AMERICAN BANKERS ASSOCIATION v. LOCKYER

FRANK C. DAMRELL, JR., United States District Judge

WHEREAS, on or around May 31, 2002, plaintiffs American Bankers Association, America's Community Bankers, Chase Manhattan Bank USA, N.A., Citibank (South Dakota). N.A., Consumer Bankcrs Association, First U.S.A. Bank, N.A., Household Bank (SB), N.A., Independent Community Bankers of America, MENA America Bank, N.A., and National Association of Federal Credit Unions (collectively, "Plaintiffs") filed an Application for Preliminary injunction in the above-entitled action, seeking an order preliminary enjoining defendants Bill Lockyer, Attorney General of the State of California, and Kathleen Hamilton, Director of the California Department of Consumer Affairs (together, the "Defendants") from enforcing any action against Plaintiffs and the member financial institutions of Plaintiff trade associations, under or with respect to any alleged violation of California Civil Code § 1748.13 (hereinafter, the "Statute");

WHEREAS, Plaintiffs' Application was based both on the First Cause of Action asserting federal preemption of the Statute and the Second Cause of Action asserting that the Statute violates the Commerce Clause;

WHEREAS, on July 17, 2002, the complaint in this action was amended to add Credit Union National Association, Inc., as a Plaintiff;

WHEREAS, on June 28, 2002, the Court entered an order temporarily staying the effective date of the Statute pending a further hearing on the Plaintiffs' Application for Preliminary injunction (hereinafter. "Plaintiffs' Application"), set for November 8, 2002;

WHEREAS, on or about September 20, 2002, Plaintiffs filed a Motion for Summary Judgment and Permanent Injunctive Relief (hereinafter, "Plaintiffs" Motion for Summary Judgment") based on Plaintiffs' First Cause of Action asserting federal preemption of the Statute;

WHEREAS, on October 2, 2002, the Court rescheduled the hearing on Plaintiffs' Application and Motion for Summary Judgment for December 6, 2002;

WHEREAS, the hearing on the Plaintiffs' Application and Motion for Summary Judgment occurred on December 6, 2002;

WHEREAS, on December 6, 2002, the Court entered an order extending the date of the temporary injunction until it issued a decision on Plaintiffs' Application and Motion for Summary Judgment; and

WHEREAS, on December 23, 2002, the Court entered an order (hereinafter, the "December 23 Judgment") granting Plaintiffs' Motion for Summary Judgment as to all federally chartered card issuers, within the meaning of California Civil Code § 1748.13, (hereinafter "Card Issuers"), permanently enjoining Defendants from enforcing the Statute against all federally chartered Card Issuers, and denying Plaintiffs' Application for Preliminary Injunction as moot;

NOW THEREFORE, Plaintiffs and Defendants, by and through their respective counsel, hereby stipulate as follows:

1. The injunction issued by order of the Court on December 23, 2002 shall apply with respect to all non-federally chartered Card Issuers so long as said injunction remains in effect with respect to federally chartered Card Issuers.

2. Plaintiffs' claims under the Commerce Clause and 42 U.S.C. § 1983 shall accordingly be dismissed as moot.

3. This stipulation may be executed in counterparts and by facsimile.

Based upon the foregoing Stipulation of the parties, and good cause appearing therefor, IT IS HEREBY ORDERED.