PayServices Bank v. Federal Reserve Bank of San Francisco (24-2355)

SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/22/2024, Appeal Opening Brief (No Transcript Due) (Appellant) 5/28/2024, Appeal Answering Brief (No Transcript Due) (Appellee) 6/28/2024. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 04/15/2024 03:15 PM]

ADDED Counsel for Appellant Jade A. Craig [Entered: 04/18/2024 09:27 AM]

MEDIATION CONFERENCE SCHEDULED - The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a dial-in telephone assessment conference with counsel on the date and time indicated above. Date: 5/1/2024, Time: 2:00 PM Pacific Time. Each participant on the attached list will receive an email with dial-in information. If there are any changes or additions to the list, please notify the Mediation Office at mediation@ca9.uscourts.gov. Also, please notify Circuit Mediator Jonathan Westen immediately by email (Jonathan_Westen@ca9.uscourts.gov ) if counsel has an unavoidable scheduling conflict. Please copy all counsel on any such communications. All communications should include the Ninth Circuit case name and number in the subject line. All discussions that take place in the context of the conference are confidential. See Cir. R. 33-1. For more detailed information about the assessment conference, confidentiality, the Mediation Program and its procedures generally, please see the attachment to this order and the Mediation Program web site: www.ca9.uscourts.gov/mediation. The briefing schedule previously established by the court remains in effect. See order for instructions and details. [Entered: 04/23/2024 03:54 PM]

RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 05/06/2024 02:53 PM]

EXCERPTS OF RECORD submitted for filing by Appellant PayServices Bank. [Entered: 05/28/2024 07:42 PM]

ORDER FILED. Opening Brief submitted at DE 9 by Appellant PayServices Bank is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 10 by Appellant PayServices Bank are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerk’s principal office.  [Entered: 05/29/2024 09:32 AM]

Paper copies (6) of Opening Brief submitted at DE 9 by Appellant PayServices Bank received. [Entered: 06/04/2024 04:42 PM]

ADDED Counsel for Appellee Meredith Karp [Entered: 06/20/2024 12:13 PM]

ORDER FILED. Streamlined Request for Extension of Time to File Answering Brief for 30 days (DE 17) granted. Amended briefing schedule: Answering Brief Due (Appellee) 7/29/2024. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 06/26/2024 01:22 PM]

EXCERPTS OF RECORD submitted for filing by Appellee Federal Reserve Bank of San Francisco. [Entered: 07/29/2024 08:44 PM]

AMICUS BRIEF and MOTION for leave to file amicus brief filed by Independent Community Bankers of America and Consumer Bankers Association. [Entered: 08/05/2024 08:31 AM]

AMICUS BRIEF by government or with consent submitted for filing by Board of Governors of the Federal Reserve System. [Entered: 08/05/2024 06:15 PM]

Paper copies (6) of Answering Brief submitted at DE 19 by Appellee Federal Reserve Bank of San Francisco received. [Entered: 08/06/2024 01:48 PM]

ORDER FILED. Amicus Brief submitted at DE 24 by Board of Governors of the Federal Reserve System is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 08/07/2024 11:48 AM]

Paper copies (6) of Amicus Brief submitted at DE 24 by Board of Governors of the Federal Reserve System received. [Entered: 08/09/2024 09:59 AM]

NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2024 and the subsequent sitting month in that location at http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation.  You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [24-2355] [Entered: 08/13/2024 03:03 PM]

REPLY BRIEF submitted for filing by Appellant PayServices Bank. [Entered: 08/15/2024 09:06 PM]

RESPONSE to notice of case being considered for oral argument filed by Jade A. Craig. [Entered: 08/15/2024 09:25 PM]

ORDER FILED. Reply Brief submitted at DE 34 by Appellant PayServices Bank is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerk’s principal office. [Entered: 08/19/2024 09:46 AM]

NOTICE OF ORAL ARGUMENT on Wednesday, December 4, 2024 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [24-2355] [Entered: 09/22/2024 06:49 AM]

CLERK ACTION:  Amicus Brief submitted at DE 22 by Independent Community Bankers of America and Consumer Bankers Association is filed. No additional paper copies are rerquired.  [Entered: 10/02/2024 10:11 AM]

ACKNOWLEDGMENT of hearing notice filed by Jade A. Craig for Appellant PayServices Bank. Hearing in San Francisco - Courtroom 1 in San Francisco, on 12/4/2024 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status:  I certify that I am admitted to practice before this Court.  [Entered: 11/13/2024 01:26 PM]

