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Motion for Leave to File Reply Brief in Support of Emergency Petition for Writ of Mandamus and Administrative Stay of Transfer

In re Chamber of Commerce of the United States of America; Fort Worth Chamber of Commerce; Longview Chamber of Commerce; American Bankers Association; Consumer Bankers Association; Texas Association of Business, Petitioners.
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Petitioners Chamber of Commerce of the United States of America, Fort Worth Chamber of Commerce, Longview Chamber of Commerce, American Bankers Association, Consumer Bankers Association, and Texas Association of Business, through their undersigned counsel, respectfully move under Fed. R. App. P. 21 and 27 for leave to file a short, limited reply in support of their pending petition for a writ of mandamus. Pursuant to Fifth Circuit Rule 27.4, counsel for Petitioners conferred about this motion with Respondents’ counsel, who informed Petitioners that Respondents do not oppose the motion. 

The Federal Rules of Appellate Procedure and this Court’s rules do not explicitly provide for replies in response to court-ordered oppositions to petitions for mandamus. See Fed. R. App. P. 21. The Rules, however, typically provide the party seeking certain relief with the opportunity to reply to any response. See, e.g., Fed. R. App. P. 28(c). 

Petitioners seek leave to file a short, limited reply on two points with respect to arguments made in Respondents’ opposition brief. As explained in the attached proposed brief, that opposition takes positions on transfer analysis that would have far-reaching consequences for plaintiffs seeking to challenge federal rulemakings, paving the way for nearly all Administrative Procedure Act cases to be sent to the government’s home turf in the District of Columbia. In addition, in a final effort to avoid litigating this case in Texas and the Fifth Circuit, the CFPB incorrectly attempts to diminish the weight Plaintiffs’ choice of forum should receive by resuscitating its argument that venue is not proper in Fort Worth in a suit brought by the Fort Worth Chamber of Commerce. 

Petitioners therefore respectfully request that the Court grant them leave to file the attached reply in support of their mandamus petition. 

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