Federal Deposit Insurance v. Kime

ENTRY ON MOTION TO DISMISS

TANYA WALTON PRATT, District Judge.

This matter is before the Court on the Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted (Dkt. 25) filed by Defendants Bradley J. Kime, Duncan Burdette, Kim Roerig, and Michael Waters (collectively, “Defendants”). For the reasons set forth below, the Defendants’ Motion is DENIED.

I. BACKGROUND

The Federal Deposit Insurance Corporation (“FDIC”) initiated this action as Receiver for two banks — Irwin Union Bank and Trust Company and Irwin Union Bank, FSB…