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NOTICE OF MOTION AND MOTION to Dismiss filed by Defendant CitiGroup Inc., Citibank… — Agent Fee Litigation (Dkt. 27)
Summary
A notice of motion and motion to dismiss filed May 18, 2020 by specially appearing defendant Citigroup Inc. and defendant Citibank, N.A. in American Video Duplicating, Inc. v. Citigroup Inc., Case No. 2:20-cv-03815-ODW-AGR, in the U.S. District Court for the Central District of California. The motion seeks dismissal under Rule 12(b)(1), arguing the plaintiffs lack standing and their claims are not ripe, and under Rule 12(b)(6) for failure to state a claim under their three causes of action. Citigroup also moves under Rule 12(b)(2) for lack of personal jurisdiction. The notice sets a hearing for June 22, 2020 before Judge Otis D. Wright II and states that the L.R. 7-3 conference of counsel took place on May 11, 2020. It is Document 27, three pages, signed by counsel at Mayer Brown LLP.
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No. 2:20-cv-03815-ODW-AGR · Doc. 27 · Docket on CourtListener
Full text
Case 2:20-cv-03815-ODW-AGR Document 27 Filed 05/18/20 Page 1 of 3 Page ID
#:98
1
MAYER BROWN LLP
2 BRONWYN F. POLLOCK (SBN 210912)
bpollock@mayerbrown.com
3 350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
4 Telephone: (213) 229-9500
Facsimile: (213) 625-0248
5
MAYER BROWN LLP
6 LUCIA NALE (Admitted Pro Hac Vice)
lnale@mayerbrown.com
7 THOMAS V. PANOFF (Admitted Pro Hac Vice)
tpanoff@mayerbrown.com
8 CHRISTOPHER S. COMSTOCK (Admitted Pro Hac Vice)
ccomstock@mayerbrown.com
9 ANDREW J. SPADAFORA (Admitted Pro Hac Vice)
aspadafora@mayerbrown.com
10 71 South Wacker Drive
Chicago, IL 60606-7463
11 Telephone: (312) 782-0600
Facsimile: (312) 701-7711
12
Attorneys for Specially Appearing Defendant CITIGROUP, INC. and
13 Defendant CITIBANK, N.A.
14 UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA
16
AMERICAN VIDEO DUPLICATING, Case No. 2:20-cv-03815-ODW-
17 INC., a California corporation; TUSH LAW AGR
18 LTD., a California limited partnership, and
KENNETH M. HAHN, a sole proprietor, NOTICE OF MOTION AND
19 MOTION TO DISMISS BY
DBA CAL STATE FINANCIAL, SPECIALLY APPEARING
20 individually and on behalf of a class of DEFENDANT CITIGROUP
similarly situation businesses and individuals, INC. AND DEFENDANT
21 CITIBANK, N.A. [Fed. R. Civ.
P. 12(b)(1), 12(b)(6), & 12(b)(2)]
22 Plaintiffs,
Date: June 22, 2020
23 v. Time: 1:30
Judge: Hon. Otis D. Wright II
24 CITIGROUP INC., CITIBANK, N.A.; U.S. Court: Courtroom 5D
BANCORP., U.S. BANK, N.A.; First Street Courthouse
25 JPMORGAN CHASE & CO., JPMORGAN 350 W. 1st Street
CHASE BANK, N.A., WELLS FARGO & Los Angeles, CA 90012
26 CO., WELLS FARGO N.A.; BANK OF
AMERICA CO., BANK OF AMERICA Complaint Filed: April 27, 2020
27 N.A.; MUFG BANK LTD., MUFG UNION
BANK N.A.; LIVE OAK BANKSHARES
28 INC., LIVE OAK BANKING COMPANY;
PAYPAL HOLDINGS, INC.; NEWTEK
NOTICE OF MOTION AND MOTION TO DISMISS BY SPECIALLY APPEARING DEFENDANT
CITIGROUP INC. AND DEFENDANT CITIBANK, N.A.; CASE NO. 2:20-CV-03815-ODW-AGR
Case 2:20-cv-03815-ODW-AGR Document 27 Filed 05/18/20 Page 2 of 3 Page ID
#:99
1 BUSINESS SERVICES, INC.; HAVEST
SMALL BUSINESS FINANCE; and; DOE
2 LENDERS 1 to 4,975, inclusive,
3 Defendants.
