MEMORANDUM OPINION
ROSEMARY M. COLLYER, District Judge.
Plaintiffs Washington Mutual, Inc. ("WMI"), and WMI Investment Corp. have filed this action against the Federal Deposit Insurance Corporation ("FDIC") in its separate capacities as a corporation and as receiver for Washington Mutual Bank, Henderson, Nevada ("WMB"), a federal savings bank owned by WMI. WMI brings this case pursuant to the Federal Deposit Insurance Act, 12 U.S.C. § 1811
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