William Kivett v. Flagstar Bank, Fsb

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 22 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM KIVETT; et al., No. 21-15667

Plaintiffs-Appellees, D.C. No. 3:18-cv-05131-WHA

v.

MEMORANDUM*

FLAGSTAR BANK, FSB,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

On Remand from the United States Supreme Court

Before: BYBEE and R. NELSON, Circuit Judges, and BOLTON,** District Judge.

Flagstar Bank, FSB (“Flagstar”), a midsize federal savings bank operating in

all fifty states, appealed the district court’s order granting summary judgment to

William Kivett, Bernard Bravo, and Lisa Bravo. The three are representatives of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. former and current mortgagors to whom Flagstar never paid interest on escrow

(“IOE”),…