DeBartolo v. Bank of America, N.A.

Filing 31

ORDER TO SHOW CAUSE Show Cause Response due by 9/11/2009. (vrwlc2, COURT STAFF) (Filed on 8/21/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 16, 2009, the court granted a stay in this matter pending the resolution of Miller v Bank of America NT and SA, 46 Cal 4th 630 (2009) ("Miller"). Doc #26. / v BANK OF AMERICA N A, Defendants. ANTHONY DEBARTOLO, Plaintiffs, No C 08-5553 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On June 1, 2009, the California Supreme Court issued its decision in Miller. The court concluded that Bank of America's

practice of balancing customers' accounts by applying account credits against account debits does not violate California law. 46 Cal 4th at 638-44. The supreme court's decision became final on

July 24, 2009, when the court issued its remittitur to the court of appeal. Doc #30, Exh C.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Given that plaintiff's complaint challenges the same banking practices that the California supreme court has found to be legal, plaintiff is ORDERED to SHOW CAUSE in a writing not to exceed five pages why the court should not execute judgment for defendants. Any return to this order shall be filed on or before

September 11, 2009.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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