Legal Opinion
Beninati v. Federal Deposit Insurance
District Court, E.D. New York
Decided July 13, 1999No. 96 CV 3665(RJD)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DEARIE, District Judge.
Defendant Federal Deposit Insurance Corporation moves to dismiss the complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Stephen Beninati cross moves to amend his complaint to add the United States as a defendant.
Defendant’s motion to dismiss is granted. Plaintiffs motion to amend the complaint is denied.
BACKGROUND
Plaintiff brings this action pursuant to 12 U.S.C. § 1821(d)(5) seeking damages in the amount of $5,000,000. The complaint alleges that the FDIC breached its “fiduciary duty and its duty to act in good faith” and…
2Cases cited28 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Foman v. DavisSupreme Court of the United States · 1962
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Dalehite v. United StatesSupreme Court of the United States · 1953
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3Cited by2 opinions
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