“This case should be stayed pending resolution of overlapping litigation in Texas in which some of the same plaintiffs seek the same relief with respect to the same regulation, under the same legal theories, and against the same defendants,” the CFPB told Judge Caldwell in its motion.
“Pausing this case to await resolution of the first-filed action is appropriate in order to conserve judicial resources by minimizing duplicative or piecemeal litigation, and protect the parties and the courts from the possibility of conflicting results,” the agency added.
The CFPB noted that the Texas lawsuit is also “significantly further along,” with summary judgment briefing due to wrap up in the coming days.
“Holding this case to await resolution of the Texas litigation would promote judicial economy and the efficient resolution of this case by, among other things, allowing the court and the parties here to determine what relief remains available and to whom,” the agency said.
The stay request comes amid a broader ramping up of activity at the CFPB in the wake of its recent victory at the U.S. Supreme Court, where the justices last month ruled the agency’s funding structure does not violate a provision in the Constitution that requires Congress to authorize all federal spending.
