Appellate Circuit

Ninth Circuit First to Stay CFPB Case in Light of Supreme Court Agreeing to Review Selia Law Case

On October 21st, 2019, the Ninth Circuit issued an order withdrawing submission of the appeal and staying all further proceedings until the Supreme Court’s decision in Seila Law.

As expected, the U.S. Supreme Court’s grant of Seila Law’s cert petition is impacting other cases in which the CFPB’s constitutionality has also been challenged.

NINTH CIRCUIT AFFIRMS STAY

In CFPB v. CashCall, CashCall appealed to the Ninth Circuit from the district court’s decision ordering CashCall to pay a $10 million statutory fine based on its finding that it was the “true lender” of loans issued to borrowers in 16 states. CashCall’s grounds for appeal include the district court’s rejection of its constitutional challenge to the CFPB. The Ninth Circuit heard oral argument last month. Last week, the Ninth Circuit issued an order withdrawing submission of the appeal and staying all further proceedings until the Supreme Court’s decision in Seila Law.

General Docket

United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 18-55407 Docketed: 03/28/2018
Termed: 10/21/2019
Nature of Suit: 1890 Other Statutory Actions
CFPB v. Cashcall, Inc., et al
Appeal From: U.S. District Court for Central California, Los Angeles
Fee Status: USA – No Fee Req
Case Type Information:
     1) civil
     2) united states
     3) null
Originating Court Information:
     District: 0973-2 : 2:15-cv-07522-JFW-RAO
     Court Reporter: Miranda Algorri, Court Reporter
     Court Reporter: Alberto V. Ortiz, Court Reporter Supervisor
     Court Reporter: Myra Leonor Ponce
     Trial Judge: John F. Walter, District Judge
     Date Filed: 12/16/2013
     Date Order/Judgment:      Date Order/Judgment EOD:      Date NOA Filed:      Date Rec’d COA:
     01/26/2018      01/26/2018      03/27/2018      03/27/2018

05/09/2019  50  Filed (ECF) Appellant Consumer Financial Protection Bureau in 18-55407, Appellee Consumer Financial Protection Bureau in 18-55479 citation of supplemental authorities. Date of service: 05/09/2019. [11292190] [18-55407, 18-55479] (Bateman, Kristin) [Entered: 05/09/2019 12:55 PM]
05/14/2019  51 This case is being considered for an upcoming oral argument calendar in Pasadena

Please review the Pasadena sitting dates for September 2019 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation).[11296834] (AW) [Entered: 05/14/2019 12:42 PM]

06/30/2019  52 Notice of Oral Argument on Monday, September 9, 2019 – 09:00 A.M. – Courtroom 1 – Pasadena CA.

View the Oral Argument Calendar for your case here.

Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, September 9, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11349529][Array,18-55407,18-55479] (AW) [Entered: 06/30/2019 06:08 AM]

07/02/2019  53 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Allen Louis Lanstra, Jr. for Appellees Cashcall, Inc., Delbert Services Corporation, J. Paul Reddam and WS Funding, LLC in 18-55407, Attorney Mr. Allen Louis Lanstra, Jr. for Appellants Cashcall, Inc., WS Funding, LLC, Delbert Services Corporation and J. Paul Reddam in 18-55479. Hearing in Pasadena on 09/09/2019 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/02/2019. [11352288] [18-55407, 18-55479] (Lanstra, Allen) [Entered: 07/02/2019 01:25 PM]
07/26/2019  54 Filed (ECF) Acknowledgment of hearing notice by Attorney Kristin Bateman for Appellant Consumer Financial Protection Bureau in 18-55407, Attorney Kristin Bateman for Appellee Consumer Financial Protection Bureau in 18-55479. Hearing in Pasadena on 09/09/2019 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/26/2019. [11377860] [18-55407, 18-55479] (Bateman, Kristin) [Entered: 07/26/2019 11:09 AM]
09/09/2019  55 ARGUED AND SUBMITTED TO JOHN B. OWENS, RYAN D. NELSON and ERIC D. MILLER. [11424857] [18-55407, 18-55479] (BG) [Entered: 09/09/2019 11:13 AM]
09/11/2019  56  Filed Audio recording of oral argument.
Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/
[11427709] [18-55407, 18-55479] (BG) [Entered: 09/11/2019 08:14 AM]
09/18/2019  57  Filed (ECF) Appellant Consumer Financial Protection Bureau in 18-55407, Appellee Consumer Financial Protection Bureau in 18-55479 Correspondence: Notification of a change in the Bureau’s position regarding the constitutionality of the for-cause removal provision in the Consumer Financial Protection Act. Date of service: 09/18/2019 [11435361] [18-55407, 18-55479] (Bateman, Kristin) [Entered: 09/18/2019 10:02 AM]
10/21/2019  58  Filed (ECF) Appellant Consumer Financial Protection Bureau in 18-55407, Appellee Consumer Financial Protection Bureau in 18-55479 Correspondence: Notification regarding grant of certiorari in Seila Law LLC v. CFPB. Date of service: 10/21/2019 [11471302] [18-55407, 18-55479] (Bateman, Kristin) [Entered: 10/21/2019 12:59 PM]
10/21/2019  59  Order filed (JOHN B. OWENS, RYAN D. NELSON and ERIC D. MILLER): We withdraw submission of this appeal and stay all further proceedings pending the United States Supreme Court’s decision in Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7 (cert. granted Oct. 18, 2019). Within 30 days of the decision in Seila Law, the parties shall advise the court if supplemental briefing is necessary before resubmission of the appeal. The Clerk is directed to administratively close the docket, pending further order of the court. [11472113] [18-55407, 18-55479] (AF) [Entered: 10/21/2019 04:46 PM]
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