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Tiff, Plain Et Al., Defendant Case 1:09-cv-00190-OWW -GSA Document 14 Filed 06/26/09 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 CORRECTING FILING TIME OF 9 ORDER RE MOTION TO SUBSTITUTE v. FEDERAL DEPOSIT INSURANCE 10 CORPORATION, AS RECEIVER FOR NDEX WEST, LLC, et al., INDYMAC BANK, F.S.B., AND AS 11 CONSERVATOR FOR INDYMAC FEDERAL 12 Defendant. BANK, FSB, IN THE PLACE OF NAMED DEFENDANT INDYMAC FEDERAL BANK, 13 FSB (DOCS. 3 & 9) 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 1 Case 1:09-cv-00190-OWW -GSA Document 14 Filed 06/26/09 Page 2 of 3 1 closed IndyMac Bank, F.S.B., and appointed an FDIC Receiver as 2 the r eceiver for the failed institution pursuant to 12 U.S.C. §§ 3 1464(d)(2)(A) and 1821(c)(5). The FDIC Receiver, as the 4 successor-in-interest to IndyMac FSB, assumed all of the failed 5 institution’s rights, titles, powers, and privileges, and began 6 liquidating its assets and liabilities. Also on July 11, 2008, 7 OTS chartered a new institution, IndyMac Federal Bank, FSB, and 8 appointed an FDIC Conservator as its operator. Many of the 9 assets and liabilities of the failed institution were transferred 10 to the new institution under the control of the FDIC Conservator. 11 The FDIC is currently operating in a dual capacity as the 12 Receiver for the failed institution and as Conservator for the 13 new one. As such, the FDIC stands in the shoes of both the old 14 and new institutions and operates as their successor. See 12 15 U.S.C. § 1821(d)(2)(describing FDIC’s powers as successor to 16 institution and to operate an institution). 17 On December 4, 2008, Plaintiff filed the instant complaint 18 against IndyMac Federal Bank, FSB, and several other 19 institutions, seeking monetary damages and to enjoin any 20 foreclosure of his home. 21 Federal Rule of Civil Procedure 25(c) provides that, when 22 there has been a transfer of interest from a party to a non- 23 party, the court may substitute the non-party in place of the 24 original party. When OTC appointed the FDIC Receiver for the 25 failed institution and Conservator of the new one, a transfer of 26 interest took place, as contemplated by Rule 25(c). See Salazar 27 v. Trustee Corps 2009 WL 690185, *2 (S.D. Cal. 2009) (permitting 28 substitution of FDIC where OTS appointed FDIC Receiver of failed 2 Case 1:09-cv-00190-OWW -GSA Document 14 Filed 06/26/09 Page 3 of 3 1 institution); FDIC v. Wrapwell Corp., 922 F. Supp. 913, 917 2 (S.D.N.Y. 1996) (same). 3 For the reasons set forth above, it is ORDERED that the FDIC 4 be substituted in the place of Defendant IndyMac Federal Bank, 5 FSB. This order was originally signed June 1, 2009, but not 6 docketed until June 3, 2009. This order is effective, NUNC PRO 7 TUNC, as of 9:00 a.m. on June 1, 2009. 8 9 SO ORDERED 10 Dated: June 1, 2009 11 /s/ Oliver W. Wanger___ 12 Oliver W. Wanger 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 .
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