DBSI, INC. v. FDIC

Full title: DBSI, Inc., Plaintiff, v. FDIC as receiver for Silver State Bank, et al.…

Court: United States District Court, D. Arizona

Date published: Jul 20, 2009

No. CV 09-1205-PHX-JAT (D. Ariz. Jul. 20, 2009)

Opinion

No. CV 09-1205-PHX-JAT.

July 20, 2009

ORDER

JAMES TEILBORG, District Judge

The Notice of Removal in this case states that federal subject matter jurisdiction is conferred by 12 U.S.C. § 1811 and § 1831. However, the fact that the FDIC is a party to a case as a receiver does not automatically create federal subject matter jurisdiction. See 12 U.S.C. § 1819(b)(2)(B) (D); FDIC v. Bank of Boulder, 911 F.2d 1466, 1471 (10^th Cir. 1990) (adopting three-prong test to determine federal subject matter jurisdiction); FDIC v. La Rambla Shopping Center, Inc., 791 F.2d 215, 220-21 (1^st Cir. 1986) ("a suit . . . between a creditor and the FDIC as receiver shall not be deemed to arise under the laws of the United States" (internal quotations omitted)).

Because the complaint in this case involves only state law claims,

IT IS ORDERED that by August 10, 2009, Defendant FDIC as receiver of Silver State Bank shall file an amended notice of removal fully alleging federal subject matter jurisdiction or this case will be remanded for lack of federal subject matter jurisdiction.