NEW CENTURY BANK v. OPEN SOLUTIONS, INC.

Filing 73

ORDER THAT THE MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO INTERVENE (DOC. NO. 60) AS A DEFENDANT TO THE COUNTERCLAIM OF OPEN SOLUTIONS, INC. IS GRANTED; THE MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO DISMISS COUNTERCLAIM FOR L ACK OF SUBJECT-MATTER JURISDICTION AND TO ALTER OR AMEND THE JUDGMENT (DOC. NO. 61) IS DEEMED FILED; PLAINTIFF NEW CENTURY BANK D/B/A CUSTOMERS BANK AND DEFENDANT OPEN SOLUTIONS, INC. SHALL FILE AND SERVE, ON OR BEFORE 5/17/2011, ANY OPPOSING BRIEF T O THE MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION TO DISMISS THE COUNTERCLAIM FOR LACK OF SUBJECT-MATTER JURISDICTION AND TO ALTER OR AMEND THE JUDGMENT; AND THE FEDERAL DEPOSIT INSURANCE CORPORATION SHALL FILE AND SERVE, ON OR BEFORE 5/27/2011, ANY REPLY BRIEF. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/2/2011. 5/3/2011 ENTERED AND COPIES E-MAILED. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NEW CENTURY BANK d/b/a CUSTOMERS BANK v. OPEN SOLUTIONS, INC. : : : : : : CIVIL ACTION NO. 10-6537 ORDER AND NOW, this 2nd day of May, 2011, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of the Federal Deposit Insurance Corporation to intervene (Doc. #60) as a defendant to the counterclaim of Open Solutions, Inc. is GRANTED; (2) the motion of the Federal Deposit Insurance Corporation to dismiss the counterclaim for lack of subjectmatter jurisdiction and to alter or amend the judgment (Doc. #61) is deemed filed; (3) plaintiff New Century Bank d/b/a Customers Bank and defendant Open Solutions, Inc. shall file and serve, on or before May 17, 2011, any opposing brief to the motion of the Federal Deposit Insurance Corporation to dismiss the counterclaim for lack of subject-matter jurisdiction and to alter or amend the judgment; and (4) the Federal Deposit Insurance Corporation shall file and serve, on or before May 27, 2011, any reply brief. BY THE COURT: /s/ Harvey Bartle III C.J. -2-

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