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Home Source documents Response to Court Order — No. 24-2355 (Dkt. 86, 9th Cir.)

Response to Court Order — No. 24-2355 (Dkt. 86, 9th Cir.)

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            Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 1 of 6




                            No. 24-2355
__________________________________________________________________

           IN THE UNITED STATES COURT OF APPEALS
                   FOR THE NINTH CIRCUIT


                            PAYSERVICES BANK,

                                      Plaintiff-Appellant,

                                     v.

               FEDERAL RESERVE BANK OF SAN FRANCISCO,

                                      Defendant-Appellee.

              On Appeal from the United States District Court
                         for the District of Idaho
                         No. 1:23-cv-00305-REP
                     Hon. Raymond E. Patricco, Jr.


       RESPONSE TO PAYSERVICES’ SEALED DOCUMENTS
                       (REDACTED)


                                       Jonathan K. Youngwood
                                       Simpson Thacher & Bartlett LLP
                                       425 Lexington Avenue
                                       New York, NY 10017
                                       Telephone: (212) 455-3539
                                       jyoungwood@stblaw.com

                                       Attorney for Appellee Federal Reserve
                                       Bank of San Francisco
               Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 2 of 6




      Defendant-Appellee Federal Reserve Bank of San Francisco (“FRBSF”)

hereby responds to Plaintiff-Appellant PayServices Bank’s (“PayServices”) April 2,

2026 Motion to Submit Sealed Documents. ECF No. 77.1 (the “Motion to Submit

Sealed Documents”).

      FRBSF submits this brief to respond to PayServices’ statement in its Motion

to Submit Sealed Documents that it filed the documents in order to “obtain a final

decision from this Court.” ECF No. 77.1 at 2. FRBSF respectfully submits that this

appeal should remain in abeyance because the administrative appeal referenced in

this Court’s January 24, 2025 order has not yet been resolved.

      On October 16, 2024, the Idaho Department of Finance terminated

PayServices’ preliminary approval to operate a bank in Idaho. PayServices did not

stop using “PayServices Bank” and, in response, the Idaho Department issued a

cease and desist Order directing PayServices immediately to stop using “bank” in its

name (the “Cease-and-Desist Order”).1

      PayServices appealed the rescission of its preliminary approval to an Idaho

administrative law judge.2 And, on January 24, 2025, this Court held the case “in



1
  See Cease and Desist Issued to PayServices, Idaho Dep.’t of Fin.,
https://www.finance.idaho.gov/wp-content/uploads/legal/administrative-
actions/financial-institutions/documents/Cease-Desist-Order-Payservices.pdf (last
visited
2
        Apr. 7, 2026).
  FRBSF does not have access to documents and information relating to
PayServices’ administrative appeal outside of those provided to the Court by
PayServices.
                Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 3 of 6




abeyance pending the outcome” of PayServices’ administrative appeal and ordered

PayServices “upon the resolution of PayServices’ administrative appeal” to file,

among other things, “any explanation provided by the Idaho Department of

Finance.” ECF No. 52.1 (emphasis added).

      On November 18, 2025, PayServices notified this Court that the Idaho

Department of Finance’s rescission of PayServices’ preliminary approval to operate

a bank in Idaho had been reversed pending remand as effected by orders dated

September 8 (“Sep. 8 Order”) and November 5 (“Nov. 5 Order”) (together, “ALJ

Orders”). ECF No. 65.1. On November 24, 2025, the Court directed PayServices

to file copies of the ALJ Orders. ECF No. 67.1.

      On April 2, 2026, PayServices filed the ALJ Orders pursuant to the Motion to

Seal, claiming in part that it was doing so in order to obtain a final decision in this

matter. ECF No. 77.1. However, the ALJ Orders do not resolve PayServices’

administrative appeal or provide an “explanation provided by the Idaho Department

of Finance” as to the resolution of PayServices’ administrative appeal, as directed in

the Court’s January 24, 2025 order. ECF No. 52.1.

      Specifically, the Sep. 8 Order remanded the case to the Idaho Department of

Finance to



                                   ECF No. 77.1 at 21 (Sep. 8 Order at 7).

                                           2
               Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 4 of 6




      Further, while the Nov. 5 Order




                                          ECF No. 77.1 at 27 (Nov. 5 Order at 3).

      Thus, the outcome of PayServices’ administrative appeal remains pending

until the Idaho Department of Finance makes a final determination on remand.

Accordingly, the condition identified by this Court for lifting abeyance—“the

outcome” or “resolution” of the administrative appeal—has not yet been satisfied.

See ECF No. 52.1. For those reasons, FRBSF respectfully submits that this case

should remain in abeyance until the Idaho Department of Finance completes the

remand proceedings and issues a final ruling in PayServices’ administrative appeal.




                                         3
              Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 5 of 6




Date: April 8, 2026


                                            Simpson Thacher & Bartlett LLP

                                            /s/ Jonathan K. Youngwood
                                            Jonathan K. Youngwood

                                            Attorney for Appellee Federal Reserve
                                            Bank of San Francisco




                                        4
               Case: 24-2355, 04/20/2026, DktEntry: 86.1, Page 6 of 6




                 CERTIFICATE OF FILING AND SERVICE

      I hereby certify that on this 20th day of April, 2026, I electronically filed the

foregoing with the Clerk of Court for the United States Court of Appeals for the

Ninth Circuit by using the appellate CM/ECF system.

                                            s/ Jonathan K. Youngwood
                                            Jonathan K. Youngwood
                                            Simpson Thacher & Bartlett LLP
                                            425 Lexington Avenue
                                            New York, NY 10017
                                            Telephone: (212) 455-3539
                                            jyoungwood@stblaw.com

                                            Attorney for Appellee Federal Reserve
                                            Bank of San Francisco


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