PAATALO v. JPMORGAN CHASE BANK (2018)

United States Court of Appeals, Ninth Circuit.

William J. PAATALO, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, N.A. and Washington Mutual Bank, F.A., Defendants-Appellees.

No. 16-35818

Decided: June 07, 2018

Before: M. SMITH and MURGUIA, Circuit Judges, and HELLERSTEIN,** District Judge.

John Cochran, IV, Attorney, Pacific Property Law LLC, Forest Grove, OR, Charles Thomas Marshall, Charles T. Marshall, Attorney at Law, San Diego, CA, for Plaintiff-Appellant Kaley Louise Fendall, Kevin Hisashi Kono, Attorney, Davis Wright Tremaine, LLP, Portland, OR, Alan E. Schoenfeld, Frederick B. Burnside, Esquire, Davis Wright Tremaine LLP, Seattle, WA, for Defendant-Appellee

MEMORANDUM ***

Plaintiff-Appellant William J. Paatalo appeals from the district court's order granting summary judgment to Defendants-Appellees JPMorgan Chase Bank, N.A. (Chase), and Washington Mutual Bank, F.A. (WaMu). Because the district court lacked subject matter jurisdiction over the action, we vacate the judgment below and dismiss Paatalo's action without prejudice. See Kelly v. Fleetwood Enters., Inc., 377 F.3d 1034, 1036 (9th Cir. 2004).

Paatalo did not exhaust his claim for declaratory relief through the administrative claims process under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). See 12 U.S.C. § 1821(d)(3)–(10). Because “FIRREA strips courts of jurisdiction over claims that have not been exhausted through this process,” Rundgren v. Wash. Mut. Bank, FA, 760 F.3d 1056, 1060 (9th Cir. 2014) (citing 12 U.S.C. § 1821(d)(13)(D) ); see also Benson v. JPMorgan Chase Bank, N.A., 673 F.3d 1207, 1209 (9th Cir. 2012) (“[A] claim asserted against a purchasing bank based on the conduct of a failed bank must be exhausted under FIRREA.”), the district court lacked subject matter jurisdiction over Paatalo's claim.

VACATED and DISMISSED.

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