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Hartgraves v. Indymac Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 15, 2009

DAVID HARTGRAVES, CATHY HARTGRAVES, PLAINTIFFS,
v.
INDYMAC BANK; FDIC AS RECEIVER FOR INDYMAC BANK, F.S.B.; AND ONE WEST; NDEX WEST, LLC, ONE WEST BANK, AND DOES 1-50, INCLUSIVE, DEFENDANTS.

ORDER STAYING CASE PENDING COMPLETION OF ADMINISTRATIVE CLAIMS PROCESS

This matter came before this Court on the Stipulation Staying Case (the "Stipulation") between the Federal Deposit Insurance Corporation ("FDIC-R"), as Receiver of Defendant IndyMac Bank, F.S.B. and Plaintiffs, David Hartgraves and Cathy Hartgraves ("Plaintiffs"). Plaintiffs represent that they have filed an administrative claim with the FDIC-R relating to this case. This Court finds that good cause exists to enter this Order.

IT IS HEREBY ORDERED THAT:

1. The Stipulation is hereby approved. This case is hereby stayed until the administrative process, proscribed by 12 U.S.C. § 1821(d)(3) - (d)(13), has been completed. Counsel for the FDIC-R shall notify the Court when the administrative process has been completed. Should the administrative process not be completed within 180 days, counsel for the FDIC-R shall so advise the court and provide a status report.

2. Upon notification by counsel for the FDIC-R that the administrative process proscribed by 12 U.S.C. § 1821(d)(3) - (d)(13) has been completed, the parties shall file a Joint Status Report pursuant to the Order Requiring a Joint Status Report within thirty (30) days. Defendants shall also file an answer or other responsive pleading to the Complaint within thirty (30) days of notification to the Court that the administrative process has been completed.

20090915

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