Polonski et al v. Indymac Federal Bank
Filing
14
ORDER by Judge Hamilton granting 10 Motion to Dismiss (pjhlc1, COURT STAFF) (Filed on 3/19/2009) (Additional attachment(s) added on 3/19/2009: # 1 Certificate of Service) (nah, COURT STAFF).
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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
United United States District Court
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For the Northern District of California
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ESTEBAN POLONSKI, et al., Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for INDYMAC FEDERAL BANK, F.S.B., and as conservator for INDYMAC FEDERAL BANK, F.S.B., Defendant. _______________________________/ Before the court is defendant's motion to dismiss the above-entitled action for lack of subject matter jurisdiction. Plaintiffs filed no written opposition to the motion within the time permitted by Civil Local Rule 7-3. The court finds that the action must be dismissed because plaintiffs failed to exhaust the claims process set forth in 12 U.S.C. § 1821(d)(3) to (13). This claims process is a mandatory prerequisite to judicial review. See id. § 1821(d)(13)(D). During the claims process, the courts do not have jurisdiction over claims against a failed institution for which the FDIC has been appointed receiver. McCarthy v. FDIC, 348 F.3d 1075, 1077 (9th Cir. 2003). Accordingly, for the reasons argued by the FDIC in its motion to dismiss, the court No. C 09-0039 PJH ORDER GRANTING MOTION TO DISMISS
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finds that the motion must be GRANTED. Being without jurisdiction, the court finds it unnecessary to address the motion to dismiss for failure to state a claim, and alternative motion for a more definite statement. The date for the hearing on the motion, previously set for Wednesday, March 18, 2009, is VACATED.
IT IS SO ORDERED. Dated: March 18, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge
United States District Court
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For the Northern District of California
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