Intercontinental Travel Marketing, Inc. v. Federal Deposit Insurance Corporation, as Receiver for Gateway National Bank

In this appeal, we address the effect of a claimant’s failure to pursue administrative remedies before the expiration of the claims bar date specified in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). We have jurisdiction over this appeal under 28 U.S.C. § 1291 . Because we find that the district court properly dismissed this case for lack of subject matter jurisdiction, we affirm.

I. FACTS

On or about July 25,1989, Intercontinental Travel Marketing (“ITM”) and Gateway National Bank (“GNB”) entered into a Merchant Bankcard Agreement. On January 9, 1990, ITM filed suit in the United States District Court for the District of Arizona against GNB and Southwestern States Bankcard Association (“SSBA”), alleging breach of the terms of the Agreement. (SSBA processed the credit transactions between ITM and GNB.) On February 15, 1990, after GNB had been placed in receivership, the Federal Deposit Insurance Corporation (“FDIC”) assumed control of GNB. In an order dated March 8, 1990, ITM and the FDIC entered a stipulation substituting the FDIC as defendant in the lawsuit. In furtherance of its role as receiver, the FDIC executed a purchase and…