GTS 900F LLC v. Federal Deposit Insurance Corporation et al

Filing 65

JUDGMENT by Judge John A Kronstadt, in favor of Federal Deposit Insurance Corporation against GTS 900F LLC. (rne)

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FEDERAL DEPOSIT INSURANCE CORPORATION
JEROME A. MADDEN (Pro Hac Vice)
Counsel
[e-mail]
TINA A. LAMOREAUX (Pro Hac Vice)
[e-mail]
3501 Fairfax Drive, Room VS-D-7004
Arlington, VA 22226-3500
Telephone: [phone]
Facsimile: 703.562.2496
NOSSAMAN LLP
ALLAN H. ICKOWITZ (SBN 80994)
[e-mail]
ROBERT S. MCWHORTER (SBN 226186)
[e-mail]
445 S. Figueroa Street, 31st Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: 213.612.7801
Attorneys for Defendants,
FEDERAL DEPOSIT INSURANCE CORPORATION
and ROBERT T. FELDMAN

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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GTS 900 F, LLC, a California Limited
Liability Company,
Plaintiff,
v.
FEDERAL DEPOSIT INSURANCE
CORPORATION, et al.,
DEFENDANTS.

Case No: LACV11-6607 JAK-JC
JUDGMENT
Date: April 23, 2012
Time: 8:30 a.m.
Courtroom: 750
Judge: The Hon. John A. Kronstadt
Date Action Filed: August 11, 2011
Trial Date: None Set

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[PROPOSED] JUDGMENT

GTS 900 F, LLC, v. FDIC, et al.
Case No. LACV11-6607 JAK-JC

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This matter came before this Court on the Motion of Defendants Federal Deposit

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Insurance Corporation and Robert T. Feldman, in his official capacity as Executive

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Secretary (collectively the “FDIC”) for Summary Judgment. This Court conducted

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hearings on the Motion on January 9, 2012, and after supplemental briefing, on April 23,

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2012. Jerome A. Madden, Tina A. Lamoreaux and Anne M. Devens appeared on behalf

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of the FDIC; Gary Ganchrow appeared on behalf of GTS 900 F, LLC. On June 1, 2012,

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this Court entered an Order Granting Defendants’ Motion for Summary Judgment.

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THIS COURT HEREBY FINDS THAT good cause exists to allow the FDIC to
supplement the Administrative Record.
THIS COURT HEREBY FURTHER FINDS THAT the FDIC’s determination,

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as published in the Federal Register (76 Fed. Reg. 28225) (May 16, 2011) (the

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“Insufficient Assets Determination”) in the receivership of the former Corus Bank, N.A.,

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Chicago, Illinois, was not arbitrary or capricious, did not constitute an abuse of

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discretion, and was made in accordance with applicable law.

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND

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DECREED that Judgment be entered in favor of the FDIC and against GTS 900 F, LLC,

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such that GTS 900 F, LLC’s Complaint is hereby dismissed with prejudice and that the

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Insufficient Assets Determination is hereby affirmed.

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Dated: June 27, 2012

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______________________________________
U.S. DISTRICT COURT JUDGE

APPROVED AS TO FORM

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/s/ Gary Ganchrow
By: Gary Ganchrow
Counsel for Plaintiff, GTS 900 F, LLC

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[PROPOSED] JUDGMENT

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GTS 900 F, LLC, v. FDIC, et al.
Case No. LACV11-6607 JAK-JC