IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

BUREAU OF CONSUMER FINANCIAL 

PROTECTION,

Plaintiff, 

v.

TOWNSTONE FINANCIAL, INC., AND 

BARRY STURNER, 

Defendants.

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Case No. 1:20-cv-04176 

Judge Franklin U. Valderrama

Magistrate Judge Gabriel A. Fuentes

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE 

DEFENDANTS’ RESPONSIVE PLEADING OR MOTION UNDER RULE 12 

OF THE FEDERAL RULES OF CIVIL PROCEDURE

Defendants Townstone Financial and Barry Sturner (collectively, Defendants), 

by and through their counsel, respectfully request this Court grant them a 60-day

extension of time to file a responsive pleading or motion pursuant to Federal Rule of 

Civil Procedure 12 to and including November 18, 2024. As a result of the mandate 

issued by the United States Court of Appeals for the Seventh Circuit on September 

3, 2024, Dkt. Nos. 121–22, remanding this case to this Court, the current deadline for 

Defendants to file a responsive pleading or motion is September 17, 2024. Plaintiff 

Consumer Financial Protection Bureau (Bureau) does not object.

This Court should grant the request to give Defendants additional time to 

consider whether to file another motion to dismiss or an answer under Rule 12 and 

to do so in connection with the parties’ discussions concerning the Court’s order on 

September 6, 2024, directing the parties to confer and file a joint status report by

September 19, 2024. Dkt. No. 123. The parties were already engaged in discussions 

Case: 1:20-cv-04176 Document #: 125 Filed: 09/11/24 Page 1 of 3 PageID #:819
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concerning next steps in the case, and they will file a joint status report concerning 

their positions on next steps by September 19. An extension of time to file a motion 

or responsive pleading after the parties confer and receive input from the Court 

serves the interests of judicial economy and avoids wasting the Court’s or parties’

time with filings which may become redundant or irrelevant. 

This is Defendants’ first request to extend a deadline following the United 

States Court of Appeals for the Seventh Circuit’s remand to this Court. Defendants 

avow this request is being made in the interests of judicial economy and not for the 

purposes of undue delay. Accordingly, the Defendants respectfully request that the 

Court grant the motion for extension.

DATED: September 11, 2024

OLIVER J. DUNFORD

 FL Bar No. 017991

PACIFIC LEGAL FOUNDATION

4440 PGA Boulevard, Suite 307

Palm Beach Gardens, FL 33410

Tel: (916) 503-9060

ODunford@pacificlegal.org

Respectfully submitted,

/s/ Steven M. Simpson

STEVEN M. SIMPSON

 DC Bar No. 462553

ASHLEY TORKELSON LEVINE

 AZ Bar No. 032544

PACIFIC LEGAL FOUNDATION

3100 Clarendon Boulevard, Suite 1000

Arlington, VA, 22201

Tel: (202) 888-6881

SSimpson@pacificlegal.org ALevine@pacificlegal.org

MARX DAVID STERBCOW

THE STERBCOW LAW GROUP LLC

824 Elmwood Park Boulevard, Suite 

205 New Orleans, LA 70123

SEAN P. BURKE

RAY BIEDERMAN

MATTINGLY BURKE COHEN

& BIEDERMAN LLP

155 E. Market St. Suite 400

Indianapolis, IN 46204

Attorneys for Defendants

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CERTIFICATE OF SERVICE

The undersigned hereby certify that on September 11, 2024, I electronically 

filed the foregoing document with the Clerk of the Court via the CM/ECF system, 

which will cause a copy to be served upon counsel of record.

/s/ Steven M. Simpson

STEVEN M. SIMPSON

Case: 1:20-cv-04176 Document #: 125 Filed: 09/11/24 Page 3 of 3 PageID #:821