NCB MANAGEMENT SERVICES, INC., v. FEDERAL DEPOSIT INSURANCE CORP.,, No. 1:2011cv00700 - Document 13 (D.D.C. 2012)

Court Description: MEMORANDUM OPINION AND ORDER. For the reasons set forth herein, the FDIC's 8 Motion to Dismiss is GRANTED-IN-PART and DENIED-IN-PART. Specifically, the Motion is GRANTED insofar as it seeks dismissal of NCB's claim for breach of the imp lied covenant of good faith and fair dealing (Count III) and DENIED in all other respects, including insofar as it seeks dismissal of NCB's claim for de novo judicial review of its claim against the receivership estate (Count I) and its claim for breach of contract (Count II). An Initial Scheduling Conference shall be held on March 21, 2012, at 9:30 a.m., before Judge Colleen Kollar-Kotelly in Courtroom 28A. Signed by Judge Colleen Kollar-Kotelly on February 14, 2012. (lcckk3)