Chetco Federal Credit Union v. Dobbs et al

Filing 30

Order by Hon. Samuel Conti granting 23 Motion to Substitute Party. Chetco Federal Credit Union and Chetco Federal Credit Union terminated.(sclc2, COURT STAFF) (Filed on 10/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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) Case No. 13-1571 SC
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CHETCO FEDERAL CREDIT UNION,
)
) ORDER GRANTING MOTION TO
Plaintiff,
) SUBSTITUTE PARTY
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v.
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CAPPY DOBBS, JUDITH ANN DOBBS,
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CONE ROCK, INC., and DOES 1-100, )
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Defendants.
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CAPPY DOBBS, JUDITH ANN DOBBS,
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and CONE ROCK, INC.,
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Cross-Complainants,
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v.
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CHETCO FEDERAL CREDIT UNION and )
DOES 1-100,
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Cross-Defendants.
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Plaintiff Chetco Federal Credit Union ("Plaintiff"), a

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federally chartered and insured credit union, filed a complaint for

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judicial foreclosure against the above-captioned Defendants

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("Defendants") on July 6, 2012.

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an answer and cross-complaint against Plaintiff, amending that

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complaint on September 12, 2012, to allege that Plaintiff

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improperly used proceeds from a Certificate of Deposit to set off

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loan delinquencies.

On July 9, 2012, Defendants filed

United States District Court

Non-party National Credit Union Administration (the "NCUA") is

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For the Northern District of California

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an independent agency of the federal executive branch, charged with

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regulating federally chartered and insured credit unions like

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Plaintiff.

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into involuntary liquidation on December 31, 2012, and appointed

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itself Liquidating Agent, in which capacity it succeeded by

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operation of law to all right, title, and interest in and to

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Plaintiff as a credit union.

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Liquidation"); see also 12 U.S.C. § 1787(b)(2)(A)(i) (stating that

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the NCUA, as Liquidating Agent, succeeds to all right, title, and

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interest in and to credit unions that the NCUA has closed for

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liquidation).

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gives the NCUA, as Liquidating Agent, the power to sue and be sued.

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12 U.S.C. § 1789(a)(2).

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a party in this case, in Plaintiff's stead.

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///

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///

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///

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///

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///

ECF No. 23 ("Mot. to Sub.") at 2.

It placed Plaintiff

See id. at 2 & Ex. A ("Notice of

The federal statute governing federal credit unions

The NCUA now moves to substitute itself as

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Under Federal Rule of Civil Procedure 25(c), the Court finds

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that Plaintiff's interests have been transferred to the NCUA, which

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acts as Plaintiff's Liquidating Agent, and that the NCUA shall be

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substituted as the plaintiff and counter-defendant in this case.

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IT IS SO ORDERED.

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Dated: October 17, 2013

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UNITED STATES DISTRICT JUDGE

United States District Court

For the Northern District of California

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