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HRUBY v. UNITED STATES

April 28, 1995

JACQUELINE E. HRUBY, individually and as next friend for JAIMEE M. BEWLEY, a minor, Plaintiff,
v.
UNITED STATES OF AMERICA and RESOLUTION TRUST CORPORATION, as receiver for Commonwealth Federal Savings and Loan Association, Ft. Lauderdale, Florida, and KILBURN-YOUNG ASSET MANAGEMENT CORPORATION, and CLARKE & WYNDHAM, Inc., Defendants.



The opinion of the court was delivered by: LOUIS F. OBERDORFER

 I.

 Plaintiff, a resident of Texas, brings this action on behalf of herself and her minor daughter who was allegedly raped by another juvenile in an abandoned building there. Invoking provisions of the Financial Institutions Reform Recovery and Enforcement Act of 1989 ("FIRREA") *fn1" and the Federal Tort Claims Act ("FTCA"), *fn2" she sues the United States and Resolution Trust Corporation ("RTC"), as receiver for Commonwealth Federal Savings and Loan Association of Ft. Lauderdale, Florida. Plaintiff's complaint also named two private sector entities: Clarke & Wyndham, Inc. *fn3" ("Clarke & Wyndham") of Bryan, Texas, and Kilburn-Young Asset Management Corporation ("Kilburn-Young") of Atlanta, Georgia, which had the responsibility for management of the building that was the scene of the alleged assault. It is plaintiff's theory that one or more of these defendants negligently failed properly to supervise the unoccupied building so as to allow it to be frequented and misused by juveniles, including the plaintiff's ward and her alleged assailant.

 The complaint alleges, and documentary evidence tends to confirm, that before filing this suit plaintiff filed a claim, albeit referenced specifically to the administrative claims provisions of FIRREA, and that RTC denied the claim. Plaintiff asserts that having exhausted her administrative remedies, she filed this multi-claim, multi-defendant lawsuit in this district in deference to the requirement of FIRREA fixing jurisdiction for administrative review of RTC actions on such claims here or in the district in which the institution in receivership maintained its principal place of business. 12 U.S.C. § 1821(d)(6)(A).

 The case is now before this Court on several matters:

 1. The United States' motion to dismiss the FTCA claim because of, inter alia, alleged defects in plaintiff's conduct of her administrative claim and improper venue.

 2. The motion of Clarke & Wyndham to dismiss because it has no District of Columbia contacts sufficient to establish personal jurisdiction here.

 3. Plaintiff's motion to transfer to the Southern District of Texas the entire case, including her claim against RTC.

 4. Plaintiff's motions to stay the motions to dismiss pending a ruling on her motion to transfer.

 5. Claims over by RTC and Kilburn-Young against Clarke & Wyndham to hold it ultimately responsible should the plaintiff establish liability.

 6. Clarke & Wyndham's motion to dismiss the amended crossclaim of RTC & Kilburn-Young.

 7. Motion by RTC and Kilburn-Young to serve discovery requests on plaintiff..

 II. ...


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