Loftus v. Federal Deposit Insurance

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the Court on motion of Defendant Federal Deposit Insurance Corporation (“FDIC”), as Receiver for Plantation Federal Bank (“Bank”), to dismiss Plaintiffs’ Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant also requests that the Court take judicial notice of six exhibits accompanying its Motion to Dismiss and Reply. For the reasons set forth herein, Defendant’s Motion to Dismiss and Request for Judicial Notice is denied.

BACKGROUND

This action arises out of the FDIC’s denial of benefits…