Brockman

The Resolution Trust Corporation appeals the district court’s decision to sua sponte remand this case to state court after the removing party, the Federal Deposit Insurance Corporation, was dismissed from the action. We have jurisdiction, 12 U.S.C. § 1441a(Z )(3)(C), and we reverse.

FACTS

This action was originally commenced in Arizona Superior Court by appellee Shirley Brockman, as natural mother and special conservator of Michael Brockman, against Merabank, a federal savings bank, and various other individual defendants. The complaint alleged various state law causes of action in connection with a fiduciary account held at Merabank on behalf of Michael Brockman.

Merabank was placed in federal receivership on January 30,1990. Brockman amended her complaint on May 11,1990, to add the Resolution Trust Corporation as a defendant in its capacity as a receiver for Merabank.

On April 24, 1991, Brockman filed a Third Amended Complaint, adding the Federal Deposit Insurance Corporation as a defendant. The FDIC removed the action to federal court on May 23,1991, pursuant to 12 U.S.C. § 1819 (b)(2)(A). The FDIC subsequently moved to dismiss the Third Amended Complaint against it,…