American Bankers Association the Financial Services Roundtable Consumer Bankers Association v. Howard Gould, in His Official Capacity as Commissioner of the Department of Financial Institutions of the State of California William P. Wood, in His Official Capacity as Commissioner of the Department of Corporations of the State of California John Garamendi, in His Official Capacity as Commissioner of the Department of Insurance of the State of California Bill Lockyer, in His Official Capacity as Attorney General of California, American Bankers Association the Financial Services Roundtable Consumer Bankers Association v. Howard Gould, in His Official Capacity as Commissioner of the Department of Financial Institutions of the State of California William P. Wood, in His Official Capacity as Commissioner of the Department of Corporations of the State of California John Garamendi, in His Official Capacity as Commissioner of the Department of Insurance of the State of California Bill Lockyer, in His Official Capacity as Attorney General of California

412 F.3d 1081 AMERICAN BANKERS ASSOCIATION; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellants, v. Howard GOULD, in his official capacity as Commissioner of the Department of Financial Institutions of the State of California; William P. Wood, in his official capacity as Commissioner of the Department of Corporations of the State of California; John Garamendi, in his official capacity as Commissioner of the Department of Insurance of the State of California; Bill Lockyer, in his official capacity as Attorney General of California, Defendants-Appellees. American Bankers Association; The Financial Services Roundtable; Consumer Bankers Association, Plaintiffs-Appellants, v. Howard Gould, in his official capacity as Commissioner of the Department of Financial Institutions of the State of California; William P. Wood, in his official capacity as Commissioner of the Department of Corporations of the State of California; John Garamendi, in his official capacity as Commissioner of the Department of Insurance of the State of California; Bill Lockyer, in his official capacity as Attorney General of California, Defendants-Appellees. No. 04-16334. No.…