Opinion
No. 04-56373.
Argued and Submitted February 9, 2007.
Filed February 15, 2007.
Bradley L. Jacobs, Attorney at Law, Michael H. Fish, Esq., Niddrie Fish, LLP, San Diego, CA, for Plaintiffs-Appellants.
Charles L. Cope, II, Esq., FDIC-Federal Deposit Insurance Corporation, Washington, DC, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of California, Rudi M. Brewster, District Judge, Presiding. D.C. No. CV-03-00402-RMB.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
At oral argument, plaintiffs' counsel represented that his clients no longer own any bank stock. As such, all claims for injunctive and declaratory relief are moot. See Jones Intercable of San Diego, Inc. v. City of Chula Vista, 80 F.3d 320, 328 (9th Cir. 1996). Plaintiffs' remaining claim for damages arising out of a due process violation is barred by FDIC v. Meyer, 510 U.S. 471, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994), which held that a Bivens action cannot be brought against a federal agency. Id. at 484-85, 114 S.Ct. 996. DISMISSED IN PART; AFFIRMED IN PART.