Whether the Ninth Circuit Memorandum conflicts with the Supreme Court decision in Rodriguez

QUESTIONS PRESENTED This case presents an important issue of the failure of lower courts to adhere to relevant Supreme Court decisions, Rodriguez v. FDIC, as Receiver for United Western Bank, 589 U.S. ___, 140 S.Ct 713 (2020) (“Rodriguez”), and United States v. Wong, 575 U.S. 402 (2015) (“Wong”). The questions presented are: 1. Whether the Ninth Circuit Memorandum conflicts with the Supreme Court decision in Rodriguez, which confirmed that the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) is not applicable to tax refund determination declaratory judgment actions between a parent and the FDIC as Receiver for a subsidiary pursuant to tax allocation agreements. 2. Whether the Ninth Circuit Memorandum engaged in federal common lawmaking contrary to the Supreme Court decision in Rodriguez, by disregarding the United States Code, and the express jurisdiction provided therein by 12 U.S.C. § 1821(d)(6)(A)Gi). 3. Whether the Ninth Circuit Memorandum conflicts with the Supreme Court decision in Wong, whereby the FIRREA claims filing date provision is an administrative claims processing rule and is not jurisdictional. u RULE 29.6 DISCLOSURE STATEMENT Clark County Bancorporation has no parent corporation, and no publicly held company owns 10% or more of its stock. RELATED CASES 1. Clark Cnty. Bancorporation v. FDIC as Receiver, No. 19-35097, U.S. Court of Appeals for the Ninth Circuit. Judgment entered May 21, 2021. 2. Clark Cnty. Bancorporation v. FDIC as Receiver, No. C14-5816; C14-5852, consolidated under No. C14-5816, U.S. District Court for the Western District of Washington. Judgment entered January 10, 2019 (C14-5852 had been commenced in the U.S. District Court for the District of Columbia, Clark Cnty. Bancorporation v. FDIC as Receiver, et al., No. 14-01304, thereafter transferred on October 27, 2014 from the U.S. District Court for the District of Columbia to the U.S. District Court for the Western District of Washington and assigned therein No. C145852). 3. Clark Cnty. Bancorporation v. U.S. Dep't of Treasury, et al., No. 13-632, U.S. District Court for the District of Columbia. Judgment entered Sept. 19, 2014.