San Diego County Credit Union v. Citizens Equity First Credit Union

Filing 426

Order Dismissing County Four of the Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 11/3/23.(jmo)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAN DIEGO COUNTY CREDIT
UNION,

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ORDER DISMISSING COUNT
FOUR OF THE SECOND AMENDED
COMPLAINT

Plaintiff,

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Case No.: 18cv967-GPC(RBB)

v.
CITIZENS EQUITY FIRST CREDIT
UNION,

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Defendant.

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On April 21, 2023, the Ninth Circuit affirmed in part, vacated in part and remanded

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the case with instructions for further proceedings. San Diego Cnty. Credit Union v.

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Citizens Equity First Credit Union, 65 F. 4th 1012, 1037 (9th Cir. 2023). In part, the

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Ninth Circuit vacated the Court’s prior judgment, (Dkt. No. 354), on Count Four for

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declaratory judgment of invalidity of NOT A BANK. BETTER for lack of Article III

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subject matter jurisdiction. In compliance with the Ninth Circuit’s directive, the Court

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18cv967-GPC(RBB)

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DISMISSES Count Four of the second amended complaint for lack of Article III subject

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matter jurisdiction. The Clerk of Court shall enter judgment accordingly.

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IT IS SO ORDERED.
Dated: November 3, 2023

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18cv967-GPC(RBB)