Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 471

Filed 08/09/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: AUGUST 4, 2006

MOTION TO DISMISS PURSUANT TO FRCP 12(b)(1)

Defendant Mostafa Reyad hereby respectfully moves this Court pursuant to Fed. R. Civ. P. 12(b)(1) to dismiss Plaintiff s entire complaint. Plaintiff, namely IndyMac Mortgage Holdings, Inc. claims falsely that, it was doing business as Warehouse Lending Corporation of America WLCA , at the time it filed the instant action, and it was a corporation organized under the laws of Delaware with its place of business in California. During the Trial April 6,7 and 29, 2004, Plaintiff failed to acknowledge or even present the documents of Plaintiff s Corporate Structure [premarked Plaintiff s exhibits 15-25]. Surprisingly, the court in its Decision (Doc # 466) dated July 26, 2006 p. 12, adopted Plaintiff s incorrect statements of Plaintiff s Post-Trial Memorandum (Doc # 441) dated December 21, 2004, p. 6 without any evidence, and overlooked or disregarded Defendants Exhibits # 14 & # 15 which relates to the same issue adopted by the Court.

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Case 3:00-cv-00835-CFD

Document 471

Filed 08/09/2006

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The originals of Defendants Exhibits # 14 & # 15 have the seal of California Secretary of State, acknowledged at Trial and maintained by the Court. Exhibit # 14 is the evidence that WLCA on October 5, 1994 has changed its name to Independent Lending Corporation. WLCA has ceased to exist and no registration with the Secretary of the State for a doing business as , as this Court Decision p. 12, Moreover, there is no documents show any merger, and it show that Independent Lending Corporation did not merge with any entity, but it surrendered its certificate and surrendered its rights to transact intrastate business as of February 23, 1998, and ceased to exist. The Court Decision p. 12 Ruling: At the time it entered into the Loan Agreement, Independent Lending Corporation (which had legally changed its corporate name from Warehouse Lending Corporation of America, Inc. effective October 5, 1994) was properly registered to do business under the trade name of Warehouse Lending Corporation of America. Defendants Exhibit # 14 show that the official records of the Secretary of State does not include any registration for doing business as. The Court Decision furtherly Ruled p. 12.

Thereafter, as a result of a series of mergers and properly registered name changes, Independent Lending Corporation ultimately changed its name to IndyMac Mortgage Holdings, Inc., one of the initial named plaintiffs in this action. IndyMac Mortgage Holdings, Inc. was properly registered to do business under the trade name of Warehouse Lending Corporation of America.

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Case 3:00-cv-00835-CFD

Document 471

Filed 08/09/2006

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Defendants Exhibit # 15, does not show any record of merger, nor it shows that IndyMac Mortgage Holdings, Inc. was doing business as WLCA, in other words no registration and no name related to either Independent Lending Corporation, or Warehouse Lending Corporation of America.

Thus, Plaintiff deceived the Court and the Court issued its Decision as per Plaintiff s false statements of series of mergers and registrations, while the documents maintained with California Secretary of the State show no merger ever occurred and no registration ever recorded. Plaintiff cheated the Court, and the Court based its relevant opinion on merger and consolidations never existed and registrations never recorded rendering the three (3) cases cited by the Court p. 12 meaningless, lacking any significance.

CONCLUSION Defendant has met his burden of proof and this Court acknowledged Defendants Exhibits # 14 # 15 on April 7, 2004, and Plaintiff provided false statements of merger, consolidation and registration on his memorandum on December 21, 2004. Pursuant to the Rules of Evidence and pursuant to Fed. R. Civ. P. Rule 12 (b)(1), Plaintiff lacks standing and this Court lacks subject matter jurisdiction, and must dismiss Plaintiff s entire complaint as a matter of law.

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Case 3:00-cv-00835-CFD

Document 471

Filed 08/09/2006

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The Defendant Mostafa Reyad

By:

/s/ Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Home Phone # 201-585-0562 Day Phone # 203-325-4100 Email: [email protected]

CERTIFICATE OF SERVICE

The undersigned certifies that he hand delivered on August 4, 2006 a true and correct copy of the motion, to the office of Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511 and hand delivered to Wafa Reyad.

/s/ Mostafa Reyad

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