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CADC-RADC VENTURE 2011-1, LLC v. STEWART

Case No. 2:10-cv-00647-EJL-MHW.

CADC-RADC VENTURE 2011-1, LLC, a Delaware LLC, Plaintiff, v. DAVID P. STEWART and TERESA M. STEWART, husband and wife, Defendants. DAVID P. STEWART and TERESA M. STEWART, husband and wife, Counterclaimants, v. FEDERAL DEPOSIT INSURANCE COMPANY, as Receiver for Premier Bank, a Missouri Banking Corporation, Counterdefendant.

United States District Court, D. Idaho.

January 12, 2012.

Attorney(s) appearing for the Case

CADC-RADC Venture 2011-1, LLC, a Delaware LLC, Plaintiff represented by Michael E Ramsden , RAMSDEN & LYONS.

CADC-RADC Venture 2011-1, LLC, Plaintiff, represented by Timothy J Giesa , REED & GIESA.

CADC-RADC Venture 2011-1, LLC, Plaintiff, represented by David W White , FOLAND WICKENS EISFELDER ROPER & HOFER, P.C., Pro Hac Vice.

CADC-RADC Venture 2011-1, LLC, Plaintiff, represented by Mark M Haddad , FOLAND WICKENS EISFELDER ROBER & HOFER, P.C., Pro Hac Vice.

David P Stewart, Defendant, Pro Se.

Teresa M Stewart, Defendant, Pro Se.

David P Stewart, Counter Claimant, Pro Se.

Teresa M Stewart, Counter Claimant, Pro Se.

FDIC, as Receiver for Premier Bank, a Missouri Banking Corporation formerly doing business as Premier Bank, Counter Defendant, represented by Michael E Ramsden , RAMSDEN & LYONS.

FDIC, Counter Defendant, represented by David W White , FOLAND WICKENS EISFELDER ROPER & HOFER, P.C., Pro Hac Vice.

FDIC, Counter Defendant, represented by Mark M Haddad , FOLAND WICKENS EISFELDER ROBER & HOFER, P.C., Pro Hac Vice.

REPORT AND RECOMMENDATION

MIKEL H. WILLIAMS, Magistrate Judge.

Currently pending before the Court is Federal Deposit Insurance Corporation, as Receiver for Premier Bank,'s Motion to Dismiss the Stewarts' Counterclaims for Failure to Exhaust Administrative Remedies (Dkt. 24). Federal Deposit Insurance Corporation ("FDIC-R") brings this Motion to Dismiss on the grounds that the Stewarts failed to exhaust their administrative remedies as required by the Financial...

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