The Monticello Banking Company et al v. Consumer Financial Protection Bureau et al
| Kentucky Eastern District Court | |
| Judge: | Karen K Caldwell |
| Case #: | 6:23-cv-00148 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Aug 11, 2023 |
| Last checked: Wednesday Feb 07, 2024 5:23 AM EST |
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Defendant
Rohit Chopra
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Represented By
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Defendant
Consumer Financial Protection Bureau
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Represented By
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Plaintiff
Citizens Deposit Bank of Arlington, Inc.
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Represented By
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Plaintiff
First Community Bank of the Heartland, Inc.
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Represented By
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Plaintiff
First Southern National Bank
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Represented By
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Plaintiff
Kentucky Bankers Association
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Represented By
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Plaintiff
Morgantown Bank & Trust Company
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Represented By
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Plaintiff
The Farmers Bank of Milton, Ky.
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Represented By
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Plaintiff
The Monticello Banking Company
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Represented By
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Plaintiff
The Peoples Bank, Marion, Kentucky
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Represented By
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Plaintiff
The Sacramento Deposit Bank
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Represented By
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GPO
Sep 14 2023
OPINION & ORDER: (1) Plaintiffs' motion for injunctive relief is GRANTED (DE 15); (2) The Consumer Financial Protection Bureau is ENJOINED from enforcing the Small Business Lending Rule until the Supreme Court issues an opinion ruling that the funding structure of the CFPB is constitutional; and (3) The Court will not require security due to the lack of evidence that the Consumer Financial Protection Bureau will incur any monetary costs or damages because of the preliminary injunction. Signed by Judge Karen K. Caldwell on 9/14/2023.(MM)cc: COR |
| Docket last updated: 2 hours ago |
| Wednesday, January 10, 2024 | ||
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order
Staying Case Order
Wed 01/10 10:04 AM
ORDER: 1. This action is STAYED pending the Supreme Courts decision in Consumer Financial Protection Bureau v. Community Financial Services. Ass'n of America, Ltd., 143 S. Ct. 978, 215 L. Ed. 2d 104 (2023) (CFPB), 2. The plaintiffs shall file a notice with this Court within seven days of the Supreme Court's decision in CFPB. 3. Any party may at any time request the Court lift this stay prior to the Supreme Court's decision by filing a motion to that effect.. Signed by Judge Karen K. Caldwell on 1/10/2024.(MM) |
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| Monday, October 16, 2023 | ||
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answer
Answer to Complaint
Mon 10/16 8:51 PM
ANSWER to1 Complaint,,, by Rohit Chopra, Consumer Financial Protection Bureau.(Friedl, Kevin) |
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respoth
Notice of Appearance
Mon 10/16 5:28 PM
NOTICE OF APPEARANCE by Rohit Chopra, Consumer Financial Protection Bureau. (Bloom, Karen) |
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| Thursday, September 14, 2023 | ||
| 20 | 20
order
Judgment
Thu 09/14 3:10 PM
JUDGMENT: In accordance with the opinion and order entered on this date, the Courthereby ORDERS and ADJUDGES as follows:1) Plaintiffs' motion for injunctive relief is GRANTED (DE 15); and2) The Consumer Financial Protection Bureau is ENJOINED from enforcing theSmall Business Lending Rule until the Supreme Court issues an opinion rulingthat the funding structure of the CFPB is constitutional;3) The Court will not require security due to the lack of evidence that the ConsumerFinancial Protection Bureau will incur any monetary costs or damages because ofthe preliminary injunction; and4) This matter is APPEALABLE pursuant to 12 U.S.C. § 1292.. Signed by Judge Karen K. Caldwell on 9/14/2023.(MM) |
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6
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order
Memorandum Opinion and Order Terminate Motions
Thu 09/14 3:08 PM
