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Court enters scheduling order in CFPB Acting Director dispute

Following a scheduling conference held earlier today, 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.

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Kaplinksy, partner, New York, finance

Alan S. Kaplinsky is Co-Practice Leader of the firm's Consumer Financial Services Group, which has more than 115 lawyers. Mr. Kaplinsky devotes his practice exclusively to counseling financial institutions on bank regulatory and transactional matters, particularly consumer financial services law, and defending financial institutions that have been sued by consumers in individual and class action lawsuits and by government enforcement agencies. Visit Mr. Kaplinsky's profile in Wikipedia.