Charlotte Bueford v. Resolution Trust Corporation, as Receiver for United Federal Savings Bank of Iowa

991 F.2d 481, 122 A.L.R. Fed. 815, 1993 U.S. App. LEXIS 7885, 61 Empl. Prac. Dec. (CCH) 42,189, 61 Fair Empl. Prac. Cas. (BNA) 881, 1993 WL 116971
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 16, 1993
Docket92-1708
StatusPublished
Cited by124 cases

This text of 991 F.2d 481 (Charlotte Bueford v. Resolution Trust Corporation, as Receiver for United Federal Savings Bank of Iowa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charlotte Bueford v. Resolution Trust Corporation, as Receiver for United Federal Savings Bank of Iowa, 991 F.2d 481, 122 A.L.R. Fed. 815, 1993 U.S. App. LEXIS 7885, 61 Empl. Prac. Dec. (CCH) 42,189, 61 Fair Empl. Prac. Cas. (BNA) 881, 1993 WL 116971 (8th Cir. 1993).

Opinion

BEAM, Circuit Judge.

This appeal results from the district court’s dismissal of Bueford’s employment discrimination action against the Resolution Trust Corporation. The district court found that Bueford’s failure to exhaust the administrative procedure detailed in 12 U.S.C. § 1821(d) deprived it of jurisdiction, and therefore dismissed the action with prejudice. We affirm.

I. BACKGROUND

On March 14, 1990, Bueford filed an employment discrimination action in the District Court of Polk County, Iowa, pursuant to Title VII, 42 U.S.C. §§ 2000e et seq. and to section 601A.16 of the Code of Iowa (1989). In her complaint, Bueford alleged that she was wrongfully terminated from her job with United Federal Savings Bank of Iowa (“United Federal”) as a result of age and race discrimination. She properly exhausted administrative remedies, and received a right to sue letter from the Iowa Civil Rights Commission. Appendix at 10. Bueford then filed suit in the district court. While the matter was still pending, the Office of Thrift Supervision appointed the Resolution Trust Corporation (“RTC”) as the receiver for United Federal. In a letter dated March 29, 1991, the RTC notified Bueford’s attorney of the receivership, as required by the 1989 Financial Institutions Reform, Recovery, and Enforcement Act, (“FIRREA”) 12 U.S.C. § 1821(d)(3). 1 This letter notified Bueford that:

all persons, firms, corporations, partnerships, associations, trusts, estates, or other entities of whatever nature, who may have claims against the Association, are directed to present any such claims, together with legal proof thereof, to the Resolution Trust Corporation.... Any such claim not presented to the Resolution Trust Corporation before June 30, 1991, may be barred. 2

Appendix at 55-56. On May 14, 1991, the RTC was substituted as the real party in interest in Bueford’s employment discrimination case.

The RTC removed the action from the Iowa District Court to the United States District Court for the District of Columbia, pursuant to 12 U.S.C. § 1441a(a)(ll). The RTC then moved for a change of venue under 28 U.S.C. § 1404(a). On June 19, 1991, the case was transferred to the United States District Court for the Southern District of Iowa. On September 27, 1991, the RTC filed a motion under Federal Rule of Civil Procedure 12(b)(1) to dismiss the claim for lack of subject matter jurisdiction. In this motion, the RTC contended that Bueford’s failure to exhaust the administrative procedures as mandated by 12 U.S.C. § 1821(d) deprived the court of jurisdiction to hear the case. The district court granted the RTC’s motion to dismiss with prejudice, and this appeal ensued.

II. DISCUSSION

Bueford appeals the district court’s 12(b)(1) dismissal of her case contending that: (1) FIRREA does not mandate admin *484 istrative review; (2) FIRREA does not apply to pending actions; (3) the RTC is es-topped from asserting a lack of subject matter jurisdiction; (4) if FIRREA does mandate administrative review, the requirement violates due process; and (5) the RTC failed to comply with the statutory notice provisions. Subject matter jurisdiction in this case is a question of law, and we review de novo. Osborn v. United States, 918 F.2d 724, 730 (8th Cir.1990).

A. Subject Matter Jurisdiction

The language of FIRREA clearly indicates that unless administrative procedures are complied with, no court shall have jurisdiction to evaluate a claim brought against a failed banking institution for whom the RTC has been appointed receiver. 3 Every court that has considered the issue has found exhaustion of FIR-REA’s administrative remedies to be a jurisdictional prerequisite to suit in district court. See Henderson v. Bank of New England, 986 F.2d 319 (9th Cir.1993) (section 1821(d)(13)(D) strips all courts of jurisdiction over claims made outside the administrative procedures of section 1821); Office and Professional Employees Int’l Union Local 2 v. FDIC, 962 F.2d 63, 66 (D.C.Cir.1992) (“FIRREA, particularly 12 U.S.C. § 1821(d)(6) and (13)(D) ... preclude suit on a claim that was not first presented to the Receiver”); Meliezer v. RTC, 952 F.2d 879, 882 (5th Cir.1992) (the language of FIRREA makes it clear that exhaustion of administrative remedies is a prerequisite for judicial intervention); RTC v. Elman, 949 F.2d 624, 627 (2d Cir.1991) (a claimant must first present its case to the RTC under the administrative procedures erected by FIRREA before seeking relief in the federal courts); Rosa v. RTC, 938 F.2d 383, 391 (3d Cir.) (same), cert. denied, — U.S. -, 112 S.Ct. 582, 116 L.Ed.2d 608 (1991). 4 Indeed, the Supreme Court has consistently held that where Congress has imposed an administrative exhaustion requirement by statute, the exhaustion of those procedures is mandatory. Coit Independence Joint Venture v. Federal Sav. & Loan Ins. Corp., 489 U.S. 561, 579, 109 S.Ct. 1361, 1371, 103 L.Ed.2d 602 (1989).

We agree with the conclusion reached by the other circuits. The language of the statute makes it clear that administrative exhaustion is required before any court acquires subject matter jurisdiction over a claim brought against the RTC as receiver for a failed banking institution. 5

*485 B. Pending Litigation

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991 F.2d 481, 122 A.L.R. Fed. 815, 1993 U.S. App. LEXIS 7885, 61 Empl. Prac. Dec. (CCH) 42,189, 61 Fair Empl. Prac. Cas. (BNA) 881, 1993 WL 116971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlotte-bueford-v-resolution-trust-corporation-as-receiver-for-united-ca8-1993.