Disibio v. Mission National Bank

Full title: LEWIS DISIBIO, suing individually and on behalf of the general public…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 7, 2005

No. 03-15722 (9th Cir. Sep. 7, 2005)

Opinion

LEWIS DISIBIO, suing individually and on behalf of the general public; MARY DISIBIO, suing individually and on behalf of the general public, Plaintiffs - Appellants, v. MISSION NATIONAL BANK, a National Banking Association, sued separately and as successor in interest to City Federal Savings and Loan Association, Defendant - Appellee. No. 03-15722 United States Court of Appeals, Ninth Circuit September 7, 2005

NOT FOR PUBLICATION

DC # CV-01-03668-PJH Northern California (San Francisco)

Before: B. FLETCHER, TROTT, and SILVERMAN, Circuit Judges

ORDER

The memorandum disposition filed on April 11, 2005, is amended as follows:

Delete the first sentence of the second full paragraph, which reads: § The district court properly dismissed the diSibios§ claims against City Federal because they failed to exhaust their administrative remedies before the RTC.§

In its place, insert the following sentence: §The district court properly dismissed the diSibios§ claims against MNB that were based on City Federal§ s actions; those claims are defaulted because they had to be raised before the RTC before the diSibios could proceed to federal court.§

Except for the above amendments, appellants§ petition for panel rehearing, with request for oral argument, is denied. Appellants§ §Request for Judicial Notice§ is also denied.

No further filings shall be accepted in this closed appeal.