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HENRY v. F.D.I.C.

Case No. CV 08-06625 MMM (AJWx).

695 F.Supp.2d 1063 (2010)

David HENRY, an individual; Meagen Henry, an individual; David Kane Henry and Meagan R. Thomas Family Living Trust, a California living trust, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its own name and as Receiver for IndyMac Bank, F.S.B.; Does 1 through 10, Defendants.

United States District Court, C.D. California.

February 18, 2010.

Attorney(s) appearing for the Case

Guy C. Nicholson, Michael D. Stein, Tisdale and Nicholson, Los Angeles, CA, for Plaintiff.

Alex Edwin Spjute, Rita Maria Haeusler, Hughes Hubbard and Reed, Sanford M. Gage, Engage Mediation, Los Angeles, CA, Scott H. Christensen, Hughes Hubbard & Reed LLP, Washington, DC, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MARGARET M. MORROW, District Judge.

On July 11, 2008, the Office of Thrift Supervision ("OTS") closed IndyMac Bank, F.S.B. ("IndyMac") and appointed the Federal Deposit Insurance Corporation ("FDIC") as the bank's receiver pursuant to 12 U.S.C. § 1821(c)(2)(A). That same day, the FDIC formed IndyMac Federal Bank, a newly chartered depository institution, and transferred...

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