Miller v. Fed. Deposit Ins. Corp.

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s action seeking review of decision by FDIC to deny plaintiff’s claims against his bank that had gone into receivership, where said lawsuit was filed more than 60 days after date FDIC sent its notice of decision. Instant 60-day period, as set forth in Financial Institutions, Reform, Recovery and Enforcement Act, was jurisdictional prerequisite for filing lawsuit and was not mere claim-processing requirement. Moreover, Ct. rejected plaintiff’s claim that 60-day period did not start until he actually received said notice and held that instant complaint was untimely since it was filed more that 60 days after date FDIC mailed notice of its decision to address he maintained at bank. Fact that plaintiff did not actually receive notice until after 60-day period had expired did not require different result.