UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
September 13, 2011
PROVIDENT FUNDING ASSOCIATES, L.P., PLAINTIFF,
LYDIAN PRIVATE BANK, VIRTUALBANK, A DIVISION OF LYDIAN
PRIVATE BANK, AND DOES 1 THROUGH 20, DEFENDANTS.
The opinion of the court was delivered by: Hon. Joseph C. Spero Judge
Neil R. O'Hanlon, SBN 67018 Joel M. Miller (pro hac vice) 2 Asheley G. Dean, SBN 245504 Charles R. Jacob III (pro hac vice) HOGAN LOVELLS US LLP Jeremy M. Sher (pro hac vice) 3 1999 Avenue of the Stars, Suite 1400 MILLER & WRUBEL P.C. Los Angeles, CA 90067 570 Lexington Avenue 4 Telephone: (310) 785-4600 New York, NY 10022 Facsimile: (310) 785-4601 Telephone: (212) 336-3500 5 Email: firstname.lastname@example.org Facsimile: (212) 336-3555 Email: email@example.com Email: firstname.lastname@example.org 6 Attorneys for Plaintiff Attorneys for Defendant [Other Counsel on Signature Page]
STIPULATION AND ORDER SUBSTITUTING FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER, FOR DEFENDANT LYDIAN PRIVATE BANK
On August 19, 2011, the Office of the Comptroller of the Currency appointed the Federal Deposit Insurance Corporation (the "FDIC") as Receiver for Defendant Lydian Private Bank 20 ("Lydian") pursuant to 12 U.S.C. §§ 1464(d)(2) and 1821(c)(5). A copy of the appointment is 21 attached hereto as Exhibit A. 22 The FDIC accepted the appointment as Receiver for Lydian that same day.
A copy of the
FDIC's acceptance of the appointment is attached hereto as Exhibit B.
Therefore, IT IS HEREBY STIPULATED AND AGREED THAT, pursuant to 12 U.S.C. § 1819, the FDIC, as Receiver for Lydian, is now the real party in interest in this action and is hereby substituted for Lydian in this action.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: September ___, 2011
Joseph C. Spero
STIPULATION AND ORDER
DEPOSIT INSURANCE CORPORATION, AS RECEIVER,
DISFOR DEFENDANT LYDIAN PRIVATE BAN
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