Bank of the Ozarks v. Khan

ORDER

ORINDA D. EVANS, District Judge.

This action to recover on a note is before the Court on Motions to Dismiss and a Motion to Strike Affirmative Defenses. This case involves a dispute among former business partners in various real estate investments. For the following reasons, Bank of the Ozarks’ Motion to Dismiss Counterclaims and Strike Affirmative Defenses [Doc. 38] is GRANTED in part and DENIED in part. Rahim Sabadia and Ishtiaq Khan’s Counterclaims against Bank of the Ozarks are barred by the D’Oench Duhme doctrine and that doctrine’s codification in 12 U.S.C. § 1823(e) and must be…