OPINION & ORDER: (1) Plaintiffs' motion for injunctive relief is GRANTED (DE15 ); (2) The Consumer Financial Protection Bureau is ENJOINED from enforcing the Small Business Lending Rule until the Supreme Court issues an opinion ruling that the funding structure of the CFPB is constitutional; and (3) The Court will not require security due to the lack of evidence that the Consumer Financial Protection Bureau will incur any monetary costs or damages because of the preliminary injunction. Signed by Judge Karen K. Caldwell on 9/14/2023.(MM) |
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| Tuesday, September 12, 2023 | ||
| 18 | 18
respm
Reply to Response to Motion
Tue 09/12 6:23 PM
REPLY to Response to Motion re15 MOTION for Preliminary Injunction by Citizens Deposit Bank of Arlington, Inc., First Community Bank of the Heartland, Inc., First Southern National Bank, Kentucky Bankers Association, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., filed by Citizens Deposit Bank of Arlington, Inc., First Community Bank of the Heartland, Inc., First Southern National Bank, Kentucky Bankers Association, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., The Monticello Banking Company, The Peoples Bank, Marion, Kentucky, The Sacramento Deposit Bank.(Senn, M.) |
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Att: 1
Exhibit Exh. 19 - CFPB v. Credit Acceptance,
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Att: 2
Exhibit Exh. 20 - Chamber of Commerce v. CFPB
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| Tuesday, September 05, 2023 | ||
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respm
Response in Opposition to Motion
Tue 09/05 4:58 PM
RESPONSE in Opposition re15 MOTION for Preliminary Injunction by Citizens Deposit Bank of Arlington, Inc., First Community Bank of the Heartland, Inc., First Southern National Bank, Kentucky Bankers Association, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., filed by Rohit Chopra, Consumer Financial Protection Bureau. (Friedl, Kevin) |
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| Tuesday, August 22, 2023 | ||
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order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Tue 08/22 4:33 PM
ORDER re15 MOTION for Preliminary Injunction: This matter is before the Court on the plaintiffs' motion for a preliminary injunction.(DE 15.) The Court hereby ORDERS that, if the defendants object to the motion, they MUST FILE a response by Tuesday, September 5th, 2023.. Signed by Judge Karen K. Caldwell on 8/22/2023.(MM) |
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utility
Motion Submitted
Tue 08/22 10:21 AM
***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re15 MOTION for Preliminary Injunction by Citizens Deposit Bank of Arlington, Inc., First Community Bank of the Heartland, Inc., First Southern National Bank, Kentucky Bankers Association, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., (KJA) |
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| Monday, August 21, 2023 | ||
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motion
Preliminary Injunction
Mon 08/21 6:11 PM
MOTION for Preliminary Injunction by Citizens Deposit Bank of Arlington, Inc., First Community Bank of the Heartland, Inc., First Southern National Bank, Kentucky Bankers Association, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., The Monticello Banking Company, The Peoples Bank, Marion, Kentucky, The Sacramento Deposit Bank(Senn, M.) |
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Att: 1
Memorandum in Support Plaintiffs' Memo In Support Of Prelim. Inj..,
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Att: 2
Exhibit Exh. 7 - Monticello Bank Decl.,
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Att: 3
Exhibit Exh. 8 - Citizens Deposit Decl.,
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Att: 4
Exhibit Exh. 9 - First Community Decl.,
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Att: 5
Exhibit Exh. 10 - First Southern Decl.,
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Att: 6
Exhibit Exh. 11 - Morgantown Bank Decl,
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Att: 7
Exhibit Exh. 12 - Farmers Bank Decl.,
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Att: 8
Exhibit Exh. 13 - Peoples Bank Decl.,
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Att: 9
Exhibit Exh. 14 - Sacramento Bank Decl.,
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Att: 10
Exhibit Exh. 15 - KBA Decl.,
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Att: 11
Exhibit Exh. 16 - KBA Seminar Materials,
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Att: 12
Exhibit Exh. 17 - KBA Comment Letter,
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Att: 13
Exhibit Exh. 18 - ABA Decl.,
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Att: 14
Proposed Order Proposed Injunction Order
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respoth
Notice of Appearance
Mon 08/21 9:39 AM
NOTICE OF APPEARANCE by Rohit Chopra, Consumer Financial Protection Bureau. (Friedl, Kevin) |
