Consumer Financial Protection Bureau v. Nationwide Biweekly Administration, Inc.

7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA CONSUMER FINANCIAL PROTECTION 10 BUREAU, Case No. 15-cv-02106-RS 11 Plaintiff, ORDER SETTING BRIEFING 12 v. SCHEDULE 13 NATIONWIDE BIWEEKLY ADMINISTRATION, INC., et al., Defendants.

16 On consideration of the parties’ joint case management conference statement, the conference set for May 18, 2023, is vacated. The parties are in agreement that briefing should proceed at this time on the so-called “Seila Law” and “restitution” issues, but disagree as to whether briefing on the constitutionality of the CFPB’s funding should await the Supreme Court’s anticipated decision in Community Financial Services Ass’n of America, Ltd. v. CFPB, 51 F.4th 21 616 (5th Cir. 2022), cert. granted, 2023 WL 2227658 (U.S. Feb. 27, 2023) (No. 22-448).

22 The parties also disagree as to page limits. Plaintiff proposes the normal motion practice limits should apply for each of the three issues. Defendants seek additional pages for both the Seila Law issue and the constitutionality issue, as to which they are effectively the “moving parties.”

25 Briefing on the constitutionality issue will not be postponed, although the court reserves the discretion to defer issuing a decision until the Supreme Court rules. Because this means the parties will be addressing one more issue than they perhaps had anticipated, their proposed 1 June 29, 2023 2 -- Defendants shall file an opening brief, not to exceed 35 pages, regarding the 3 Seila Law issue identified in the Ninth Circuit’s Memorandum Disposition at pages 3-4.

4 -- Defendants shall file an opening brief, not to exceed 35 pages, regarding the 5 issue of the constitutionality of the CFPB’s funding mechanism identified in the 6 Memorandum Disposition at page 4.

7 -- Plaintiff shall file an opening brief, not to exceed 25 pages, regarding the 8 restitution issue identified in the Memorandum Disposition at pages 4-5.

10 August 3, 2023 11 The parties shall file oppositions, each not to exceed the number of pages allowed gq 12 for the corresponding opening briefs.

14 September 7, 2023 15 The parties may file reply briefs not to exceed 15 pages each. = 17 The matter may then be set for hearing at the court’s discretion.

19 || ITISSO ORDERED.

21 Dated: May 11, 2023 73 RICHARD SEEBORG Chief United States District Judge CASE No. 15-cv-02106-RS