Independence Bank v. Federal Deposit Insurance Corporation et al

Rhode Island District Court
Judge:	John J Mcconnell, Jr
Referred:	Patricia A Sullivan
Case #:	1:23-cv-00447
Nature of Suit	430 Other Statutes - Banks and Banking
Cause	28:1331 Fed. Question

Case Filed:	Oct 27, 2023
Terminated:	Jan 16, 2025

Docket
Parties (3)

Last checked: Saturday Apr 27, 2024 6:47 AM EDT

Defendant Federal Deposit Insurance Corporation	Represented By Erik B. Bond Federal Deposit Insurance Corporation contact info
Defendant Rhode Island Department of Business Regulations	Represented By Richard L. Gemma Ri Department Of Attorney General contact info Matthew I. Shaw Rhode Island Department Of Attorney General contact info
Plaintiff Independence Bank	Represented By Travis J. McDermott Partridge, Snow & Hahn LLP contact info

Docket last updated: 9 hours ago

Thursday, January 16, 2025
		order Order Entering Stipulation Thu 01/16 10:59 AM TEXT ORDER Entering37 STIPULATION re12 Amended Complaint filed by All Parties. So Ordered by Chief Judge John J. McConnell, Jr. on 1/16/2025. (Simoncelli, Michael) Related: [-]
Wednesday, January 15, 2025
37		37 misc Stipulation Wed 01/15 3:08 PM STIPULATION re12 Amended Complaint filed by All Parties. (Gemma, Richard) Related: [-]
Tuesday, November 26, 2024
		order Order on Motion to Stay Tue 11/26 1:05 PM TEXT ORDER granting36 Motion to Stay up to and including 1/21/2025. So Ordered by Chief Judge John J. McConnell, Jr. on 11/26/2024. (Jackson, Ryan) Related: [-]
Friday, November 22, 2024
36		36 motion Stay Fri 11/22 11:39 AM Consent MOTION to Stay Proceedings for 60 Days filed by Federal Deposit Insurance Corporation. Responses due by 12/6/2024. (Bond, Erik) Related: [-]
Thursday, September 19, 2024
		order Order on Motion to Stay Thu 09/19 9:23 AM TEXT ORDER granting35 Motion to Stay up to and including 11/18/24. So Ordered by Chief Judge John J. McConnell, Jr. on 9/19/2024. (Jackson, Ryan) Related: [-]
Wednesday, September 18, 2024
35		35 motion Stay Wed 09/18 12:50 PM Consent MOTION to Stay Proceedings for 60 Days filed by Federal Deposit Insurance Corporation. Responses due by 10/2/2024. (Bond, Erik) Related: [-]
Tuesday, September 10, 2024
34		34 respm Reply to Response Tue 09/10 4:24 PM REPLY to Response re31 Response to Motion filed by Federal Deposit Insurance Corporation. (Bond, Erik) Related: [-]
Wednesday, August 21, 2024
		order Order on Motion for Extension of Time to File Response/Reply Wed 08/21 1:52 PM TEXT ORDER granting33 Motion for Extension of Time to File Cross-Reply re:28 Cross MOTION for Summary Judgment by Federal Deposit Insurance Corporation; Replies due by 9/11/2024 . So Ordered by Chief Judge John J. McConnell, Jr. on 8/21/2024. (Jackson, Ryan) Related: [-]
Tuesday, August 20, 2024
33		33 motion Extension of Time to File Response/Reply Tue 08/20 10:42 AM Consent MOTION for an Extension of Time to File Response/Reply as to28 Cross MOTION for Summary Judgment and Memoranda of Law filed by Federal Deposit Insurance Corporation. Responses due by 9/3/2024. (Bond, Erik) Related: [-]
Wednesday, August 07, 2024
32		32 misc Statement of Disputed Facts Wed 08/07 3:38 PM STATEMENT OF DISPUTED FACTS by Independence Bank re30 Statement of Undisputed Facts. (McDermott, Travis) Related: [-]
31		31 respm Response to Motion Wed 08/07 3:35 PM RESPONSE In Opposition to28 Cross MOTION for Summary Judgment and Memoranda of Law filed by Independence Bank. Replies due by 8/14/2024. (McDermott, Travis) Related: [-]
Monday, July 15, 2024
30		30 misc Statement of Undisputed Facts Mon 07/15 5:30 PM STATEMENT OF UNDISPUTED FACTS by Federal Deposit Insurance Corporation re28 Cross MOTION for Summary Judgment and Memoranda of Law . (Bond, Erik) Related: [-]
