City of Miami v. Wells Fargo & Co., 923 F.3d 1260 (2019)

Citation: City of Miami v. Wells Fargo & Co., 923 F.3d 1260 (2019)
Parent Document: City of Miami v. Wells Fargo & Co., 923 F.3d 1260 (2019)
Jurisdiction: United States (federal)
Effective Date: 2019-05-03
Original Source: https://www.courtlistener.com/opinion/4616452/city-of-miami-v-wells-fargo-co/ ↗

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The operative complaints for our purposes are the First Amended Complaints in both cases. As
we explain, infra, the City appealed the denial of motions in both cases asking the district court
to reconsider the dismissal of its initial Complaints and to grant leave to file the First Amended
Complaints. After this panel reversed the decisions in September 2015, litigation proceeded in
the district court for some months before the Supreme Court granted the Banks’ petitions for
certiorari in June 2016. On remand from this Court, the City filed what it styled “Second
Amended Complaints,” (even though the First Amended Complaints had not technically been
filed), and both of these were dismissed on multiple grounds, but with leave to amend. Order
Granting Motion to Dismiss Second Amended Complaint, Bank of Am., No. 13-cv-24506 (Mar.
17, 2016) (No. 98); Order Granting Motion to Dismiss Second Amended Complaint, Wells
Fargo, No. 13-cv-24508 (Mar. 17, 2016) (No. 77). By the time the Supreme Court granted the
petition for certiorari, the City had filed Third Amended Complaints, and both Banks had moved
to dismiss these as well. See Defendants’ Motion to Dismiss Third Amended Complaint with
Prejudice and Request for Hearing, Bank of Am., No. 13-cv-24506 (May 16, 2016) (No. 103);
Wells Fargo’s Motion to Dismiss with Prejudice the City’s Third Amended Complaint and
Request for Hearing, Wells Fargo, No. 13-cv-24508 (May 24, 2016) (No 83). Both cases were
then stayed pending resolution in the Supreme Court. Order Staying Case Pending the Supreme
Court’s Disposition of Matters Now Before the Court, Bank of Am., No. 13-cv-24506 (July 13,
2016) (No. 128); Order Granting Unopposed Motion to Stay Further Proceedings Pending the
Supreme Court’s Disposition of Matters Now Before the Court, Wells Fargo, No. 13-cv-24508
(July 13, 2016) (No. 102). Since nothing had been appealed since the Second and Third
Amended Complaints were filed, the Supreme Court was explicit that it was looking to the First
Amended Complaints, see Bank of Am., 137 S. Ct. at 1301, and we do the same on remand.
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Case: 14-14544 Date Filed: 05/03/2019 Page: 9 of 76

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