FILED NOT FOR PUBLICATION JAN 22 2013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).