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MTB Enterprises, Inc. v. ADC Venture 2011-2, LLC

United States Court of Appeals, Ninth Circuit

March 23, 2015

MTB ENTERPRISES, INC., a Utah corporation; MICHAEL T. BILANZICH, an individual; HAIRWARE USA, INC., a Utah corporation, Plaintiffs-Appellants,
v.
ADC VENTURE 2011-2, LLC, a Delaware LLC, Defendant-Appellee.

Appeal from the United States District Court for the District of Idaho. D.C. No. 1:12-cv-00331-EJL. Edward J. Lodge, District Judge, Presiding.

SUMMARY [**]

Subject Matter Jurisdiction

The panel dismissed for lack of subject matter jurisdiction an appeal from the district court's order dismissing claims arising when financial institution ANB Financial failed.

The panel held that the venue provision in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. § 1821(d)(6)(A), is a jurisdictional limitation on federal court review. The panel further held that Congress vested two federal district courts with jurisdiction over this lawsuit: the United States District Court for the Western District of Arkansas, where the failed bank's principal place of business was located, and the United States District Court for the District of Columbia. The panel concluded that because the plaintiffs filed their complaint in the United States District Court for the District of Idaho, that court lacked subject matter jurisdiction.

Geoffrey J. McConnell and Chad M. Nicholson, Meuleman Mollerup LLP, Boise, Idaho; and Sean N. Egan, Salt Lake City, Utah, for Plaintiff-Appellant.

Larry E. Prince and A. Dean Bennett, Holland & Hart LLP, Boise, Idaho, for Defendant-Appellee.

Before: M. Margaret McKeown, Richard C. Tallman, and John B. Owens, Circuit Judges. Opinion by Judge McKeown.

OPINION

Page 1257

McKEOWN, Circuit Judge:

Introduction

This case is about a bank loan gone awry--and where parties can sue to recoup their losses when a financial institution fails. Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (" FIRREA" or " the Act" ), claimants in cases involving failed institutions must file suit either in the district in " which the depository institution's principal place of business is located or the United States District Court for the District of Columbia (and such court shall have jurisdiction to hear such claim)." 12 U.S.C. § 1821(d)(6)(A)(ii). The question of first impression in our circuit is whether this procedural provision is jurisdictional or simply a venue requirement subject to waiver. We conclude that this section sets out the subject-matter jurisdiction of the court.

Background

In 2007, as the real estate boom edged toward its prerecession peak, MTB Enterprises, Inc., entered into a financing arrangement in which ANB Financial agreed to provide it with a $17 million loan and line of credit to ...


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