Federal Deposit Insurance v. Nordbrock

102 F.3d 335, 1996 WL 695565
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 6, 1996
Docket96-1481
StatusPublished
Cited by5 cases

This text of 102 F.3d 335 (Federal Deposit Insurance v. Nordbrock) 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
Federal Deposit Insurance v. Nordbrock, 102 F.3d 335, 1996 WL 695565 (8th Cir. 1996).

Opinions

BRIGHT, Circuit Judge.

The Federal Deposit Insurance Corporation (FDIC), in its corporate capacity, sued Gerald L. Nordbrock, a resident of Nebraska, on a promissory note. The district court1 granted summary judgment for the FDIC.

Nordbrock contends that the applicable statute of limitations under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1821 (1994), bars this action. Nordbrock also contends that the district court erred in rejecting his affirmative defense of laches. We affirm.

I. BACKGROUND

The facts are not in dispute. In the late 1970’s, Gerald L. Nordbrock acquired the Mt. Pleasant Bank and Trust Company in Iowa. Nordbrock subsequently began a lending relationship with the State Bank of Cuba (Cuba Bank), which was organized and existed under Illinois state law.

In 1981, Nordbrock borrowed $168,000 from Cuba Bank and signed a promissory note. Nordbrock and Cuba Bank renewed the note four times during the next three years, eventually executing the promissory note of June 29, 1984, at issue here, for the principal amount of $264,820.54. The note contained a contractual choice of law provision requiring that Illinois law governed the contract.

On June 29, 1985, the note matured and Nordbrock began making payments. On August 26, 1985, Nordbrock paid $5,000 and on September 1,1986, he paid $2,000.

In January 1987, the Illinois Commissioner of Banks ordered that Cuba Bank be closed. The FDIC was subsequently appointed receiver of Cuba Bank and Nordbrock’s 1984 promissory note was among the assets purchased by the FDIC as receiver. Between [337]*3371988 and 1990, Nordbrock unsuccessfully attempted to negotiate a settlement with the FDIC. On June 13, 1994, the FDIC filed suit against Nordbrock for $264,820.54, approximately seven years after the FDIC purchased the note.

On January 4, 1996, the United States District Court for the District of Nebraska granted the FDIC’s motion for summary judgment and denied Nordbroek’s cross-motion for summary judgment. The court held that the FDIC’s action was not time-barred and that there were no genuine issues of material fact concerning Nordbroek’s liability on the promissory note. The district'court also denied Nordbroek’s affirmative defenses of laches, estoppel and waiver. The district court entered judgment against Nordbrock in the amount of $634,484.74 for principal and interest due on the promissory note.

II. DISCUSSION

“We review the district court’s grant of summary judgment de novo.” Landreth v. First Nat’l Bank, 45 F.3d 267, 268 (8th Cir. 1995). This review requires us to “determine whether the evidence, viewed in the light most favorable to the nonmoving party, shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Id.

We also review the district court’s application of Nebraska’s choice of law rules de novo. Enron Corp. v. Lawyers Title Ins. Corp., 940 F.2d 307, 312 (8th Cir.1991) (citing Salve Regina College v. Russell, 499 U.S. 225, 231, 111 S.Ct. 1217, 1220-1221, 113 L.Ed.2d 190 (1991)). “[A] federal district court sitting in Nebraska must follow Nebraska’s conflict of laws rules.” Modern Computer Systems, Inc. v. Modern Banking Systems, Inc., 858 F.2d 1339, 1342 (8th Cir. 1988) (citation omitted).

A.

Jurisdiction in this matter is based upon the Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. § 1821 (1994). FIRREA provides the appropriate statute of limitations for actions brought under the statute:

Notwithstanding any provision of any contract, the applicable statute of limitations with regard to any action brought by the [FDIC] as conservator or receiver shall be—
(i) in the case of any contract claim, the longer of—
(I) the 6-year period beginning on the date the claim accrues; or
(II) the period applicable under State law....

12 U.S.C. § 1821(d)(14)(A)-. Thus, FIRREA provides for a minimum statute of limitations of six years, which may be extended if the applicable state law statute of limitations is longer.

Nebraska has a five-year statute of limitations, Neb.Rev.Stat. § 25-205 (1995), and Illinois has a ten-year statute of limitations, 735 Ill.Comp.Stat.Ann. 5/13-206 (West 1992). The FDIC’s claim accrued, at the latest, on January 9, 1987, and the FDIC commenced this action on June 13, 1994. Accordingly, unless FIRREA’s six-year statute of limitations is extended by the Illinois statute of limitations, the suit is time-barred. In order to make this determination, we must consider the statute of limitations period otherwise applicable under Nebraska law. 12 U.S.C. § 1821(d)(14)(A)(i)(II). This requires an examination of Nebraska’s choice of law principles.

The district court utilized section 142 of the Restatement (Second) of Conflict of Laws (1989) to determine whether the statute of limitations under Nebraska or Illinois law should apply according to Nebraska state law. Add. at 9. After applying section 142, the district court determined that Illinois had the most significant relationship to this matter and that the Illinois statute of limitations for actions on written contracts applied under Nebraska’s choice of law rules. Add. at n.

Nordbrock contends that the district court erred by utilizing section 142 of the Restatement (Second) of Conflict of Laws (1989) and, alternatively, that even under section 142 the district court erred in finding that Illinois had the most significant relationship.

[338]*3381.

As a preliminary matter, the promissory note contained a choice of law provision requiring that Illinois law governed the contract. The district court observed that this contractual choice of law provision was inapplicable to the resolution of this matter because such provisions only incorporate substantive law and statute of limitations issues, under Nebraska law, are procedural. Add. at 8. The district court is correct in stating that Nebraska considers its statute of limitations as procedural, Whitten v. Whitten, 250 Neb. 210, 548 N.W.2d 338, 340 (1996), however, it is unnecessary to undertake this analysis because FIRREA expressly excludes consideration of “any provision of any contract” concerning the statute .of limitations. 12 U.S.C.

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102 F.3d 335, 1996 WL 695565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-deposit-insurance-v-nordbrock-ca8-1996.