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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 FEDERAL DEPOSIT INSURANCE CORPORATION JEROME A. MADDEN (Pro Hac Vice) Counsel TINA A. LAMOREAUX (Pro Hac Vice) 3501 Fairfax Drive, Room VS-D-7004 Arlington, VA 22226-3500 Telephone: 703.562.2010 Facsimile: 703.562.2496 NOSSAMAN LLP ALLAN H. ICKOWITZ (SBN 80994) ROBERT S. MCWHORTER (SBN 226186) 445 S. Figueroa Street, 31st Floor Los Angeles, California 90071 Telephone: 213.612.7800 Facsimile: 213.612.7801 Attorneys for Defendants, FEDERAL DEPOSIT INSURANCE CORPORATION and ROBERT T. FELDMAN 15 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 WESTERN DIVISION 19 20 21 22 23 24 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 25 26 27 28 [PROPOSED] JUDGMENT GTS 900 F, LLC, v. FDIC, et al. Case No. LACV11-6607 JAK-JC 1 This matter came before this Court on the Motion of Defendants Federal Deposit 2 Insurance Corporation and Robert T. Feldman, in his official capacity as Executive 3 Secretary (collectively the “FDIC”) for Summary Judgment. This Court conducted 4 hearings on the Motion on January 9, 2012, and after supplemental briefing, on April 23, 5 2012. Jerome A. Madden, Tina A. Lamoreaux and Anne M. Devens appeared on behalf 6 of the FDIC; Gary Ganchrow appeared on behalf of GTS 900 F, LLC. On June 1, 2012, 7 this Court entered an Order Granting Defendants’ Motion for Summary Judgment. 8 9 10 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, 11 as published in the Federal Register (76 Fed. Reg. 28225) (May 16, 2011) (the 12 “Insufficient Assets Determination”) in the receivership of the former Corus Bank, N.A., 13 Chicago, Illinois, was not arbitrary or capricious, did not constitute an abuse of 14 discretion, and was made in accordance with applicable law. 15 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND 16 DECREED that Judgment be entered in favor of the FDIC and against GTS 900 F, LLC, 17 such that GTS 900 F, LLC’s Complaint is hereby dismissed with prejudice and that the 18 Insufficient Assets Determination is hereby affirmed. 19 20 Dated: June 27, 2012 21 22 ______________________________________ U.S. DISTRICT COURT JUDGE APPROVED AS TO FORM 23 24 25 /s/ Gary Ganchrow By: Gary Ganchrow Counsel for Plaintiff, GTS 900 F, LLC 26 27 28 [PROPOSED] JUDGMENT -i- GTS 900 F, LLC, v. FDIC, et al. Case No. LACV11-6607 JAK-JC

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