On July 11, 2024, the CFPB filed its unopposed Motion for the Immediate Issuance of the Mandate, the CFPB stated that they do not intend to seek a rehearing before the same panel or en banc and requested the Fifth Circuit to issue its mandate forthwith to allow the District Court to entertain further proceedings in the case.

On July 15, 2024, the Fifth Circuit granted the CFPB’s motion and issued its mandate forthwith. Now that the mandate has issued, we expect that the CFPB will refile its Notice of Supplemental Authority related to its still pending motion to transfer venue under section 1406(a), Motion to Dissolve the Preliminary Injunction, and related 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 based on the Supreme Court’s reversal of the Fifth Circuit opinion in the CFSA case. The plaintiffs will obviously oppose both motions and urge Judge Pittman to continue the preliminary injunction based on two alternative claims.

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