The two lawsuits filed in federal district court in California by state attorneys general challenging the OCC and FDIC “Madden fix” final rules will both be heard by Judge Jeffrey S. White. Judge White was appointed to the federal bench in 2002 by President George W. Bush.
When the lawsuits were filed, the lawsuit against the OCC was assigned to Judge White and the lawsuit against the FDIC was assigned to a different judge. The California AG, one of the plaintiff AGs in both lawsuits, filed an administrative motion with Judge White to consider whether the two cases should be considered “related” under civil local rules.
The OCC filed a response in which it indicated that it was not taking a position on the motion but sought to advise the court “of important factual and legal differences between the two actions.” Those differences were that the lawsuits involve different defendants with primary regulatory responsibility over different institutions, challenges to rulemakings issued pursuant to separate statutes, and two distinct rulemakings based on separate administrative records.
On September 11, Judge White entered an order relating the two cases and the lawsuit against the FDIC was reassigned to him.