Disibio

MEMORANDUM **

Lewis and Mary diSibio appeal pro se the district court’s summary judgment for Mission National Bank (“MNB”) in their action alleging federal and state law violations that occurred during the Resolution Trust Corporation’s (“RTC”) placement of City Federal Savings and Loan Association (“City Federal”), into receivership with MNB. We review de novo the district court’s summary judgment, Intercontinental Travel Mktg., Inc. v. FDIC, 45 F.3d 1278, 1282 (9th Cir.1994), and we affirm.

The district court properly dismissed the diSibios’ claims against City Federal because they failed to exhaust their administrative remedies before the RTC. See 12 U.S.C. § 1821 (d)(13)(D); Intercontinental Travel Mktg., Inc., 45 F.3d at 1282 (holding that the district court lacks jurisdiction to consider claims against a failed financial institution unless they are first brought before the FDIC); see also Resolution Trust Corp. v. First Am. Bank, 155 F.3d 1126, 1127 (9th Cir. 1998) (stating that the RTC was the FDIC’s predecessor).

The district court properly held that the terms of the receivership contract between RTC and MNB — the Deposit Insurance Transfer and Asset Purchase Agreement…