Lee v. Foris Dax, Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 25, 20243:24-cv-06194California6,418 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JUNG MIN LEE, Case No. 24-cv-06194-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND, STAYING CLAIMS IN

PART, AND GRANTING MOTIONS

FORIS DAX, INC., et al., TO DISMISS Defendants. Re: Dkt. Nos. 7, 9, 13, 22,

Plaintiff Jung Min Lee (“Lee”) alleges that defendants First Republic Bank (receiver, Federal Deposit Insurance Corporation) (“FDIC-R”), Foris DAX (d/b/a Crypto.com), and former First Republic Bank employee Catherine Evans (collectively, the “defendants”), enabled unknown internet cryptocurrency scammers to take advantage of her elderly husband by enticing him to withdraw fiat currency from various accounts that he held at First Republic Bank and invest those funds in fraudulent cryptocurrency ventures. Lee wants me to remand the case to the Superior Court of California, County of San Francisco. But FDIC-R’s removal pursuant to 12 U.S.C. § 1819(b)(2)(B) and 28 U.S.C. § 1441(a) was proper, and Lee’s…

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