San Diego County Credit Union v. Citizens Equity First Credit Union
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
The court was tasked with implementing a Ninth Circuit mandate that vacated a prior judgment on Count Four for lack of Article III subject matter jurisdiction. The court dismissed Count Four of the second amended complaint for lack of Article III subject matter jurisdiction.
| What the court decided | The model |
|---|---|
Dismissal of Count Four of the second amended complaint for lack of Article III subject matter jurisdiction.“DISMISSES Count Four of the second amended complaint for lack of Article HI subject matter jurisdiction.” | agree with court The district court is bound by the Ninth Circuit's mandate, which explicitly vacated the prior judgment on Count Four due to a lack of Article III subject matter jurisdiction. Dismissing the claim is the only legally permissible action to comply with the appellate court's directive. |
The order itself: sound — The order is a ministerial act to implement a specific mandate from the Ninth Circuit. It correctly identifies the controlling authority and takes the required action. There are no gaps or questionable reasoning because the court is not exercising discretion but rather following a binding appellate directive.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SAN DIEGO COUNTY CREDIT Case No.: 18cv967-GPC(RBB) UNION, 12 ORDER DISMISSING COUNT Plaintiff, 13 FOUR OF THE SECOND AMENDED v. COMPLAINT 14 CITIZENS EQUITY FIRST CREDIT 15 UNION, 16 Defendant. 17 18 On April 21, 2023, the Ninth Circuit affirmed in part, vacated in part and remanded 19 the case with instructions for further proceedings. San Diego Cnty. Credit Union v. 20 Citizens Equity First Credit Union, 65 F. 4th 1012, 1037 (9th Cir. 2023). In part, the 21 Ninth Circuit vacated the Court’s prior judgment, (Dkt. No. 354), on Count Four for 22 declaratory judgment of invalidity of NOT A BANK. BETTER for lack of Article III 23 subject matter jurisdiction. In compliance with the Ninth Circuit’s directive, the Court 24 / / / 25 / / / 26 / / / 27 28 1 || DISMISSES Count Four of the second amended complaint for lack of Article HI subject 2 || matter jurisdiction. The Clerk of Court shall enter judgment accordingly. 3 IT IS SO ORDERED. 4 || Dated: November 3, 2023 <= 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Cites, in this corpus
- San Diego County Credit Union v. Cefcu 21-55642 · 2023-02-10