ZABRISKIE v. FEDERAL NAT. MORTG. ASSOCIATION

No. 17-15807 17-16000.

940 F.3d 1022 (2019)

Richard ZABRISKIE; Kristin Zabriskie, Plaintiffs-Appellees, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2019.

Amended October 8, 2019.


Attorney(s) appearing for the Case

Deanne E. Maynard (argued), Brian E. Matsui , and Seth W. Lloyd , Morrison & Foerster LLP, Washington, D.C.; Michael B. Miller , Morrison & Foerster LLP, New York, New York; for Defendant-Appellant.

Sylvia A. Goldsmith (argued), Goldsmith & Associates, LLC, Rocky River, Ohio; Paul B. Mengedoth , Mengedoth Law PLLC, Scottsdale, Arizona; Jennifer D. Bennett , Public Justice P.C., Oakland, California; for Plaintiffs-Appellees.

Dinita L. James , Gonzalez Law, LLC, Tempe, Arizona, for Amicus Curiae Federal Housing Finance Agency.

Christian Schreiber , Chavez & Gertler LLP, Mill Valley, California, for Amici Curiae National Association of Consumer Advocates and National Consumer Law Center.

Jonathan Weissglass , Law Office of Jonathan Weissglass, Oakland, California, for Amici Curiae Consumer Law Scholars.

John G. Albanese , Berger Montague PC, Minneapolis, Minnesota, for Amici Curiae East Bay Community Law Center, Rubicon Programs, William E. Morris Institute for Justice, National Resource Center on Domestic Violence, National Housing Law Project, National Consumer Law Center, Greater Boston Legal Services Cori & ReEntry Project, Massachusetts Law Reform Institute, Human Rights at Home Clinic & Harvard Legal Aid Bureau.

Seth E. Mermin and Hanne Jensen , Center for Consumer Law & Economic Justice, UC Berkeley School of Law, Berkeley, California, for Amicus Curiae UC Berkeley Center for Consumer Law & Economic Justice.

Catherine Ruckelshaus , National Employment Law Project, New York, New York, for Amici Curiae National Employment Law Project, JustLeadershipUSA, Towards Justice, Legal Action Center, and Community Service Society of New York.

Robert Ferguson , Attorney General; Shannon Smith , Senior Counsel; Amy Teng , Assistant Attorney General; Office of the Attorney General, Seattle, Washington; Kevin G. Clarkson , Attorney General, Anchorage, Alaska; Xavier Becerra , Attorney General, Sacramento, California; Clare E. Connors , Attorney General, Honolulu, Hawaii; Ellen F. Rosenblum , Attorney General, Salem, Oregon; for Amici Curiae States of Alaska, California, Hawaii, Oregon, and Washington.

Christian Schreiber , Olivier Schreiber & Chao LLP, San Francisco, California, for Amici Curiae National Association of Consumer Advocates, United States Public Interest Research Group Education Fund, Inc., Americans for Financial Reform Education Fund, Center for Responsible Lending, and Consumer Reports.

Emmy L. Levens , Cohen Milstein Sellers & Toll PLLC, Washington, D.C., for Amicus Curiae Public Rights Project and Supporting Cities.

Dissent by Judge Lasnik.


ORDER

The opinion filed on January 9, 2019, and published at 912 F.3d 1192, is amended by the opinion and dissent filed concurrently with this order.

With these amendments, Judges Wallace and Graber have voted to deny Appellees' petition for panel rehearing. Judge Lasnik has voted to grant it. Judge Graber has voted to deny Appellees' petition for rehearing en banc, and Judge Wallace has so recommended. Judge Lasnik has...

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