Preska on 6/21/2018) (jwh)
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Search for this case: Consumer Financial Protection Bureau et al v. RD Legal Funding LLC et al
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Plaintiff: Consumer Financial Protection Bureau
Represented By: Benjamin Zachary Konop
Represented By: Hai Binh Thi Nguyen
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Plaintiff: People of the State of New York
Represented By: Jane M. Azia
Represented By: Melvin L. Goldberg
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Defendant: RD Legal Funding LLC
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Defendant: RD Legal Funding Partners, LP
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Defendant: RD Legal Finance, LLC
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Defendant: Roni Dersovitz
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