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Doral.complaint Federal

Doral.complaint Federal

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Published by John E. Mudd
Complaint against the FDIC etc
Complaint against the FDIC etc

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Published by: John E. Mudd on Jul 23, 2014
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08/27/2014

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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO DORAL BANK, Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, TRIBUNAL de PRIMERA INSTANCIA, SALA de FAJARDO, ENVIRONMENTAL QUALITY BOARD OF THE COMMONWEALTH OF PUERTO RICO and SOCIAL INTEREST GROWTH ASSOCIATES CORPORATION, Defendants. CIVIL NO.: RE: DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
COMES NOW, Plaintiff, DORAL BANK (hereinafter "DORAL"), by and through its undersigned counsel to file this, its Complaint for Declaratory Judgment and Injunctive Relief against Defendants, FEDERAL DEPOSIT INSURANCE CORPORATION (hereinafter “FDIC”), TRIBUNAL de PRIMERA INSTANCIA, SALA de FAJARDO (hereinafter “COURT OF FIRST INSTANCE”), ENVIRONMENTAL QUALITY BOARD OF THE COMMONWEALTH OF PUERTO RICO (hereinafter “EQB”) and SOCIAL INTEREST GROWTH ASSOCIATES CORPORATION (hereinafter “SIGA”), and alleges as follows:
PARTIES
1.
 
DORAL is a federally insured banking institution duly organized and 
 
authorized to do business in the Commonwealth of Puerto Rico. DORAL’s principal  place of business is in San Juan, Puerto Rico.
 
Case 3:14-cv-01570-PAD Document 1 Filed 07/22/14 Page 1 of 15
 
 2 2.
 
The FDIC is an independent agency of the United States created by the Federal Deposit Insurance Act (hereinafter “FDIC ACT”), 12 U.S.C. § 1811 et seq., and related laws and regulations. The FDIC insures the deposits of all banking and savings associations which are entitled to the benefits of insurance under Chapter 16 of Title 12 of the United States Code. The FDIC insures the deposits of DORAL. 3.
 
The COURT OF FIRST INSTANCE is the lower level court within the Judicial Branch of the Commonwealth of Puerto Rico, created by Act No. 201 of August 22, 2003, as amended, which is composed of two hundred and fifty three (253) superior  judges and eighty five (85) municipal judges with courthouses located in various regions within the Commonwealth of Puerto Rico, including in the Municipality of Fajardo. The Honorable Isabel López, Superior Judge, in the Court of First Instance of Fajardo, issued an order, without jurisdiction and in violation of 12 U.S.C.A. § 1818(i), which affects the enforcement of a prior FDIC Consent Order which is at issue in this action. 4.
 
The EQB is an agency of the government of the Commonwealth of Puerto Rico. It is charged with the obligation and authority to protect and conserve the environment of Puerto Rico. The EQB has petitioned the COURT OF FIRST INSTANCE to sanction DORAL for its failure to comply with the order of Judge López which compels DORAL to violate the terms of the prior FDIC Consent Order which is at issue in this action. 5.
 
SIGA is a corporation duly organized and authorized to conduct business under the laws of the Commonwealth of Puerto Rico. SIGA’s principal place of business is San Juan, Puerto Rico. SIGA is the owner of real property on which an abandoned wastewater treatment facility, serving only adjacent land owners, is located. DORAL is
Case 3:14-cv-01570-PAD Document 1 Filed 07/22/14 Page 2 of 15
 
 3 the owner and holder of a mortgage on the real property. SIGA contends that it is the responsibility of DORAL, as mortgagee, to rehabilitate and operate the wastewater treatment facility owned by SIGA for the benefit of SIGA. The COURT OF FIRST INSTANCE has entered a permanent mandatory injunction compelling DORAL to do so.
JURISDICTION AND VENUE
 6.
 
Jurisdiction is proper in this Court pursuant to 12 U.S.C. § 1819 (b)(2), 1331 and 28 U.S.C. § 1345 because this action arises under the FDIC Act 12 U.S.C. §1811, et seq. In addition, pursuant to 12 U.S.C. § 1819(b)(2), with certain exceptions not applicable to the instant case, all civil lawsuits in which the FDIC, in any capacity, is a  party are deemed to arise under the laws of the United States. 7.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(e) because a substantial part of the events, acts or omissions giving rise to the need for a declaration of rights and permanent injunction occurred in this District and a defendant is an agency of the United States.
STATEMENT OF CLAIM FOR DECLARATORY RELIEF
 8.
 
This is an action brought by DORAL for declaratory relief pursuant to 28 U.S.C.A. § 2201 to declare the rights, obligations, status and legal relations of DORAL, the FDIC, the COURT OF FIRST INSTANCE, the EQB and SIGA under an FDIC Consent Order; the Judgment of the COURT OF FIRST INSTANCE; Law No. 9 of June 18, 1970, as amended in 2004; and, the mortgage provided to DORAL by SIGA. 9.
 
In 2005, Doral granted certain credit facilities to SIGA collateralized by, among other things, mortgages on certain real estate owned by SIGA. SIGA defaulted under its obligations under the credit facilities and DORAL filed suit for collection of the
Case 3:14-cv-01570-PAD Document 1 Filed 07/22/14 Page 3 of 15

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