Consumer Financial Protection Bureau v. OLP.com Inc
| Consumer Financial Protection Bureau |
| Olp.Com Inc |
| John C. Heath |
| 2:2020cv00643 |
| October 29, 2020 |
| US District Court for the District of Utah |
| Bruce S Jenkins |
| Other Statutory Actions |
| 12 U.S.C. § 5531 |
| None |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion for Extension of Time to 11/20/2020. Excepts as modified herein, the terms of the Order remain in effect. Signed by Judge Bruce S. Jenkins on 11/16/2020. (kpf)
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| Filing 37 MOTION for Extension of Time to Comply with Production of Documents and Information as Required by Order on CFPB's Motion to Compel and Memorandum in Support filed by Defendant Olp.Com Inc. (Healy, David) |
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Filing 36
ORDER Granting in part and Denying in Part re #1 Plaintiff's Motion to Compel filed by Consumer Financial Protection Bureau. Signed by Judge Bruce S. Jenkins on 11/12/2020. (kpf)
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Filing 35
ORDER: Regarding OLP. Com, Inc Productions of Responsive phone call Recordings: denying #17 Motion for Subpoena; denying #19 Motion for Subpoena. Signed by Judge Bruce S. Jenkins on 11/12/2020. (kpf)
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| Filing 33 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/29/2020 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Ed Young, Telephone number (801)328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/25/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/2/2021. (kpf) |
| Filing 32 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/29/2020 re #1 filed by Consumer Financial Protection Bureau, #17 MOTION to Modify Subpoena and Memorandum in Support filed by Olp.Com Inc, #13 MOTION to Strike #1 and Memorandum in Support and, More Particularly, for an Order Striking the Bureaus Subpoena Enforcement Motion Because of Its Excessive Length or, Alternatively, Providing for a Briefing Schedule filed by Olp.Com Inc, #8 MOTION for Extension of Time filed by Olp.Com Inc. Approved minute entry to follow pending Judge Jenkins' approval. Attorney for Plaintiff: Jonathan H. Reischl, Maureen McOwen, Tracy L. Hilmer, Alicia Ferrer, Attorney for Defendant: David P. Healy-Olp.Com, William Herrington, Kyle Cayman - John C. Heath PC. Court Reporter: Ed Young.(kpf) |
| Filing 31 *SEALED DOCUMENT* SEALED MOTION REPLY and Memorandum in Support filed by Movant John C. Heath. (Attachments: #1 Exhibit 1 - PGX0000866, #2 Exhibit 2 - PGX0028528)(Porter, Karra) Modified event on 10/29/2020 (kpf). |
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Filing 30
ORDER granting #28 Motion for Leave to File Sealed Document. Signed by Judge Bruce S. Jenkins on 10/29/2020. (kpf)
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| Filing 29 REPLY to Response to Motion re #19 MOTION to Modify Subpoena and Memorandum in Support filed by Movant John C. Heath. (Attachments: #1 Exhibit 1 - Slipsheet for Sealed Exhibit 1, #2 Exhibit 2 - Slipsheet for Sealed Exhibit 2)(Porter, Karra) |
| Filing 28 MOTION for Leave to File Sealed Document filed by Movant John C. Heath. (Attachments: #1 Text of Proposed Order)(Porter, Karra) |
| Filing 27 RESPONSE to Motion re #26 MOTION for Leave to File Overlength, Omnibus Response to Pending Motions and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Attachments: #1 Ex. 1)(Reischl, Jonathan) |
| Filing 26 MOTION for Leave to File Overlength, Omnibus Response to Pending Motions and Memorandum in Support filed by Defendant Olp.Com Inc. (Attachments: #1 Exhibit Proposed Omnibus Response, #2 Exhibit Declaration of David Marder)(Healy, David) |
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Filing 25
ORDER granting #23 Motion for Leave to File Sealed Document. Signed by Judge Bruce S. Jenkins on 10/15/2020. (kpf)
