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
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
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