Jafari

ORDER GRANTING THIRD PARTY DEFENDANT’S MOTION TO DISMISS

This case first came to the Court in early August 2012, when Jafari applied for a temporary restraining order to block the FDIC from foreclosing on a home he’d just bought in Rancho Santa Fe. The Court denied the application on August 22, for two reasons. First, Jafari’s grievance with the FDIC hadn’t been exhausted administratively. Second, the Court lacked the authority, anyway, to enjoin the FDIC’s exercise of its statutory powers as a receiver. Jafari dismissed the case on August 30.

In the meantime, on August 27, First American Title Insurance paid the FDIC the amount it claimed was due on the home loan, $3,649,067.10, so it would re-convey the deed of trust, which it did. Then, on October 18, Jafari’s grievance with the FDIC was finally resolved against *1127 him. That cleared the way to file a fresh lawsuit against the FDIC, essentially to recover the money First American paid to the FDIC. Indeed, Jafari concedes that while he’s a named Plaintiff in this case, “First American is controlling the litigation and has authority to resolve it.” (Doc. No. 20 at 2.)

Several months after this case had been fitted, the FDIC…