Ard

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

On July 11, 2008, the Office of Thrift Supervision (“OTS”) closed IndyMac Bank and appointed the Federal Deposit Insurance Corporation (“FDIC”) as the bank’s receiver pursuant to 12 U.S.C. § 1821 (c)(2)(A). Plaintiffs Lesley Ard and Steven Ard, depositors with IndyMac who lost approximately $2,131,034.00 as a result of the bank’s closure, previously filed suit in this district against the FDIC as receiver, alleging wrongful acts by IndyMac (Case No. CV 09 — 4115). Plaintiffs’ claims were dismissed as prudentially moot. Plaintiffs have now filed an action against the United States seeking damages for alleged negligence by the OTS and the FDIC in its corporate capacity.

Plaintiffs commenced this action on May 19, 2010. On June 10, 2010, plaintiffs filed a first amended complaint, naming the United States of America as defendant and dismissing the FDIC and the OTS. On October 29, 2010, the United States moved to dismiss plaintiffs’ amended complaint asserting that their claims are barred by res judicata and collateral estoppel. The United States also asserts that the court lacks subject matter jurisdiction to hear plaintiffs’ claims…