Judge in CFPB Leadership Case Sets Swift Court Schedule

Deputy Director Leandra English continues to challenge the ruling and law that enables President Donald Trump’s appointee to serve as the CFPB’s acting director.

12/11/2017 9:35 AM

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Judge in CFPB Leadership Case Sets Swift Court Schedule

Proceedings in the case initiated by Consumer Financial Protection Bureau Deputy Director Leandra English will continue through the month, despite a proposal from the U.S. Department of Justice for the briefing and oral argument  to run into next year.

English filed an amended complaint and a motion for a preliminary injunction in the U.S. District Court for the District of Columbia Dec. 6 to reverse the district court’s earlier ruling allowing the Trump administration’s designation of White House budget director, Mick Mulvaney, to serve as the CFPB’s acting director, according to The Hill

English’s latest move puts her case on track to be appealed to the D.C. Circuit Court of Appeals. 

“The deputy director argues in the new filing that Mulvaney is ineligible to run the CFPB because of the line of succession established in Dodd-Frank. English also claims Mulvaney’s appointment violates the Federal Reserve’s independence since the CFPB was created within the Fed system and Mulvaney is a senior White House aide,” The Hill reports.

The district court also issued a schedule order for the preliminary injunction proceedings in the case, English v. Trump, et. al, through December.

Before vacating his office Nov. 24, former CFPB Director Richard Cordray elevated English to the leadership role of deputy director and interim leader of the bureau. Meanwhile, President Donald Trump appointed Mick Mulvaney to the same position. Mulvaney currently serves as Trump’s director of the Office of Budget and Management—a role he intends to maintain along with the CFPB interim responsibilities.

In his first ruling in the case, U.S. District Court Judge Kelly denied English’s temporary restraining order against the Trump administration for its appointment of Mulvaney Nov. 28.

Judge Kelly’s Nov. 28 ruling means Mulvaney will remain as the legal acting director of the CFPB until a permanent replacement is nominated and takes over or English is successful in her case.

According to The National Law Review, following the Nov. 28 ruling, Judge Kelly ordered the parties in the case to meet and submit a joint proposed schedule for briefing the merits and/or the preliminary injunction by Dec. 1.

The parties did not agree on a schedule and Judge Kelly has since issued the following scheduling order in the case, The National Law Review reports:

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

The hearing on the motion for the preliminary injunction is Dec. 22 and Judge Kelly’s decision on that motion is eligible for appeal to the U.S. Court of Appeals for the D.C. Circuit.

While the case continues, Mulvaney and English will remain in their respective roles at the CFPB. Mulvaney told reporters in a news briefing Dec. 4 that he would like English to remain in her role as deputy director and would not consider firing her, according to Reuters.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


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Judge in CFPB Leadership Case Sets Swift Court Schedule

Proceedings in the case initiated by Consumer Financial Protection Bureau Deputy Director Leandra English will continue through the month, despite a proposal from the U.S. Department of Justice for the briefing and oral argument  to run into next year.

English filed an amended complaint and a motion for a preliminary injunction in the U.S. District Court for the District of Columbia Dec. 6 to reverse the district court’s earlier ruling allowing the Trump administration’s designation of White House budget director, Mick Mulvaney, to serve as the CFPB’s acting director, according to The Hill

English’s latest move puts her case on track to be appealed to the D.C. Circuit Court of Appeals. 

“The deputy director argues in the new filing that Mulvaney is ineligible to run the CFPB because of the line of succession established in Dodd-Frank. English also claims Mulvaney’s appointment violates the Federal Reserve’s independence since the CFPB was created within the Fed system and Mulvaney is a senior White House aide,” The Hill reports.

The district court also issued a schedule order for the preliminary injunction proceedings in the case, English v. Trump, et. al, through December.

Before vacating his office Nov. 24, former CFPB Director Richard Cordray elevated English to the leadership role of deputy director and interim leader of the bureau. Meanwhile, President Donald Trump appointed Mick Mulvaney to the same position. Mulvaney currently serves as Trump’s director of the Office of Budget and Management—a role he intends to maintain along with the CFPB interim responsibilities.

In his first ruling in the case, U.S. District Court Judge Kelly denied English’s temporary restraining order against the Trump administration for its appointment of Mulvaney Nov. 28.

Judge Kelly’s Nov. 28 ruling means Mulvaney will remain as the legal acting director of the CFPB until a permanent replacement is nominated and takes over or English is successful in her case.

According to The National Law Review, following the Nov. 28 ruling, Judge Kelly ordered the parties in the case to meet and submit a joint proposed schedule for briefing the merits and/or the preliminary injunction by Dec. 1.

The parties did not agree on a schedule and Judge Kelly has since issued the following scheduling order in the case, The National Law Review reports:

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

The hearing on the motion for the preliminary injunction is Dec. 22 and Judge Kelly’s decision on that motion is eligible for appeal to the U.S. Court of Appeals for the D.C. Circuit.

While the case continues, Mulvaney and English will remain in their respective roles at the CFPB. Mulvaney told reporters in a news briefing Dec. 4 that he would like English to remain in her role as deputy director and would not consider firing her, according to Reuters.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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