FEDERAL DEPOSIT INSURANCE CORPORATION v. FBOP CORPORATION

No. 14 C 4307.

FEDERAL DEPOSIT INSURANCE CORPORATION, as a separate and distinct Receiver of Bank USA, N.A., California National Bank, Citizens National Bank of Teague, Madisonville State Bank, North Houston Bank, Pacific National Bank, Park National Bank, and San Diego National Bank, Plaintiff, v. FBOP CORPORATION, et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

March 31, 2015.


Attorney(s) appearing for the Case

Federal Deposit Insurance Corporation, as a separate and distinct Receiver of Bank USA, N.A., California National Bank, Citizens National Bank of Teague, Madisonville State Bank, North Houston Bank, Pacific National Bank, Park National Bank, and San Diego National National Bank, and San D, Plaintiff, represented by Eric R Goodman , Baker & Hostetler Llp, Karin Scholz Jenson , Baker & Hostetler Llp, Adam L. Fletcher , Baker & Hostetler LLP, Erin Bolan Hines , Baker Hostetler LLP & Joseph F. Hutchinson , Baker & Hostetler LLP.

FBOP Corporation, Defendant, represented by Edward C. Fitzpatrick , Faegre Baker Daniels & Kate E Middleton , Faegre Baker Daniels LLP.

JPMorgan Chase Bank N.A., agent of BMO Harris Bank N.A., Defendant, represented by William Scott Porterfield , Barack Ferrazzano Kirschbaum & Nagelberg LLP, John Clay deMoulpied , Barack Ferrazzano et al & William John Barrett , Barack Ferrazzano Kirschbaum & Nagelberg LLP.

BMO Harris Bank N.A., successor M&I Marshall & Ilsley Bank, Defendant, represented by Adam E Witkov , Michael Best & Friedrich Llp & Christopher R. Parker , Michael Best & Friedrich.

Patrick D. Cavanaugh, of High Ridge Partners, Inc. not individually, but solely as Trustee-Assignee under FBOP Corporation's Turst Agreement and Assignment for the Benefit of Creditors, Defendant, represented by Thomas P. Cimino, Jr. , Vedder Price P.C., Douglas Joseph Lipke , Vedder Price P.C. & William W. Thorsness, III , Vedder Price P.C..

Pension Benefit Guaranty Corporation, Intervenor Plaintiff, represented by Colin B. Albaugh , Pension Benefit Guaranty Corporation & Simon J. Torres , Pension Benefit Guaranty Corporation.

Wells Fargo Bank, N.A., Intervenor Defendant, represented by Jonathan N. Ledsky , Varga, Berger, Ledsky, Hayes & Casey & Scott J Helfand , Varga Berger Ledsky Hayes & Casey.


MEMORANDUM OPINION AND ORDER

On June 10, 2014, the Federal Deposit Insurance Corporation ("FDIC-R"), as a separate and distinct receiver for eight failed banks, filed a complaint against the banks' former parent company, defendant FBOP Corporation ("FBOP"), as well as FBOP's Trustee-Assignee and a number...

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