Palmer v. HSBC Bank, USA, N.A.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LAWRENCE PALMER, et al., Case No. 22-cv-02178-VC

Plaintiffs,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

HSBC BANK, USA, N.A., Re: Dkt. No. 144 Defendant.

The motion for summary judgment is granted. This ruling assumes that the reader is familiar with the record and the arguments made by both parties. 1. Standing. Mrs. Palmer suggests that she lacks standing, and so the Court should remand the case to state court. Judge Corley previously held that Mr. Palmer had standing based on the Ninth Circuit’s opinion in Nayab v. Capital One Bank (USA), N.A., 942 F.3d 480, 490 (9th Cir. 2019). Dkt. No. 44. Mrs. Palmer argues that the Supreme Court’s intervening decision in TransUnion v. Ramirez calls that analysis into question. 141 S. Ct. 2190 (2021). But TransUnion is easily distinguishable: there, the Court held that certain plaintiffs had not suffered any concrete harm—and therefore lacked standing—because their false credit files were not disseminated to any third party. Id. at 2209–13. Here, in contrast, Mr. Palmer’s personal information was shared with HSBC (and Mrs.…