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| Filing 24 **SEALED DOCUMENT** re #22 Response to Motion, filed by Plaintiff Consumer Financial Protection BureauNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Ex. 3, #2 Ex. 4, #3 Ex. 5, #4 Ex. 6, #5 Ex. 7)(Reischl, Jonathan) |
| Filing 23 MOTION for Leave to File Sealed Document re #22 Response to Motion, filed by Plaintiff Consumer Financial Protection Bureau. (Attachments: #1 Proposed Order)(Reischl, Jonathan) |
| Filing 22 Redacted RESPONSE to Motion re #19 MOTION to Modify Subpoena and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Attachments: #1 Ex. 1, #2 Ex. 2 - Redacted, #3 Ex. 3 - Redacted, #4 Ex. 4 - Redacted, #5 Ex. 5 - Redacted, #6 Ex. 6 - Redacted, #7 Ex. 7 - Redacted, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10)(Reischl, Jonathan) |
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Filing 21
ORDER granting #20 Motion for Leave to File. Bureau of Consumer Financial Protection may file a response that doe snot exceed 1500 words exclusive of caption and signature block. Signed by Judge Bruce S. Jenkins on 10/14/2020. (kpf)
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| Filing 20 Plaintiff's MOTION for Leave to File Overlength Response and Memorandum in Support filed by Plaintiff Consumer Financial Protection Bureau. (Attachments: #1 Text of Proposed Order)(Hilmer, Tracy) |
| Filing 19 MOTION to Modify Subpoena and Memorandum in Support filed by Movant John C. Heath. (Attachments: #1 Affidavit of Kyle Tayman) Attorney Karra J. Porter added to party John C. Heath(pty:mov)(Porter, Karra) |
| Filing 18 NOTICE OF TELEPHONIC HEARING ON MOTION re: #17 MOTION to Modify Subpoena : Motion Hearing set for 10/29/2020 at 10:00 AM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 1029201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 17 MOTION to Modify Subpoena and Memorandum in Support filed by Defendant Olp.Com Inc. (Attachments: #1 Affidavit of W. Kyle Tayman) Attorney Karra J. Porter added to party Olp.Com Inc(pty:dft)(Porter, Karra) |
| Filing 15 NOTICE OF TELEPHONIC HEARING ON MOTIONS re: #1 MOTION to Compel, #8 MOTION for Extension of Time, and #13 MOTION to Strike: Motion Hearing set for 10/29/2020 at 10:00 AM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 1029201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) |
| Filing 14 Plaintiff's RESPONSE to Motion re #13 MOTION to Strike #1 and Memorandum in Support and, More Particularly, for an Order Striking the Bureaus Subpoena Enforcement Motion Because of Its Excessive Length or, Alternatively, Providing for a Briefing Schedule filed by Plaintiff Consumer Financial Protection Bureau. (Attachments: #1 Exhibit Ex. 1 - Consumer Complaint)(Reischl, Jonathan) |
| Filing 13 MOTION to Strike #1 and Memorandum in Support and, More Particularly, for an Order Striking the Bureaus Subpoena Enforcement Motion Because of Its Excessive Length or, Alternatively, Providing for a Briefing Schedule filed by Defendant Olp.Com Inc. (Healy, David) |
| Filing 12 NOTICE of Appearance by David P. Healy on behalf of Olp.Com Inc (Healy, David) |
| Filing 11 Case transferred in from USDC of Florida Northern; Case Number 4:20-mc-00006. Original file, certified copy of transfer order and docket sheet received. Assigned to Judge Bruce S. Jenkins. |
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Filing 10
