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04-778 - American Bankers, et al v. Lockyer, et al


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04-778 - American Bankers, et al v. Lockyer, et al
October 4, 2005
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MEMORANDUM AND ORDER signed by Judge Morrison C. England Jr. ORDERING that the Court finds that a judgment in favor of Pltfs will serve a useful purpose in clarifying and settling the scope of FCRA preemption as it relates to SB1 and will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to this action. Accordingly, declaratory judgment is appropriate and final judgement in favor of Pltfs is therefore entered. In addition, the Court finds that Pltfs have established actual success on the merits and are entitled to injunctive relief as a matter of law. Dfts are hereby permanently enjoined from enforcing SB1's affiliate sharing provisions as codified in CA Financial Code Section 4053(b)(1) to the extent they are preempted by 15 U.S.C Section 1681t(b)(2). CASE CLOSED. (Krueger, M) Modified on 10/4/2005 (Krueger, M).
October 4, 2005
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JUDGMENT is hereby entered in favor of plaintiffs in accordance with the Court Order by Judge Morrison C. England Jr. {WRONG DATE ENTERED ON JUDGMENT - SEE ENTRY 72 FOR AMENDED JUDGMENT] (Krueger, M) Modified on 10/6/2005 (Krueger, M).
October 5, 2005
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AMENDED MEMORANDUM AND ORDER. Signed by Judge Morrison C. England, Jr. on 10/05/2005. (Deutsch, S)
October 6, 2005
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AMENDED JUDGMENT is hereby enteted in accordance with the Court Order by Judge Morrison C. England Jr. on 10/4/05. (Krueger, M)
October 28, 2008
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ORDER signed by Judge Morrison C. England, Jr on 10/27/08 ORDERING that in accord with the decisions of the United States Court of Appeals for the Ninth Circuit in American Bankers Association, et al. v. Gould, et al., Nos. 04- 6334&04-16560, 412 F.3d 1081 (2005), and American Bankers Association, et al. v. Lockyer, et. al., Nos. 05-17163&05-17206, 541 F.3d 1214 (2008), Cal. Fin. Code § 4053(b)(1) is preempted by 15 U.S.C. § 1681t(b)(2) of the Fair Credit Reporting Act "insofar as it attempts to regulate the communication between affiliates of 'information,' as that term is used in [15 U.S.C.] § 1681a(d)(1)" of the Fair Credit Reporting Act, 412 F.3d at 1087, and, to the extent that Cal. Fin. Code § 4053(b)(1) is preempted, Defendants, as well as their successors and agents, are permanently enjoined from enforcing, or taking any other action under Cal. Fin. Code § 4053(b)(1). Each party shall bear its own costs. IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action for purposes of enforcing the provisions of this Order. CASE CLOSED.. (Manzer, C)