ORDER FILED. Timothy M. Tymkovich, Milan D. SMITH, Jr., Patrick J. BUMATAY This matter is before the court sua sponte to direct supplemental briefing addressing the impact on this appeal of Idaho’s revocation of PayServices’s preliminary approval for a state bank charter. At oral argument held on Dec. 4, 2024, counsel for the Federal Reserve Bank of San Francisco mentioned that Idaho revoked PayServices’s preliminary approval for a bank charter. This appears true. See Cease and Desist Issued to PayServices, IDAHO – DEPARTMENT OF FINANCE, https://www.finance.idaho.gov/pressrelease/cease-and-desist-issued-to-payservices/ (last visited Dec. 18, 2024). In full, the Idaho Department of Finance’s press release reads... No later than January 17, 2025, the parties shall submit simultaneous memorandum briefs addressing the following issues: 1. The status of PayServices’s Idaho state bank charter and any associated appellate proceedings. 2. Whether PayServices remains an “eligible depository institution” given Idaho’s revocation of its preliminary state bank charter. Aplt. Br. at 8. 3. If PayServices is no longer an “eligible depository institution,” whether the court should abate this case pending the outcome of PayServices’s appeal. Id. 4. Assuming Idaho upholds the revocation, why the court should not dismiss this case as moot. The parties’ memorandum briefs may be no longer than 10 double-spaced pages in 13- or 14- point Times New Roman font. The supplemental briefs need not comply with the content requirements of Fed. R. App. P. 28(a), but they should be organized in a manner that is helpful to the court. Hard copies need not be submitted. [SEE ORDER FOR FULL TEXT] [Entered: 12/19/2024 01:20 PM]

EXCERPTS OF RECORD submitted for filing by Appellee Federal Reserve Bank of San Francisco. [Entered: 01/17/2025 08:41 PM]

CLERK ACTION: Supplemental Brief submitted at DE 47 and Excerpts of Record in 1 Volume submitted at DE 48 by Appellee Federal Reserve Bank of San Francisco are filed. No paper copies are required.  [Entered: 01/21/2025 09:21 AM]

ORDER FILED. Timothy M. Tymkovich, Milan D. SMITH, Jr., Patrick J. BUMATAY This matter is before the court sua sponte to keep the above-captioned case in abeyance pending the outcome of PayServices’ administrative appeal and order further production of documents. This appeal is placed in abeyance pending the outcome of PayServices’ administrative appeal before the Idaho Department of Finance on February 19–20, 2025. The parties shall file a status report as to the status of the appeal by February 27, 2025 and every 30 days thereafter until the resolution of PayServices’ administrative appeal. Further, this court orders PayServices to file, within 14 days of the issuance of this order, the following documents related to its state proceedings: the August 3, 2022 letter from the Idaho Department of Finance granting PayServices’ preliminary charter; the October 16, 2023 letter from the Idaho Department of Finance granting PayServices an extension of their preliminary charter; the October 16, 2024 letter from the Idaho Department of Finance terminating PayServices’ preliminary charter; and, upon the resolution of PayServices’ administrative appeal, any explanation provided by the Idaho Department of Finance. [Entered: 01/24/2025 04:12 PM]

RESPONSE to Court Order (DE 52) UNDER SEAL filed by Appellant PayServices Bank.--[court entered filing of response submitted at DE 53] [Entered: 02/12/2025 04:36 PM]

STATUS REPORT filed by Appellant PayServices Bank. [Entered: 02/27/2025 04:59 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 04/28/2025 02:29 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 07/02/2025 03:06 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 09/02/2025 12:02 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 11/03/2025 04:23 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 11/20/2025 05:41 PM]

DEFECTIVE - STATUS REPORT filed by Appellant PayServices Bank.  [Wrong filing type used, corrected in DE 69.] [Entered: 12/02/2025 08:55 AM] [Edited: 12/02/2025 12:45 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 12/03/2025 12:16 PM]

DEFECTIVE - STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco.  [Wrong filing type used, corrected in DE 73.] [Entered: 12/08/2025 07:26 PM] [Edited: 12/09/2025 02:27 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 01/08/2026 10:10 AM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 03/12/2026 03:26 PM]

RESPONSE to Court Order (DE 52) filed UNDER SEAL by Appellant PayServices Bank.--[Court entered filing, originally filed at DE 77]--[COURT UPDATE: Corrected PDF (containing only sealed orders) attached as of 4/7/2026, REPLACING original attachment] [Entered: 04/03/2026 03:21 PM] [Edited: 04/07/2026 02:17 PM]

DEFECTIVE --- NOTICE of Filing Document Under Seal and Sealed Document Submitted for Filing filed by Appellee Federal Reserve Bank of San Francisco.--[Wrong filing type, correct entry is DE 81] [Entered: 04/08/2026 12:54 PM] [Edited: 04/10/2026 12:47 PM]

REPLY to Response to Court Order (DE 78) filed UNDER SEAL by Appellee Federal Reserve Bank of San Francisco.--[Court entered filing, originally filed with motion at DE 81] [Entered: 04/10/2026 12:50 PM]

STATUS REPORT filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 04/15/2026 12:27 PM]

RESPONSE to Court Order (DE 83) filed by Appellee Federal Reserve Bank of San Francisco.--[Court entered filing to correct DE 85] [Entered: 04/20/2026 01:50 PM]

CITATION of Supplemental Authorities (28j Letter) filed by Appellee Federal Reserve Bank of San Francisco. [Entered: 05/22/2026 05:04 PM]