29		29 misc Statement of Disputed Facts Mon 07/15 5:28 PM STATEMENT OF DISPUTED FACTS by Federal Deposit Insurance Corporation re26 Statement of Undisputed Facts. (Bond, Erik) Related: [-]
28		28 motion Summary Judgment Mon 07/15 5:24 PM Cross MOTION for Summary Judgment and Memoranda of Law filed by Federal Deposit Insurance Corporation. Responses due by 7/29/2024.(Bond, Erik) Related: [-]
		Att: 1 Supporting Memorandum
Thursday, July 11, 2024
27		27 answer Answer to Amended Complaint Thu 07/11 11:22 AM ANSWER to12 Amended Complaint by Rhode Island Department of Business Regulations.(Gemma, Richard) Related: [-]
Friday, June 28, 2024
		order Order on Motion to Dismiss Fri 06/28 1:10 PM TEXT ORDER denying15 Motion to Dismiss: The Court DENIES Defendant Rhode Island Department of Business Regulations' ("DBR") Motion to Dismiss. ECF No. 15. The Plaintiff Independence Bank ("Independence") has sufficiently and plausibly alleged that DBR's decision not to approve the plan of liquidation has caused them real injury (e.g., "until and unless DBR acts on the Plan of Liquidation, Independence must remain a going concern, but forcing Independence to continue operating is itself the harm that the instant suit seeks to remedy" ( Id . at 4); "Independence has alleged particularized harm (ongoing costs to stay in business without any significant income or cash flow) that it has suffered as a direct result of DBR's refusal to act on the Plan of Liquidation" ( Id. ); "here the plan of liquidation submitted to DBR did not require anything from the FDIC. The DBR cannot convert its own responsibilities into those of a federal agency by fiat. The FDIC has no role to play in the liquidation of a state-chartered entity, and thus the harm resulting from DBR's refusal to proceed with Independence's Plan of Liquidation is entirely the result of DBR's own inaction" ( Id. at 6); "liquidation of a state-chartered financial institution under R. I. Gen. Laws �19-10-1 et seq. provides no role for the FDIC, and that it was and is DBR's inaction on the Plan of Liquidation that is currently preventing Independence from closing its doors and avoiding further financial damage" ( Id. at 8). And so, Independence has standing, and this Court has subject-matter jurisdiction over these claims. They are entitled to attempt to prove their claims in this litigation. So Ordered by Chief Judge John J. McConnell, Jr. on 6/28/2024. (Jackson, Ryan) Related: [-]
Monday, June 24, 2024
26		26 misc Statement of Undisputed Facts Mon 06/24 4:49 PM STATEMENT OF UNDISPUTED FACTS by Independence Bank re25 MOTION for Summary Judgment and supporting Memorandum of Law . (McDermott, Travis) Related: [-]
25		25 motion Summary Judgment Mon 06/24 4:40 PM MOTION for Summary Judgment and supporting Memorandum of Law filed by Independence Bank. Responses due by 7/8/2024.(McDermott, Travis) Related: [-]
		Att: 1 Supporting Memorandum
Wednesday, June 12, 2024
24		24 notice Notice of Appearance Wed 06/12 8:47 AM NOTICE of Appearance by Jason Charles Benton on behalf of Federal Deposit Insurance Corporation (Benton, Jason) Related: [-]
Friday, May 10, 2024
		order Order on Motion for Miscellaneous Relief Fri 05/10 1:48 PM TEXT ORDER granting23 Joint MOTION for Entry of a Stipulated Scheduling Order : Plaintiff's motion for summary judgment due by 6/24/24; FDIC's Opposition and Cross Motion due by 7/15/24; Plaintiff's Reply and Opposition to the Cross Motion due by 8/7/24; and, FDIC's Cross Reply due by 8/28/24. Other deadlines entered as proposed. So Ordered by Chief Judge John J. McConnell, Jr. on 5/10/2024. (Jackson, Ryan) Related: [-]
Wednesday, May 08, 2024
23		23 motion Miscellaneous Relief Wed 05/08 2:32 PM Joint MOTION for Entry of a Stipulated Scheduling Order filed by Independence Bank. Responses due by 5/22/2024. (McDermott, Travis) Related: [-]
Monday, April 01, 2024
