Hartgraves et al v. Indymac Bank, F.S.B. et al

Filing 8

ORDER signed by Judge Frank C. Damrell, Jr on 9/15/2009 STAYING CASE pending completion of Administrative Claims process. 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, the parties shall file a Joint Status Report pursuant to the Order Requiring a Joint Status Report within 30 days. Defendants shall also file an answer or other responsive pleading to the Complaint within 30 days of notification to the Court that the administrative process has been completed. (Krueger, M)

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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, CATHY HARTGRAVES, Plaintiffs, vs. INDYMAC BANK; FDIC as Receiver for IndyMac Bank, F.S.B.; and ONE WEST; NDEx West, LLC, ONE WEST BANK, and DOES 1-50, 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. and Plaintiffs, David Hartgraves and Cathy Hartgraves ("Plaintiffs"). Plaintiffs represent that they have 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-02064-FCD-KJM ORDER STAYING CASE PENDING COMPLETION OF ADMINISTRATIVE CLAIMS PROCESS

FDIC_IndyMac-Hartgraves (02964)-Order on Stipulation Staying Case.doc

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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. 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, the parties shall file a Joint Status Report pursuant to the Order Requiring a Joint Status Report within thirty (30) days. Defendants shall also file an answer or other responsive pleading to the Complaint within thirty (30) days of notification to the Court that the administrative process has been completed.

Date: September 15, 2009

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

FDIC_IndyMac-Hartgraves (02964)-Order on Stipulation Staying Case.doc

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ORDER STAYING CASE