Golden State Bank, a California Corporation v. First-Citizens Bank & Trust Company, a North Carolina corporation

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GOLDEN STATE BANK, a California
Corporation,
Plaintiff-Counter-Defendant -
Appellee,
v.
FIRST-CITIZENS BANK & TRUST
COMPANY, a North Carolina corporation,
Defendant-Counter-Claimant
- Appellant.
No. 10-56388
D.C. No. 5:10-cv-00526-GW-OP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Submitted January 11, 2011**
Before: BEEZER, TALLMAN and CALLAHAN, Circuit Judges.
First-Citizens Bank & Trust Company appeals from the district court’s order
expunging a lis pendens and ordering that certain real property not be sold or
FILED
JAN 20 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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encumbered without prior approval from the court or the arbitrator in the parties’
pending arbitration proceedings. Having conducted a review of the record, and the
briefing in this appeal, we conclude that the district court's order is not an order
granting, modifying or denying a preliminary injunction. 28 U.S.C.A. §
1292(a)(1). Consequently, this interlocutory appeal is dismissed for lack of
jurisdiction.
DISMISSED.

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