22		22 respm Reply to Response Mon 04/01 3:14 PM REPLY to Response re20 Response to Motion filed by Rhode Island Department of Business Regulations. (Gemma, Richard) Related: [-]
21		21 notice Notice (Other) Mon 04/01 3:05 PM NOTICE by Federal Deposit Insurance Corporation of Filing of Index of Administrative Record (Bond, Erik) Related: [-]
Tuesday, March 26, 2024
20		20 respm Response to Motion Tue 03/26 4:38 PM RESPONSE In Opposition to15 MOTION to Dismiss Plaintiff's Amended Complaint filed by Independence Bank. Replies due by 4/2/2024. (McDermott, Travis) Related: [-]
Wednesday, March 20, 2024
		order Order ~Util - Set Deadlines Wed 03/20 1:58 PM TEXT ORDER Entering19 Stipulation filed by Independence Bank, and setting deadline for Response to15 MOTION to Dismiss Plaintiff's Amended Complaint ; Responses due by 3/26/2024 ). So Ordered by Chief Judge John J. McConnell, Jr. on 3/20/2024. (Jackson, Ryan) Related: [-]
Tuesday, March 19, 2024
19		19 misc Stipulation Tue 03/19 2:41 PM STIPULATION re15 MOTION to Dismiss Plaintiff's Amended Complaint filed by Independence Bank. (McDermott, Travis) Related: [-]
Wednesday, March 13, 2024
		order Order ~Util - Set Deadlines Wed 03/13 2:47 PM TEXT ORDER Entering18 Stipulation for Extension of Time to Respond to15 MOTION to Dismiss Plaintiff's Amended Complaint ; Responses due by 3/19/2024 ). So Ordered by Chief Judge John J. McConnell, Jr. on 3/13/2024. (Jackson, Ryan) Related: [-]
Tuesday, March 12, 2024
18		18 misc Stipulation Tue 03/12 2:58 PM STIPULATION re15 MOTION to Dismiss Plaintiff's Amended Complaint filed by Independence Bank. (McDermott, Travis) Related: [-]
Friday, March 01, 2024
		order Order on Motion for Protective Order Fri 03/01 11:42 AM TEXT ORDER granting16 Motion for Protective Order. So Ordered by Chief Judge John J. McConnell, Jr. on 3/1/2024. (Jackson, Ryan) Related: [-]
		order Order on Motion for Miscellaneous Relief Fri 03/01 11:46 AM TEXT ORDER granting17 Joint MOTION Entry of a Stipulated Scheduling Order. Deadlines set as follows: Plaintiff's motion for summary judgment due by 5/15/24; FDIC's Opposition and Cross Motion due by 6/5/24; Plaintiff's Reply and Opposition to the Cross Motion due by 6/28/24; and, FDIC's Cross Reply due by 7/19/24. All other deadlines as described in the Motion are also granted. So Ordered by Chief Judge John J. McConnell, Jr. on 3/1/2024. (Jackson, Ryan) Related: [-]
Wednesday, February 28, 2024
17		17 motion Miscellaneous Relief Wed 02/28 2:42 PM Joint MOTION Entry of a Stipulated Scheduling Order filed by Federal Deposit Insurance Corporation. Responses due by 3/13/2024. (Bond, Erik) Related: [-]
16		16 motion Protective Order Wed 02/28 2:36 PM Joint MOTION for Protective Order Concerning Confidentiality filed by Federal Deposit Insurance Corporation. Responses due by 3/13/2024. (Bond, Erik) Related: [-]
Tuesday, February 27, 2024
15		15 motion Dismiss Tue 02/27 9:38 AM MOTION to Dismiss Plaintiff's Amended Complaint filed by Rhode Island Department of Business Regulations. Responses due by 3/12/2024.(Gemma, Richard) Related: [-]
		Att: 1 Supporting Memorandum
Tuesday, February 13, 2024
14		14 answer Answer to Amended Complaint Tue 02/13 1:12 PM ANSWER to12 Amended Complaint by Federal Deposit Insurance Corporation.(Bond, Erik) Related: [-]
Tuesday, February 06, 2024
		order Order ~Util - Set Deadlines Tue 02/06 4:49 PM TEXT ORDER Entering13 Stipulation to Extend Time to Respond filed by Rhode Island Department of Business Regulations; Rhode Island Department of Business Regulations answer due 2/29/2024. So Ordered by Chief Judge John J. McConnell, Jr. on 2/6/2024. (Jackson, Ryan) Related: [-]
Monday, February 05, 2024
13		13 misc Stipulation Mon 02/05 11:27 AM STIPULATION re12 Amended Complaint filed by Rhode Island Department of Business Regulations. (Gemma, Richard) Related: [-]
