Oral argument set for April 12 in English preliminary injunction appeal

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The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral argument on April 12, 2018 in Leandra English’s appeal of the district court’s denial of her preliminary injunction motion in her action seeking a declaration that she is the lawful CFPB Acting Director.

The D.C. Circuit’s order setting the briefing schedule in her appeal directed the Court Clerk to calendar the case for oral argument on the first available date following the completion of briefing.  Ms. English filed her opening appeal brief on January 30.

Under the D.C. Circuit’s briefing schedule, the DOJ’s opposition brief is due by February 23, 2018 and Ms. English’s reply brief is due by March 6, 2018.  Pursuant to federal appellate rules, amicus briefs must be filed within 7 days of the due date of the brief of the party an amici is supporting.  Accordingly, amicus briefs supporting Ms. English must be filed by February 6, 2018 and amicus briefs supporting Mr. Mulvaney must be filed by March 2, 2018.

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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