Scap 9, LLC v. Financial Industry Regulatory Authority, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCAP 9, LLC, No. 23-15627

Plaintiff-Appellant, D.C. No. 3:22-cv-00380-MMD-CLB v.

FINANCIAL INDUSTRY REGULATORY MEMORANDUM*

AUTHORITY, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted March 11, 2024 San Francisco, California

Before: S.R. THOMAS, McKEOWN, and CHRISTEN, Circuit Judges.

SCAP 9, LLC (“SCAP”) appeals from the district court’s judgment

dismissing its action for alleged injuries suffered as a result of an enforcement

action taken by the Financial Industry Regulatory Authority, Inc. (“FINRA”)

against SCAP’s affiliate, Alpine Securities Corporation (“Alpine”). We have

jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the grant of a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. motion to dismiss, and we…