Hartgraves v. Federal Deposit Insurance Corporation et al

Filing 16

ORDER signed by Senior Judge Lawrence K. Karlton on 8/13/09 ORDERING that this case is STAYED until the administrative process has been completed. The initial Status Conference scheduled for 9/14/09 at 2:30 pm. is VACATED. (Mena-Sanchez, L)

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Nossaman LLP John T. Kennedy (CA137738) [e-mail] Robert S. McWhorter (CA226186) [e-mail] 915 L Street, Suite 1000 Sacramento, CA 95814 Telephone: [phone] Facsimile: 916.442.0382 Attorney for Defendant FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for IndyMac Bank, F.S.B.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID HARTGRAVES, Plaintiff, vs. INDYMAC BANK; NDEx West, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, FDIC, as receiver for IndyMac Bank, F.S.B., ONEWEST BANK, and DOES 150, Inclusive, Defendants. This matter came before this Court on the Stipulation Staying Case (the "Stipulation") between the Federal Deposit Insurance Corporation ("FDIC-R"), as Receiver of Defendant IndyMac Bank, F.S.B., NDEx West, LLC, and Plaintiff, David Hartgraves ("Plaintiff"). Plaintiff represents that he has filed an administrative claim with the FDIC-R relating to this case. This Court finds that good cause exists to enter this Order. Case No: 2:09-cv-01713-LKK-EFB ORDER STAYING CASE PENDING COMPLETION OF ADMINISTRATIVE CLAIMS PROCESS

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ORDER STAYING CASE

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IT IS HEREBY ORDERED THAT: 1. The Stipulation is hereby approved. This case is hereby stayed until the administrative

process, proscribed by 12 U.S.C. § 1821(d)(3) - (d)(13), has been completed. Counsel for the FDIC-R shall notify the Court when the administrative process has been completed. Should the administrative process not be completed within 180 days, counsel for the FDIC-R shall so advise the court and provide a status report. 2. The initial status conference scheduled for September 14, 2009, at 2:30 p.m., is hereby

vacated. The FDIC-R and NDEx West, LLC shall not need to file an answer or other responsive pleading to the First Amended Complaint at this time. Upon notification by counsel for the FDIC-R that the administrative process proscribed by 12 U.S.C. § 1821(d)(3) - (d)(13) has been completed, this Court will schedule an initial status conference to, among other things, set the deadlines for Defendants to file an answer or other responsive pleading to the First Amended Complaint.

Date: August 13, 2009

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ORDER STAYING CASE