Winkal Holdings, LLC v. Jpmorgan Chase Bank, N. A. ( 2013 )

FILED
NOT FOR PUBLICATION JAN 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WINKAL HOLDINGS, LLC, No. 11-55807
Plaintiff - Appellant, D.C. No. 2:10-cv-04267-VBF-
FMO
v.
JPMORGAN CHASE BANK, MEMORANDUM*
Defendant - Appellee,
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver of
Washington Mutual Bank,
Intervenor - Defendant -
Appellee.
ELBA, INC.; SIERRA SLOVER, LLC, No. 11-56817
Plaintiffs - Appellants, D.C. No. 2:10-cv-09367-DSF-OP
v.
JPMORGAN CHASE BANK, National
Association,
Defendant - Appellee,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
and
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for
Washington Mutual Bank,
Intervenor - Appellee.
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted January 8, 2013**
Pasadena, California
Before: KOZINSKI, Chief Judge, McKEOWN and M. SMITH, Circuit Judges.
Winkal and Elba’s claims both fail under our holding in GECCMC 2005-C1
Plummer St. Office Ltd. P’ship v. JPMorgan Chase Bank, Nat’l Ass’n, 671 F.3d
1027 (9th Cir. 2012). Because the appellants are not intended third-party
beneficiaries of the Purchase and Assumption Agreement between JPMorgan
Chase Bank and the FDIC, they have no right under the federal common law to
enforce the terms of the contract against Chase. See id. at 1032–35.
AFFIRMED.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).