William Kivett v. Flagstar Bank, Fsb

Opinion

UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT DEC 24 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS WILLIAM KIVETT; et al., No. 21-15667

Plaintiffs-Appellees, D.C. No. 3:18-cv-05131-WHA Northern District of California, v. San Francisco

FLAGSTAR BANK, FSB, ORDER

Defendant-Appellant.

Before: BYBEE and R. NELSON, Circuit Judges, and BOLTON,* District Judge.

Flagstar Bank’s petition for panel rehearing, filed October 7, 2024, is

GRANTED. The memorandum disposition filed on August 22, 2024, is withdrawn

and submission is vacated pending further order of the court. The court intends to

schedule oral argument on a date to be determined. With the withdrawal of the

memorandum disposition filed on August 22, 2024, Flagstar Bank’s petition for

rehearing en banc is denied as moot.

The court requests simultaneous supplemental briefing by the parties

addressing whether California Civil Code § 2954.8(a) is preempted by the National

Bank Act under the standard and methodology described in Cantero v. Bank of

America, N.A., 602 U.S. 205 (2024). The simultaneous briefs may not exceed

* The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. 12,000 words and shall be due 30 days from the date of this order.