Court enters scheduling order in CFPB Acting Director dispute

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Following a scheduling conference held earlier yesterday, Judge Kelly entered an order setting a briefing schedule and hearing date for Laurena English’s motion for a preliminary injunction in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as CFPB Acting Director.

The order sets the following filing deadlines:

  • December 6, 2017.  Plaintiff’s motion for preliminary injunction.
  • December 8, 2017.  Amicus curiae briefs in support of Plaintiff’s motion.
  • December 18, 2017.  Defendants’ opposition to Plaintiff’s motion.
  • December 18, 2017.  Amicus curiae briefs in support of Defendants’ opposition.
  • December 20, 2017.  Plaintiff’s reply in support of her motion.

The order sets December 22, 2017 as the date for a hearing on Ms. English’s preliminary injunction motion.  Unlike the court’s order denying the temporary restraining order requested by Ms. English, its ruling on her preliminary injunction motion will be appealable to the U.S. Court of Appeals for the D.C. Circuit.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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