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MERITAGE HOMES OF NEVADA, INC. v. F.D.I.C.

No. 12-15663.

753 F.3d 819 (2014)

MERITAGE HOMES OF NEVADA, INC., FKA MTH-Homes Nevada Inc., Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for First National Bank of Nevada, Successor-in-Interest to First National Bank of Arizona; Inca Capital Fund 37 LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2014.

Attorney(s) appearing for the Case

Alexander Arpad (argued) and Christopher H. Byrd , Fennemore Craig Jones Vargas, P.C., Las Vegas, NV, for Petitioner-Appellant.

Joseph Brooks (argued), Kathryn R. Norcross , and Lawrence H. Richmond , Federal Deposit Insurance Corporation, Arlington, VA, for Defendant-Appellee.

Before: J. CLIFFORD WALLACE, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

Appellant Meritage Homes of Nevada, Inc. (Meritage) appeals from the district court's judgment and challenges orders denying its motion to strike or, in the alternative, issue a summons to certain third parties to this action and denying its motion for reconsideration. The crux of the dispute is whether the district court abused its discretion when it allowed the Federal Deposit Insurance Corporation (FDIC) to satisfy...

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