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VATHANA v. EVERBANK

No. 12-15587.

770 F.3d 1272 (2014)

Ek VATHANA, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. EVERBANK, aka EverBank Direct, aka EverBank Federal Savings Association; Everbank Financial Corp.; Everbank World Markets, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2014.

Attorney(s) appearing for the Case

Michael Millen (argued), Law Office of Michael Millen, Los Gatos, CA, for Plaintiff-Appellant.

Deborah S. Birnbach (argued), Goodwin Procter LLP, Boston, MA; Robert B. Bader , Goodwin Procter LLP, San Francisco, CA; William M. Jay , Goodwin Procter LLP, Washington, D.C., for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, and DIARMUID F. O'SCANNLAIN and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

Ek Vathana and a certified class of EverBank customers purchased EverBank WorldCurrency certificates of deposit (CDs) denominated in Icelandic króna (ISK), which matured between October 8, 2008, and December 31, 2008. They appeal the district court's order granting summary judgment for EverBank on their breach of contract action. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part and reverse in part....

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