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Tiff, Plain Et Al., Defendant Case 1:09-cv-00190-OWW -GSA Document 13 Filed 06/03/09 Page 1 of 3 1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 1:09-CV-00190 OWW GSA 8 GILBERTO RAMOS, Plaintiff, ORDER RE MOTION TO SUBSTITUTE 9 FEDERAL DEPOSIT INSURANCE v. CORPORATION, AS RECEIVER FOR 10 INDYMAC BANK, F.S.B., AND AS NDEX WEST, LLC, et al., CONSERVATOR FOR INDYMAC FEDERAL 11 BANK, FSB, IN THE PLACE OF NAMED 12 Defendant. DEFENDANT INDYMAC FEDERAL BANK, FSB (DOCS. 3 & 9) 13 14 Before the court for decision is the Federal Deposit 15 Insurance Corporation’s (“FDIC”) motion to substi tute itself for 16 named defendant IndyMac Federal Bank, FSB. Docs. 3 & 9. At the 17 time the complaint in this case was filed, Plaintiff was 18 represented by Marjan Alitalaei of the law firm of M.W. Roth, 19 PLC. That law firm has ceased operations and the California 20 Superior Court for the County of Los Angeles has assumed 21 jurisdiction over the practice. See Doc. 6. Defendant was 22 instructed to, and did, serve a copy of this motion, along with a 23 notice of the scheduled hearing on June 1, 2009, on Plaintiff via 24 U.S. Mail at Plaintiff’s last known address, 13015 Monarch Palm 25 Avenue, Bakersfield, California, 93314. Doc. 9 (proof of 26 service). Plaintiff has filed no opposition. 27 On July 11, 2008, the Office of Thrift Supervision (“OTS”) 28 closed IndyMac Bank, F.S.B., and appointed an FDIC Receiver as 1 Case 1:09-cv-00190-OWW -GSA Document 13 Filed 06/03/09 Page 2 of 3 1 the receiver for the failed institution pursuant to 12 U.S.C. §§ 2 1464(d)(2)(A) and 1821(c)(5). The FDIC Receiver, as the 3 successor-in-interest to IndyMac FSB, assumed all of the failed 4 institution’s rights, titles, powers, and privileges, and began 5 liquidating its assets and liabilities. Also on July 11, 2008, 6 OTS chartered a new institution, IndyMac Federal Bank, FSB, and 7 appointed an FDIC Conservator as its operator. Many of the 8 assets and liabilities of the failed institution were transferred 9 to the new institution under the control of the FDIC Conservator. 10 The FDIC is currently operating in a dual capacity as the 11 Receiver for the failed institution and as Conservator for the 12 new one. As such, the FDIC stands in the shoes of both the old 13 and new institutions and operates as their successor. See 12 14 U.S.C. § 1821(d)(2)(describing FDIC’s powers as successor to 15 institution and to operate an institution). 16 On December 4, 2008, Plaintiff filed the instant complaint 17 against IndyMac Federal Bank, FSB, and several other 18 institutions, seeking monetary damages and to enjoin any 19 foreclosure of his home. 20 Federal Rule of Civil Procedure 25(c) provides that, when 21 there has been a transfer of interest from a party to a non- 22 party, the court may substitute the non-party in place of the 23 original party. When OTC appointed the FDIC Receiver for the 24 failed institution and Conservator of the new one, a transfer of 25 interest took place, as contemplated by Rule 25(c). See 26 Salazar v. Trustee Corps 2009 WL 690185, *2 (S.D. Cal. 2009) 27 (permitting substitution of FDIC where OTS appointed FDIC 28 Receiver of failed institution); FDIC v. Wrapwell Corp., 922 F. 2 Case 1:09-cv-00190-OWW -GSA Document 13 Filed 06/03/09 Page 3 of 3 1 Supp. 913, 917 (S.D.N.Y.1996) (same). 2 For the reasons set forth above, it is ORDERED that the FDIC 3 be substituted in the place of Defendant IndyMac Federal Bank, 4 FSB. 5 6 SO ORDERED 7 Dated: June 1, 2009 8 /s/ Oliver W. Wanger___ 9 Oliver W. Wanger 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 .
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