Dereck Blackman et al v. Washington Mutual Bank, Inc. et al

Filing 24

ORDER DISMISSING ACTION FOR LACK OF PROSECUTION by Judge Manuel L. Real: Accordingly, the FDIC's denial of Plaintiffs' claim shall be deemed final, and Plaintiffs shall have no further rights or remedies with respect to such claim. 12 USC section 1821(d)(6)(B), that the action is DISMISSED. (Made JS-6. Case Terminated.) (jp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) LISA M. SIMONETTI (State Bar No. 165996) DEBORAH E. BARACK (State Bar No. 207493) 2029 Century Park East Los Angeles, CA 90067-3086 Telephone: [phone] Facsimile: 310-556-5959 Email: [e-mail], [e-mail] Attorneys for Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for WASHINGTON MUTUAL BANK UNITED STATES DISTRICT COURT

J S -6

CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION DERECK and APRIL BLACKMAN, Plaintiffs, v. WASHINGTON MUTUAL BANK, INC., NL FINANCIAL, INC., and DOES 1 through 20, inclusive, Defendants. ) Case No. 8:08-CV-00201-R-SH ) ) ORDER DISMISSING ACTION ) FOR LACK OF PROSECUTION ) ) ) ) ) ) ) )

[PROPOSED] ORDER DISMISSING ACTION FOR LACK OF PROSECUTION
LA 51194048

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court held a Further Mandatory Status Conference on October 6, 2009. April Blackman, Esq. appeared on behalf of plaintiffs Dereck Blackman and April Blackman (together "Plaintiffs") and Deborah Barack, Esq. of Stroock & Stroock & Lavan LLP appeared on behalf of defendant Federal Deposit Insurance Corporation, in its capacity as Receiver for Washington Mutual Bank ("FDIC"). The Court questioned counsel regarding the status of this matter. The Court finds that Plaintiffs failed timely to request administrative review of the FDIC's denial of their claim or to continue this action following the FDIC's denial of their claim pursuant to 12 U.S.C. § 1821(d)(6)(A). Accordingly, the FDIC's denial of Plaintiffs' claim shall be deemed final, and Plaintiffs shall have no further rights or remedies with respect to such claim. 12 U.S.C. § 1821(d)(6)(B). IT IS HEREBY ORDERED that the action is dismissed.

DATED: ___October 20, 2009___

________________________________ Honorable Manuel L. Real U.S. District Court Judge

Respectfully submitted, STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND LISA M. SIMONETTI DEBORAH E. BARACK By: /s/ Deborah E. Barack Deborah E. Barack

Attorneys for Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for WASHINGTON MUTUAL BANK

-1[PROPOSED] ORDER DISMISSING ACTION FOR LACK OF PROSECUTION
LA 51194048

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss

I am employed in the County of Los Angeles, State of California, over the age of eighteen years, and not a party to the within action. My business address is: 2029 Century Park East, Los Angeles, CA 90067-3086.
[PROPOSED] ORDER DISMISSING ACTION FOR LACK OF PROSECUTION on the

On October 13, 2009, I served the foregoing document(s) described as: Martin D. Gross, Esq. LAW OFFICES OF MARTIN D. GROSS 2001 Wilshire Blvd., Suite 300 Santa Monica, CA 90403

interested parties in this action as follows:

(VIA PERSONAL SERVICE By causing the document(s), in a sealed envelope, to be delivered to the person(s) at the address(es) set forth above. (VIA U.S. MAIL) In accordance with the regular mailing collection and processing practices of this office, with which I am readily familiar, by means of which mail is deposited with the United States Postal Service at Los Angeles, California that same day in the ordinary course of business, I deposited such sealed envelope, with postage thereon fully prepaid, for collection and mailing on this same date following ordinary business practices, addressed as set forth above. (VIA OVERNIGHT DELIVERY) By causing the document(s), in a sealed envelope, to be delivered to the office of the addressee(s) at the address(es) set forth above by overnight delivery via Federal Express, or by a similar overnight delivery service. (VIA E-MAIL) Based on a court order or an agreement of the parties to accept service by e-mail, I caused the documents to be sent to the persons at the e-mail addresses listed in the attached Service List. (VIA FACSIMILE) By causing such document to be delivered to the office of the addressee via facsimile.

I declare that I am employed in the office of a member of the bar of this court, at whose direction the service was made. Executed on October 13, 2009, at Los Angeles, California. Maria Torres [Type or Print Name]
-2[PROPOSED] ORDER DISMISSING ACTION FOR LACK OF PROSECUTION
LA 51194048

[Signature]