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Fula v. Washington Mutual Bank FA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


November 4, 2009

YAASMYN FULA, PLAINTIFF,
v.
WASHINGTON MUTUAL BANK FA, A CORPORATION, JOHN DUNSTAN, A SOLE PROPRIETOR, LANCE NOWAK, AN INDIVIDUAL, ANDREA ANIA, AN INDIVIDUAL, OCEANFRONT MORTGAGE, INC., A CORPORATION, AND DOES 1 THROUGH 10, DEFENDANTS.

The opinion of the court was delivered by: Hon. Manuel L. Real, United States District Court Judge

ORDER DISMISSING CLAIMS FOR LACK OF SUBJECT MATTER JURISDICTION

Judge: The Honorable Manuel L. Real

PROPOSED ORDER ON MOTION OF FDIC-RECEIVER TO DISMISS

ORDER

On November 2, 2009, the Court considered the Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank ("FDIC-Receiver"). There was no appearance on behalf of the Plaintiff, nor did the Plaintiff file any written opposition to the Motion. The Court, having considered the Motion to Dismiss and the record in this case, finds that the Plaintiff has failed to exhaust the mandatory administrative claims process required by the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73, 103 Stat. 183 (1989), 12 U.S.C. § 1821(d). The Court therefore has no subject matter jurisdiction over the claims against FDIC-Receiver and the motion to dismiss is GRANTED.

IT IS HEREBY ORDERED that the above-styled and numbered case is DISMISSED WITH PREJUDICE as to all claims and causes of action asserted by Plaintiff Yaasmyn Fula against FDIC-Receiver and all defendants.

IT IS SO ORDERED.

20091104

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