4
5 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:
6 PLEASE TAKE NOTICE that on June 22, 2020 at 1:30 p.m. in Courtroom
7 5D, before Judge Otis D. Wright II, or as soon thereafter as the matter may be
8 heard in the above-entitled Court, located at 350 W. 1st Street, Los Angeles, CA
9 90012, specially appearing Defendant Citigroup Inc. (“Citigroup”) and Defendant
10 Citibank, N.A. (“Citibank,” and together, the “Citi Defendants”)1 will and hereby
11 do, move this Court to dismiss the claims against them in this case pursuant to Fed.
12 R. Civ. P. (“Rule”) 12(b)(1) for lack of subject matter jurisdiction. Because there
13 are no allegations at all demonstrating any connection between any of the named
14 Plaintiffs and either of the Citi Defendants, let alone any specific factual
15 allegations, Plaintiffs lack standing to maintain any claims against the Citi
16 Defendants. In addition, Plaintiffs’ claims are not yet ripe for adjudication. Citi
17 Defendants also move to dismiss the claims against them pursuant to Rule 12(b)(6)
18 because Plaintiffs fail to plead a “short and plain statement” of a claim against
19 either Citi Defendant, and Plaintiffs cannot allege facts that support a plausible
20 claim for relief under any of their three purported causes of action. Also, Citigroup
21 moves to dismiss the claims against it pursuant to Rule 12(b)(2) because Citigroup
22 is not subject to personal jurisdiction in this Court.
23 The Motion to Dismiss is based upon this Notice of Motion and Motion, the
24 accompanying Memorandum of Points and Authorities, the operative pleadings, all
1
25 Defendant Citigroup Inc. enters a special appearance in order to challenge
this Court’s jurisdiction over it. Citigroup Inc. is not an entity that processes loans
26 under the CARES Act. Instead, Citigroup Inc. is a financial holding company
under section 4(k) and (1) of the Bank Holding Company Act of 1956. Plaintiffs
27 have not alleged any facts whatsoever as to why Citigroup Inc., the financial
28 holding company, is a proper defendant or subject to any order here.
NOTICE OF MOTION AND MOTION TO DISMISS BY SPECIALLY APPEARING DEFENDANT
CITIGROUP INC. AND DEFENDANT CITIBANK, N.A.; CASE NO. 2:20-CV-03815-ODW-AGR
Case 2:20-cv-03815-ODW-AGR Document 27 Filed 05/18/20 Page 3 of 3 Page ID
#:100
1 matters upon which this Court has taken and/or may take judicial notice, and upon
2 such evidence and argument, both written and oral, as may be introduced at, or
3 prior to, the hearing on this Motion. This Motion is made following the conference
4 of counsel pursuant to L.R. 7-3 which took place on May 11, 2020.
5
Dated: May 18, 2020 MAYER BROWN LLP
6
By: /s/ Bronwyn F. Pollock
7 Bronwyn F. Pollock (SBN 210912)
8 Lucia Nale (Admitted Pro Hac Vice)
Thomas V. Panoff (Admitted Pro Hac Vice)
9 Christopher S. Comstock (Admitted Pro Hac Vice)
Andrew J. Spadafora (Admitted Pro Hac Vice)
10
Attorneys for Specially Appearing Defendant
11 CITIGROUP INC. and Defendant CITIBANK, N.A.
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NOTICE OF MOTION AND MOTION TO DISMISS BY SPECIALLY APPEARING DEFENDANT
CITIGROUP INC. AND DEFENDANT CITIBANK, N.A.; CASE NO. 2:20-CV-03815-ODW-AGR
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