First Financial Bank NA v. Claassen et al
ORDER granting 8 FDIC's Motion to Dismiss, Counterclaims against FDIC or IUB-FSB, or based on acts or omissions of FDIC or IUB-FSB, are dismissed. Signed by Judge David G Campbell on 10/25/11.(LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV11-01728-PHX DGC
Theodore F. Claassen, a married man
acting in his separate capacity,
First Financial Bank, N.A., as Successor in
Interest to the Federal Deposit Insurance
Corporation, as Receiver for Irwin Union
In December 2010, counter-defendant First Financial Bank (“FFB”) commenced a
judicial foreclosure and collection action against Claassen. Doc. 14-1. Claassen then
filed a counterclaim against FFB, asserting breach of contract (count one), breach of the
covenant of good faith and fair dealing (count two), and fraud (count three). Doc. 14-1.
The Federal Deposit Insurance Corporation (“FDIC”), in its capacity as receiver for Irwin
Union Bank, F.S.B. (“IUB-FSB”), has filed a motion to dismiss all of Claassen’s
counterclaims, pursuant to 12 U.S.C. § 18211 and Rules 12(b)(1) and 14(a)(2)(C) of the
12 U.S.C. § 1821(d)(13)(D) provides that: “no court shall have jurisdiction over
(i) any claim or action for payment from . . . the assets of any depository institution for
which the Corporation has been appointed receiver . . . or (ii) any claim relating to any
act or omission of such institution or the Corporation as receiver.” Furthermore,
§1821(d)(6)(A) requires that a claimant utilize administrative remedies before filing a
Federal Rules of Civil Procedure, to the extent that the counterclaims relate to any act or
omission of IUB-FSB or FDIC. Doc. 8 at 2.
Claassen denies that his counterclaim asserts any claim related to the FDIC’s
and/or IUB-FSB’s conduct. Doc. 14 at 1–2. Claassen further contends that the alleged
breaches and fraud occurred after FFB became the undisputed owner of the loan
agreement. Id. at 1–2. Claassen maintains that he “does not, as alleged by the FDIC,
seek recovery for the FDIC and/or Irwin’s conduct.” Id.
Claassen’s counterclaim contains numerous allegations pertaining to acts or
omissions of the FDIC or IUB-FSB. Doc. 14-1, at ¶¶ 21, 22, 24-33, 37, 39, 40, 47, 52.
Federal law precludes the Court from acquiring jurisdiction over these claims, even when
the claims are asserted against purchasers of assets from the FDIC.
1821(d)(13)(D); Village of Oakwood v. State Bank & Trust Co., 519 F. Supp. 2d 730, 738
(N.D. Ohio 2007) aff’d 539 F.3d 373 (6th Cir. 2008). To the extent Claassen asserts
such claims, his counterclaim will be dismissed for lack of jurisdiction pursuant to Rule
12(b)(1) and 12 U.S.C. § 1821.
IT IS ORDERED:
12 U.S.C. §
FDIC’s motion to dismiss under Rule 12(b)(1) (Doc. 8) is granted.
Counterclaims against FDIC or IUB-FSB, or based on acts or omissions of
FDIC or IUB-FSB, are dismissed.
Dated this 25th day of October, 2011.
claim against the FDIC, and that jurisdiction in such instance is proper “in the district or
territorial court of the United States for the district within which the depository
institution’s principal place of business is located or the United States District Court for
the District of Columbia.”
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