In a dispute between the Philadelphia Stock Exchange and a member, order dismissing plaintiff-member's motion for a temporary restraining order is vacated and remanded with instructions to dismiss the action for lack of proper subject matter jurisdiction where the district court lacked proper subject matter jurisdiction over the action as plaintiff failed to exhaust the available administrative remedies provided by the Exchange Act, and two exceptions to the exhaustion requirement did not apply.
On Appeal from the District Court for the Eastern District of Pennsylvania (No. 07-cv-05543)
District Judge: Honorable Anita B. Brody
Argued March 12, 2009
Opinion Filed August 17, 2009
Honorable A. Wallace Tashima, Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation.
Before: FUENTES, CHAGARES, and TASHIMA, Circuit Judges
Opinion by Circuit Judge Fuentes