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UNITED WESTERN BANK v. OFFICE OF COMPTROLLER

Civil Action No. 11-0408(ABJ).

928 F.Supp.2d 70 (2013)

UNITED WESTERN BANK, Plaintiff, v. OFFICE OF THE COMPTROLLER OF THE CURRENCY, et al., Defendants.

United States District Court, District of Columbia.

March 5, 2013.

Attorney(s) appearing for the Case

Andrew L. Sandler, Samuel John Buffone, Liana R. Prieto, Buckleysandler LLP, Kirby D. Behre Lawrence Kaplan, Paul Hastings LLP, Michael R. Williams Buckleysandler LLP, Washington, DC,

Theodore J. Abariotes, United Western Bancorp, Inc., Denver, CO, for Plaintiff.

Christopher A. Sterbenz, Gregory F. Taylor, Office of The Comptroller of The Currency, Washington, DC, for Defendants.

MEMORANDUM OPINION

AMY BERMAN JACKSON, District Judge.

The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") grants the Director of the Office of Thrift Supervision ("OTS" or "the agency") "exclusive power and jurisdiction" to appoint a receiver or conservator for a savings association "if the Director determines, in the Director's discretion, that 1 or more of the grounds specified in section 1821(c)(5) of this title...

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