In January, a company calling itself "Company Doe" filed suit against the CFPB to challenge its constitutionality. The theory of the complaint was that, in light of the DC Circuit's (now vacated) decision in PHH v. CFPB finding the structure of the CFPB unconstitutional, the agency should be enjoined from taking any action against Company Doe. The plaintiff sought a preliminary injunction, which the district court denied. Company Doe a filed a motion asking the DC Circuit for an injunction pending appeal.
In a 2-1 decision, the court denied the motion. The majority found that the Company failed to show either irreparable harm or a likelihood of success on the merits of its case. Judge Kavanaugh dissented, stating that he would have granted the motion.
The opinion and dissent are here.
Meanwhile, in the en banc proceedings in PHH v. CFPB, the petitioner's brief and amicus briefs in support of the petitioner are due this Friday. The CFPB's brief and amicus briefs in support of it are due on March 31.
