Opinion
8:20-cv-02304-JLS-JDE
09-21-2022
In re Banner Bank
Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE SUMMARY JUDGMENT IN FAVOR OF DEFENDANT AS TO PLAINTIFFS' STATE LAW CLAIMS
Defendant Banner Bank contends that Plaintiffs' state law claims are preempted by the Fair Credit Reporting Act (“FCRA”). (See, e.g., Second Amended Pretrial Conference Order at 23-24, Doc. 98.) In the interest of judicial efficiency, the Court deems that this issue should be resolved in advance of trial. Accordingly, the Court orders Plaintiffs to show cause, in writing, why summary judgment should not be granted to Defendant as to Plaintiffs' state law claims. See Fed. R. Civ. Proc. 56(f). The Court also orders Defendant to provide supplemental briefing in support of its preemption defense as to Plaintiffs' state law claims. The parties shall have fourteen (14) days from the issuance of this order to submit briefing that addresses whether Plaintiffs' state law claims are preempted. Once the parties have submitted their briefing, the matter shall be considered under submission with the Court unless otherwise ordered.