Wednesday, January 31, 2024
		order Order on Motion to Dismiss/Lack of Jurisdiction Wed 01/31 10:50 AM TEXT ORDER denying as moot without prejudice10 Motion to Dismiss and11 Motion to Dismiss in light of the filing of an12 Amended Complaint. So Ordered by Chief Judge John J. McConnell, Jr. on 1/31/2024. (Jackson, Ryan) Related: [-]
Tuesday, January 30, 2024
12		12 cmp Amended Complaint Tue 01/30 3:08 PM AMENDED COMPLAINT against Federal Deposit Insurance Corporation, Rhode Island Department of Business Regulations, filed by Independence Bank.(McDermott, Travis) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3
Tuesday, January 16, 2024
11		11 motion Dismiss/Lack of Jurisdiction Tue 01/16 3:36 PM MOTION to Dismiss for Lack of Jurisdiction filed by Rhode Island Department of Business Regulations. Responses due by 1/30/2024.(Gemma, Richard) Related: [-]
		Att: 1 Supporting Memorandum
10		10 motion Dismiss/Lack of Jurisdiction Tue 01/16 1:25 PM MOTION to Dismiss for Lack of Jurisdiction filed by Federal Deposit Insurance Corporation. Responses due by 1/30/2024.(Bond, Erik) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit
Friday, December 15, 2023
		order Order on Motion for Extension of Time to Answer Fri 12/15 1:54 PM TEXT ORDER granting9 Motion for Extension of Time to Answer; Federal Deposit Insurance Corporation answer due 1/16/2024; Rhode Island Department of Business Regulations answer due 1/16/2024. So Ordered by Chief Judge John J. McConnell, Jr. on 12/15/2023. (Jackson, Ryan) Related: [-]
Wednesday, December 13, 2023
9		9 motion Extension of Time to File Answer Wed 12/13 2:50 PM Consent MOTION for an Extension of Time to File Answer or Respond to the Complaint filed by All Defendants. Responses due by 12/27/2023. (Bond, Erik) Related: [-]
8		8 notice Notice of Appearance Wed 12/13 2:45 PM NOTICE of Appearance by Erik B. Bond on behalf of Federal Deposit Insurance Corporation (Bond, Erik) Related: [-]
Tuesday, December 12, 2023
7		7 misc Stipulation Tue 12/12 4:08 PM Second STIPULATION re1 Complaint filed by Rhode Island Department of Business Regulations. (Gemma, Richard) Related: [-]
6		6 notice Notice of Appearance Tue 12/12 3:41 PM NOTICE of Appearance by Richard L. Gemma on behalf of Rhode Island Department of Business Regulations (Gemma, Richard) Related: [-]
Friday, November 17, 2023
		order Order ~Util - Set Deadlines Fri 11/17 10:54 AM TEXT ORDER Entering5 Stipulation filed by Rhode Island Department of Business Regulations; Rhode Island Department of Business Regulations answer due 12/15/2023. So Ordered by Chief Judge John J. McConnell, Jr. on 11/17/2023. (Jackson, Ryan) Related: [-]
Thursday, November 16, 2023
5		5 misc Stipulation Thu 11/16 9:39 AM STIPULATION re1 Complaint filed by Rhode Island Department of Business Regulations. (Shaw, Matthew) Related: [-]
Thursday, November 09, 2023
4		4 notice Notice of Appearance Thu 11/09 3:22 PM NOTICE of Appearance by Matthew I. Shaw on behalf of Rhode Island Department of Business Regulations (Shaw, Matthew) Related: [-]
Friday, October 27, 2023
3		3 service Summons Issued Fri 10/27 4:37 PM Summons Issued as to Federal Deposit Insurance Corporation, Rhode Island Department of Business Regulations.(Hill, Cherelle) Related: [-]
		Att: 1 Summons
2		2 notice Case Opening Notice (Form Attached) Fri 10/27 4:20 PM CASE OPENING NOTICE ISSUED (Hill, Cherelle) Related: [-]
1		1 16 pgs cmp Complaint - New Case Fri 10/27 3:50 PM COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1925770 ), filed by Independence Bank.(McDermott, Travis) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summons,
		Att: 3 Summons
		utility Case Assigned/Reassigned Fri 10/27 4:20 PM Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle) Related: [-]

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