Acutate Corporation v. Washington Mutual Bank

Filing 40

ORDER granting substitution. Signed by Judge Illston on 2/4/09. (ts, COURT STAFF) (Filed on 2/5/2009)

Case 3:08-cv-02918-SI

Document 39

Filed 02/02/2009

Page 1 of 2

1 Benjamin K. Riley (112007) Jayne Laiprasert (256930) 2 HOWREY LLP 525 Market Street, Suite 3600 3 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Defendant JPMORGAN CHASE BANK, N.A. AS 6 ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2918 SI NOTICE OF SUBSTITUTION OF PARTY

11 ACTUATE CORPORATION, a Delaware corporation, 12 Plaintiff, 13 vs. 14 WASHINGTON MUTUAL BANK, a 15 Washington corporation, 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Defendant.

Case No. CV 08-2918 SI NOTICE OF SUBSTITUTION OF PARTY
DM_US:21851028_1

Case 3:08-cv-02918-SI

Document 39

Filed 02/02/2009

Page 2 of 2

1 2

NOTICE OF SUBSTITUTION OF PARTY JPMorgan Chase Bank, N.A. ("JPMCB"), in its capacity as acquirer of certain assets and

3 liabilities of Defendant Washington Mutual Bank, by and through its attorneys, hereby files this notice 4 of substitution of JPMBC for defendant Washington Mutual Bank ("Washington Mutual") and 5 respectfully states: 6 1. JPMCB is a corporation incorporated under the laws of the state of Delaware with its

7 headquarters at 270 Park Avenue, New York, New York 10017-2070. 8 9 10 11 12 thereof, were sold to JP Morgan Chase Bank, N.A. ("JPMCB") pursuant to the Purchase and Sale Agreement (the "Purchase and Sale Agreement") dated September 25, 2008, between the Federal 2. On September 25, 2008, the Federal Office of Thrift Supervision placed Washington Mutual into receivership. Subsequently, Washington Mutual's loan portfolio and banking operations, or parts

13 Deposit Insurance Organization as Receiver for Washington Mutual, as Seller, and JPMCB, as 14 Purchaser. 15 16 17 WHEREFORE, JPMCB, as acquirer of certain assets and liabilities for Washington Mutual, 18 provides notice of substitution of JPMCB as the proper party in this action in the place and stead of 19 Washington Mutual and for all other and further relief to which it may show itself to be entitled. 20 21 22 23 24 25 26 27 28
HOWREY LLP

3. On or about January 23, 2009, pursuant to the Purchase and Sale Agreement, JPMCB assumed the licenses between Washington Mutual and Actuate.

Dated: February 2, 2009ISTRI D

UNIT ED

S

ES AT T

CT C

HOWREY LLP

R NIA
A

IT IS S

O

ED ORDER
usan Ill ston

RT U O

By: /s/ Jayne Laiprasert Jayne Laiprasert Attorneys for Defendant JPMORGAN CHASE BANK, N.A. AS ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK

Case No. NOTICE OF SUBSTITUTION OF PARTY
DM_US:21851028_1

F D IS T IC T O R CV 08-2918 SI

ER

N

C

LI

FO

NO

Judge S

RT
H

-1-