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First Financial Bank, N.A., As Successor In Interest To the Federal Deposit Insurance Corporation v. Theodore F. Claassen

November 22, 2011

FIRST FINANCIAL BANK, N.A., AS SUCCESSOR IN INTEREST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION,
AS RECEIVER FOR IRWIN UNION BANK,
PLAINTIFF,
v.
THEODORE F. CLAASSEN, AN UNMARRIED MAN, DEFENDANT



WO

ORDER

In December 2010, First Financial Bank ("FFB") commenced a judicial foreclosure and collection action against Claassen in Maricopa County Superior Court. Doc. 14-1. Claassen filed a counterclaim against FFB in February 2011. Doc. 14-1. Following the counterclaim, FFB filed a third-party complaint against the Federal Deposit Insurance Corporation ("FDIC") alleging indemnification, breach of contract, breach of the implied duty of good faith and fair dealing, and breach of fiduciary duty. Doc. 14-1. The FDIC removed the lawsuit to this court pursuant to 12 U.S.C. § 1819(b)(2)(B) and 28 U.S.C. § 1442(a)(1), which grant the FDIC a statutory right to remove cases in which it is a party. Doc. 1 at 2.

Following removal, the FDIC filed a motion to dismiss all of FFB's claims pursuant to Rules 12(b)(6) or, in the alternative, for summary judgment under Rule 56.

Doc. 8. FFB responded to the motion. Doc. 25. The FDIC then granted FFB's request for indemnification for "claims brought by Claassen that were based on the actions of the FDIC-R or actions alleged to have been taken by FFB at the FDIC-R's direction." Doc. 28 at 4; Doc. 28, Exhibit 1. The FDIC also filed a reply to FFB's response, claiming this agreement to indemnify FFB negated FFB's claims of indemnification and breach of contract to indemnify. Doc.28. The motions are fully briefed. Docs. 8, 25, 28. No party has requested oral argument. For the reasons stated below, the court will grant the motion to dismiss.

Defendant Claassen has filed a motion to sever FFB's claims against the FDIC and to remand FFB's complaint and Claassen's counterclaim to Superior Court. Doc. 15. Because the FDIC's motion to dismiss FFB's claims will be granted, the Court will also grant the motion to remand. Claassen's request for oral argument is denied because the issues are fully briefed and argument will not aid the Court's decision. See Fed. R. Civ. P. 78(b); Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998).

I. FDIC's Motion to Dismiss FFB's Complaint.

A. Breach of Contract (count two) and ...


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