Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD Document 556-2 Filed 07/15/2008 Paget of 4
UNITED STATES DISTRICT COURT ‘ ‘ F J V ..
DISTRICT OF CONNECTICUT
INDYMAC BANK, F.S.B.
Plaintiff Civil Action No.
v. 3:00CV835(CFD)
MOSTAFA REYAD and WAFA REYAD
Defendants Date: JULY 14,2008
DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION
TO DECLARE PLAINTIFF’S DEATH AND STAY ALL
PROCEEDINGS PENDING SUBSTITUTION
This is Defendants Mostafa Reyad and Wafa Reyad Meorandum of Law
in Support for their Motion to Declare the Death of the only Plaintiff in this
Action. INDYMAC BANK, F.S.B., has Died on July l l, 2008 by the Operation of
Law. It is on July ll, 2008, at 3:30 p.m. FDIC has seized Plaintiff s Operation,
sent its Chairman, Mr. Michael Perry home. On July 12, 2008 FDIC has changed
the name to INDYMAC FEDERAL BANK, and opened the New Bank. FDIC is
not in the business of ownership or operating banks, the sole reason for opening the
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Case 3:00-cv-00835-CFD Document 556-2 Filed 07/15/2008 Page 2 of 4
bank under different name is to insure depositors, however, it insure depositors,
each up to S 100,000 for individual accounts, and up to EE 250,000 for IRA
accounts. Any depositors own accounts above that limit are not insured. It is too
early to know how much over the limit depositors may lose. The mere fact is
Plaintiff has died on July ll, 2008. Notice is hereby given, Pursuant to Fed. R.
Civ. P. Rule 25(a), Plaintiff s attorney or any representative of Plaintiff must
apply for substitute Plaintiff within 90 days of this notice, that is to say, on or
before October 14, 2008, or the Action must be Dismissed. Application for that
substitute to carry its rights and liabilities, g, Rule 25(a):
Rule 25. Substitution of Parties
(a) Death.
(1) Substitution if the Claim Is Not Extinguished.
If a party dies and the claim is not extinguished, the
court may order substitution of the proper party. A
motion for substitution may be made by any party or
by the decedent's successor or representative. If the
motion is not made within 90 days after service of a
statement noting the death, the action by or against
the decedent must be dismissed.
The instant action is under Appellate Court Review, not extinguished yet.
Defendants also Amended their Appeal to same. Accordingly, Rule 25
must apply, and if no substitution till October 14, 2008, this Court or the
Second Circuit Court of Appeal, whenever Jurisdiction fit, must Dismiss the
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Case 3:00-cv-00835-CFD Document 556-2 Filed 07/15/2008 Page 3 of 4
Entire Action. In the interim, all proceedings must Stay pending the
substitution, including the Hearing Scheduled Ordered on July 18, 2008 at
2:00pm., as a matter of law.
The fendant The Defendant
r1\/[los Reyad Wafa Reyad
\,\\\ \\` ,
Bygfhult `dn·— By
Mostafa`Reyad Wafa Reyad
92 Aristotle Way 92 Aristotle Way
Cranbury, NJ 08512-2550 Cranbury, NJ 08512-2550
Phone : 201-621-3925 Phone : 201-621-392E.mail:
Reyad(q)o}vto.nlin,e.net E.mail:Reyad@optonline.
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Case 3:00-cv-00835-CFD Document 556-2 Filed 07/15/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, the undersigned Mostafa Reyad, certifies, that on the captioned date or before
has served the attached document by mailing a true and correct copy to the
following:
1- Attorney Rowena A. Moffett
Brenner, Saltzman & Wallman
271 Whitney Avenue
New Haven, CT 06511
2- American Express IDS/Ameriprise Financial
c/o Gene Kodadek, Esq.
Ameriprise Financial
70100 Ameriprise Financial Center
Minneapolis, MN 55474
3- Variable Annuity Life Insurance Co.
c/o Joshua Cohen, Esq.
Day Pitney LLP li
One Audubon St. ll Z3
New Haven, CT 06511 \ \\ {
l / `p ,..3}. ~
Mostaial Reyad
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