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| Friday, August 11, 2023 | ||
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:42 PM
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Bankers Association. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:41 PM
FRCP 7.1 DISCLOSURE STATEMENT by The Sacramento Deposit Bank identifying Corporate Parent Sacramento Bancorp for The Sacramento Deposit Bank. (APR) |
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| 10 | 10
misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:39 PM
FRCP 7.1 DISCLOSURE STATEMENT by The Peoples Bank, Marion, Kentucky identifying Corporate Parent Peoples-Marion Bancorp, Inc. for The Peoples Bank, Marion, Kentucky. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:37 PM
FRCP 7.1 DISCLOSURE STATEMENT by The Farmers Bank of Milton, Ky. identifying Corporate Parent Farmers Financial Corporation for The Farmers Bank of Milton, Ky. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:35 PM
FRCP 7.1 DISCLOSURE STATEMENT by Morgantown Bank & Trust Company identifying Corporate Parent Morgantown Deposit Bancorp Inc. for Morgantown Bank & Trust Company. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:34 PM
FRCP 7.1 DISCLOSURE STATEMENT by First Southern National Bank identifying Corporate Parent First Southern Bancorp, Inc. for First Southern National Bank. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:32 PM
FRCP 7.1 DISCLOSURE STATEMENT by First Community Bank of the Heartland, Inc. identifying Corporate Parent First Trust Financial Corporation for First Community Bank of the Heartland, Inc. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:30 PM
FRCP 7.1 DISCLOSURE STATEMENT by Citizens Deposit Bank of Arlington, Inc. identifying Corporate Parent Carlisle Bancorp, Inc. for Citizens Deposit Bank of Arlington, Inc. (APR) |
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misc
Disclosure Statement pursuant to FRCP 7.1
Fri 08/11 5:28 PM
FRCP 7.1 DISCLOSURE STATEMENT by The Monticello Banking Company identifying Corporate Parent Monticello Bankshares, Inc. for The Monticello Banking Company. (APR) |
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service
Summons Issued/Reissued
Fri 08/11 5:24 PM
Summons Issued as to Rohit Chopra, U.S. Attorney, the U.S Attorney General and returned to counsel electronically for service.(APR) |
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Att: 1
Summons - US Attorney,
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Att: 2
Summons - US Attorney General
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service
Summons Issued/Reissued
Fri 08/11 5:21 PM
Summons Issued as to Consumer Financial Protection Bureau, U.S. Attorney, the U.S Attorney General and returned to counsel electronically for service.(APR) |
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Att: 1
Summons - US Attorney,
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Att: 2
Summons - US Attorney General
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30+
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cmp
Complaint
Fri 08/11 5:16 PM
COMPLAINT ( Filing fee $402; receipt number AKYEDC-5623366), filed by Kentucky Bankers Association, First Community Bank of the Heartland, Inc., The Sacramento Deposit Bank, Citizens Deposit Bank of Arlington, Inc., The Monticello Banking Company, First Southern National Bank, Morgantown Bank & Trust Company, The Farmers Bank of Milton, Ky., The Peoples Bank, Marion, Kentucky.(APR) |
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Att: 1
Exhibit 1 - Dodd Frank Section 1071,
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Att: 2
Exhibit 2 - CFPB Final Rule,
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Att: 3
Exhibit 3 - CFPB Data Points Chart,
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Att: 4
Exhibit 4 - CFPB Filing Inst. Guide,
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Att: 5
Exhibit 5 - Texas Preliminary Injunction,
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Att: 6
Exhibit 6 - CFPB Enforcement Guide,
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Att: 7
Civil Cover Sheet,
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Att: 8
Summons CFPB,
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Att: 9
Summons CFPB - to USAG DC,
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Att: 10
Summons CFPB - to US Atty EDKy,
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Att: 11
Summons Chopra,
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Att: 12
Summons Chopra - to USAG,
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Att: 13
Summons Chopra - to US Atty EDKy
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misc
Conflict Check
Fri 08/11 5:43 PM
Conflict Check run. (APR) |
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utility
File Submitted
Fri 08/11 5:44 PM
***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review:1 Complaint (APR) |
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