Manuel et al v. IndyMac Bank FSB et al
Filing
40
ORDER re Supplemental Briefing re 23 , 24 , 32 , 33 . Signed by Judge Thelton E. Henderson on 09/07/2010. (tehlc2, COURT STAFF) (Filed on 9/7/2010)
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Manuel et al v. IndyMac Bank FSB et al
Doc. 40
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
JON JON MANUEL, an individual, and MARIA VICTORIA MANUEL, an individual, Plaintiff,
NO. C10-1035 TEH ORDER RE SUPPLEMENTAL BRIEFING
United States District Court
11
For the Northern District of California
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INDYMAC BANK FSB in Receivership of FDIC; HSBC BANK USA, NATIONAL ASSOCIATION, a US Corporation; REGIONAL SERVICE CORPORATION, a California Corporation; LPS DEFAULT SOLUTIONS, INC., a Delaware Corporation; LPS AGENCY SALES AND POSTING, INC., a California Corporation; and DOES 1 through 50, inclusive, Defendant.
The Court has reviewed the papers submitted by Plaintiffs Jon Jon Manuel and Maria
18 Manuel ("the Manuels") and Defendant Federal Deposit Insurance Corporation ("FDIC") 19 regarding FDIC's motion to dismiss filed on July 19, 2010. The matter has not been 20 adequately briefed, and the Court seeks additional briefing on the following question: 21 22 23 24 25 26 27 28 1. The Manuels contend that they are challenging the actions of IndyMac Bank, not the actions of FDIC as receiver of IndyMac Bank. In light of this contention, are the Manuels' equitable claims, which seek declaratory judgment and orders quieting title and setting aside the foreclosure sale, barred by the administrative claims process provided for in the Financial Institutions Reform Recovery and Enforcement Act of 1989 ("FIRREA")? Specifically, are each of these claims a "determination of rights" under 12 U.S.C. §
Dockets.Justia.com
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1821(d)(13)(D)? And is the relief the Manuels seek capable of being resolved by the claims process even though the Manuels' claims touch upon the rights of third parties?
The present hearing date of September 13, 2010, is vacated. Supplemental briefs from
6 both parties must be submitted by September 15, 2010, and the new hearing date will be 7 October 4, 2010. 8 9 IT IS SO ORDERED. 10
United States District Court
11 Dated: 9/7/10
For the Northern District of California
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THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT
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