ORDER. Ruling on the motion to compel, ECF No. #1 , is DEFERRED. Defendants request to transfer the motion to compel, ECF No. #1 , to the United States District Court for the District of Utah, is GRANTED. The Clerk of Court shall take all necessary steps to transfer this case to the District of Utah. re #1 Petition for Miscellaneous Relief,, filed by CONSUMER FINANCIAL PROTECTION BUREAU. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/14/2020. (rcb) [Transferred from Florida Northern on 9/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #9 Response in Opposition to Motion,. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 9 BUREAU OF CONSUMER FINANCIAL PROTECTION'S MEMORANDUM IN OPPOSITION TO OLP.COMS REQUEST TO TRANSFER AND MOTION TO EXTEND TIME TO RESPOND (Attachments: #1 Exhibit Ex. 1 Emails Between Bureau Counsel and OLP Counsel) (REISCHL, JONATHAN) Modified to edit title on 9/13/2020 (rcb). [Transferred from Florida Northern on 9/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 OLP.com, Inc.s Initial Response to Motion to Compel Production,Consent to Transfer, and Alternative Motion to Extend Time to Respond Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 8 OLP.com, Inc.'s Initial Response to Motion to Compel Production, Consent to Transfer, and Alternative Motion to Extend Time to Respond (Attachments: #1 Exhibit A Declaration of Kyle Brownell, #2 Exhibit B Counsel Emails) (HEALY, DAVID) Modified to edit title on 9/10/2020 (rcb). Modified on 9/11/2020 to indicate this filing contains a motion. (cle). [Transferred from Florida Northern on 9/15/2020.] |
| Filing 7 CERTIFICATE OF SERVICE by CONSUMER FINANCIAL PROTECTION BUREAU re #2 Notice of Appearance (REISCHL, JONATHAN) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 6 CERTIFICATE OF SERVICE by CONSUMER FINANCIAL PROTECTION BUREAU re #1 Petition for Miscellaneous Relief,, (REISCHL, JONATHAN) [Transferred from Florida Northern on 9/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 Certificate of Service, #7 Certificate of Service. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from Florida Northern on 9/15/2020.] |
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Filing 5
ORDER. The Clerk of Court shall take whatever steps are necessary to ensure this Order is provided to counsel for the Defendant. See ECF No. #1 -3. Defendant has until 9/9/2020), to file a response to the motion to compel, ECF No. #1 . The Clerk of Court shall return this file upon receipt of Defendant's response or no later than 9/9/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/26/2020. (rcb) **ECF #6 forwarded as directed (Retrieved attorney information from ECF #1 -7 page 1 of 10)** Modified on 8/26/2020 (rcb). [Transferred from Florida Northern on 9/15/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #4 Notice of Appearance of Counsel. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 4 NOTICE of Appearance by TRACY L HILMER on behalf of CONSUMER FINANCIAL PROTECTION BUREAU (HILMER, TRACY) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 3 NOTICE of Appearance by MAUREEN E MCOWEN on behalf of CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: #1 Certificate of Service) (MCOWEN, MAUREEN) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 2 NOTICE of Appearance by JONATHAN H REISCHL on behalf of CONSUMER FINANCIAL PROTECTION BUREAU (REISCHL, JONATHAN) [Transferred from Florida Northern on 9/15/2020.] |
| Filing 1 (MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INCORPORATED MEMORANDUM OF LAW) PETITION for Order to Compel Production of Documents , filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: #1 Exhibit Ex. 1 Complaint, #2 Exhibit Ex. 2 Subpoena, #3 Exhibit Ex. 3 Feb Letter OLP, #4 Exhibit Ex. 4 Feb Emails, #5 Exhibit Ex. 5 Jul Letter OLP, #6 Exhibit Ex. 6 Jul Letter BCFP, #7 Exhibit Ex. 7 Jul Email OLP, #8 Exhibit Ex. 8 Utah Order 1, #9 Exhibit Ex. 9 Utah Order 2, #10 Exhibit Ex. 10 Joint Status Report, #11 Text of Proposed Order Proposed Order) (REISCHL, JONATHAN) Modified to edit title on 8/26/2020 (rcb). [Transferred from Florida Northern on 9/15/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 Notice of Appearance, #3 Notice of Appearance, #1 Petition for Miscellaneous Relief,,. (vkm) [Transferred from Florida Northern on 9/15/2020.] |
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