[¶5266] In the Matter of Michael R. Johnson, California Pacific Bank, San
Francisco, California, Docket No. 99-119jj (8-21-01).
FDIC dismisses a proceeding when a Notice of Change in Director or
Senior Officer was withdrawn as well as the appeal. There was nothing
remaining for the Board to rule upon and the proceeding became moot.
[.1] MootnessNotice of Change in Director or Senior Officer Withdrawn
In the Matter of
MICHAEL R. JOHNSON CALIFORNIA PACIFIC BANK SAN FRANCISCO, CALIFORNIA (Insured State Nonmember Bank)
ORDER OF DISMISSAL
On September 7, 1999, California Pacific Bank, San Francisco,
California ("the Bank"), filed a Notice of Change in Director or
Senior Officer with the San Francisco Regional Office of the Federal
Deposit Insurance Corporation ("FDIC"), seeking approval under 12
U.S.C. §1831i for Michael R. Johnson ("Johnson") to serve as
President and Senior Executive Officer of the Bank. On October 7, 1999,
the Regional Director of the FDIC's San Francisco Office issued a
Notice of Disapproval. Johnson and the Bank requested a review of this
Notice, and on November 19, 1999, the Deputy Director of the FDIC's
Division of Supervision issued a Notice of Denial of Request for Review
of Notice of Disapproval and Notice of Hearing. Subsequently, a hearing
was requested by the Bank and Johnson and held before a Presiding
Officer ("PO"). On June 19, 2000, PO Richard A. White recommended
to the Board of Directors of the FDIC ("Board") that Johnson be
found qualified to be president of the Bank. On September 8, 2000, this
matter was reopened and remanded to the PO by Order of the Executive
Secretary for the purpose of taking evidence on limited issues. After
completion of the hearing, but before the submission of post-hearing
briefs, the Bank and Johnson withdrew the Notice of Change in director
or Senior Officer in a letter dated April 3, 2001. The FDIC's
Enforcement Counsel has not opposed the withdrawal.
[.1] Because both the Notice of Change in Director or Senior Officer that
began this proceeding and the appeal of Johnson and the Bank have now
been withdrawn, there is nothing remaining for the Board to rule upon,
and this proceeding has become moot. For this reason, we have decided
to dismiss this proceeding.
It is hereby ORDERED and DECREED that this proceeding is dismissed.
By direction of the Board of Directors.
Dated at Washington, D.C., this 21st day of August, 2001.