On July 11, 2024, the CFPB filed Respondent’s Motion for the Immediate Issuance of the Mandate. In the motion, the CFPB states that they do not plan to seek a rehearing before the same Fifth Circuit or En Banc and requests the Fifth Circuit to issue its mandate forthwith to allow the District Court to entertain further proceedings in the case. The Fifth Circuit is currently scheduled to issue the mandate after August 12, 2024—when the CFPB’s time for filing a petition for rehearing expires.
This motion comes one day after the District Court ordered that CFPB’s filings (Notice of Supplemental Authority, Motion to Dissolve the Preliminary Injunction, and Brief) be stricken and unfiled because of lack of jurisdiction since the Fifth Circuit has not issued its mandate in connection with the granting of a writ of mandamus ordering the District Court to vacate its order transferring venue to the District Court for the District of Columbia.
In its motion, the CFPB relinquished its right to petition for a panel or en banc rehearing. The CFPB also stated that it corresponded with plaintiffs’ counsel by email and that plaintiffs take no position on the motion. Once the mandate is issued, we expect that the CFPB will refile its notice, motion and brief. We expect that to occur very soon. At that point, the District Court will need to deal with yet another attempt by the CFPB to transfer venue and its motion to dissolve the preliminary injunction.