Westwind Meranto, LLC v. Federal Deposit Insurance Corporation

Filing 10

ORDER Granting 4 Defendant's Motion to Dismiss. IT IS FURTHER ORDERED that Clerk of Court shall enter judgment in favor of Defendant and against Plaintiff. Signed by Judge Philip M. Pro on 3/26/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WESTWIND MERANTO, LLC,
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Plaintiff,
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vs.
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FEDERAL DEPOSIT INSURANCE
COMPANY,
Defendant.

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2:11-CV-01812-PMP-VCF
ORDER

Before the Court for consideration is Defendant Federal Deposit Insurance
Company’s (“FDIC”) fully briefed Motion to Dismiss (Doc. #4) filed February 6, 2012.
Defendant asserts three grounds in support of its Motion to Dismiss Plaintiff’s

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Complaint (Doc. #4). First, Defendant argues that this Court lacks subject matter

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jurisdiction over Plaintiff’s declaratory relief claims because Plaintiff failed to comply with

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the mandatory administrative claims process provided under the Financial Institutions

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Reform, Recovery and Enforcement Act of 1989 (“FIRREA”) 12 U.S.C. § 1811 et seq.

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Second, Defendant contends that the declaratory relief sought by Plaintiff is

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prohibited under 12 U.S.C. § 1821(j), because the declaratory relief requested would

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restrain the FDIC from performing its statutorily authorized functions. Finally, Defendant

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argues that Plaintiff’s claims are barred by the Doctrine of Issue Preclusion because

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Plaintiff has previously argued and lost the same issues in a prior suit between the Parties in

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state court. The Court agrees and finds that for the reasons set forth in Defendant’s Motion

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to Dismiss (Doc. #4) and it’s Reply Memorandum (Doc. #9) Defendant is entitled to the

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relief requested.

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IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss (Doc. #4)
is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall forthwith enter

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judgment in favor of Defendant and against Plaintiff.

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DATED: March 26, 2012.

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PHILIP M. PRO
United States District Judge

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