Bkwspokane

FILED

NOT FOR PUBLICATION

SEP 13 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BKWSPOKANE, LLC, No. 14-35284

Plaintiff - Appellant, D.C. No. 2:12-cv-00521-TOR

v.

MEMORANDUM*

FEDERAL DEPOSIT INSURANCE

CORPORATION, as Receiver for Bank of Whitman; COLUMBIA STATE BANK,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, Chief District Judge, Presiding

Argued and Submitted September 1, 2016 Seattle, Washington

Before: SCHROEDER, McKEOWN, and DAVIS,** Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Andre M. Davis, Senior Circuit Judge for the U.S. Court of Appeals for the Fourth Circuit, sitting by designation. Appellant BKWSpokane, LLC, the owner of a commercial building in

downtown Spokane, Washington, appeals several orders of the district court.

Specifically, BKWSpokane contends that the district court erred by (1) entering

summary judgment in favor of Appellee Federal Deposit…