Carter Brothers Manufacturing Company, Inc. v. Lumbermen's Underwriting Alliance

Filing 188

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: The 173 Motion for Order of Payment is granted as further set out in the order. Defendant and third-party plaintiff Lumbermens Underwriting Alliance may issue payment to third -party defendant First Commercial Bank, Ltd. (incorrectly named in these proceedings as First Commercial Bank, Inc.), as sole payee, in the amount of $3,204,244.91 as further set out in the order. With the exception of the right to pursue an awa rd of interest on the claim amount awarded hereunderfrom defendant and third-party plaintiff Lumbermens Underwriting Alliance as is provided in paragraph (7) of this judgment, third-party defendant First Commercial Bank, Ltd. hereby dismisses, with p rejudice, and by order of this court, all other claims it has brought against defendant and third-party plaintiff Lumbermens Underwriting Alliance relating to this matter. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This judgment does not terminate any party. Signed by Honorable Judge Myron H. Thompson on 5/9/2012. (Attachments: # 1 Civil Appeals Checklist) (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CARTER BROTHERS
MANUFACTURING COMPANY,
INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
LUMBERMEN’S UNDERWRITING
)
ALLIANCE, an Inter)
insurance Exchange Company, )
)
Defendant and Third)
Party Plaintiff,
)
)
v.
)
)
GE COMMERCIAL DISTRIBUTION )
FINANCE CORP., et al.,
)
)
Third-Party Defendants.)

CIVIL ACTION NO.
2:11cv251-MHT
(WO)

JUDGMENT
It is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The motion for order of payment (doc. no. 173) is
granted.

(2) Defendant and third-party plaintiff Lumbermen’s
Underwriting Alliance may issue payment to third-party
defendant First Commercial Bank, Ltd. (incorrectly named
in these proceedings as First Commercial Bank, Inc.), as
sole payee, in the amount of $ 3,204,244.91.
(3) By issuing payment and doing so in the fashion
described herein, defendant and third-party plaintiff
Lumbermen’s Underwriting Alliance is not waiving any
rights it may have with respect to: (a) recovery of this
amount

from

plaintiff

Carter

Brothers

Manufacturing

Company, Inc. and/or third-party defendants June Arn and
Jonathan

Arn;

(b)

its

abilities

to

question

whether

coverage exists in this matter and what sums, if any, are
owed to the other loss payees; and (c) its ability to
continue with its declaratory-judgment actions.
(4) By allowing the issuance of payment to thirdparty defendant First Commercial Bank, Ltd., plaintiff
Carter
waiving

Brothers
any

Manufacturing

rights

that

it

2

Company,

has

to

Inc.

recovery

is

not

against

defendant

and

third-party

plaintiff

Lumbermen’s

Underwriting Alliance.
(5) By allowing the issuance of payment to thirdparty defendant First Commercial Bank, Ltd., plaintiff
Carter

Brothers

Manufacturing

Company,

Inc.

is

not

waiving any defense asserted by it in its amended answer
to

defendant

and

third-party

plaintiff

Lumbermen’s

Underwriting Alliance’s counterclaim.
(6) By allowing the issuance of payment to thirdparty defendant First Commercial Bank, Ltd., third-party
defendants June Arn and Jonathan Arn are not waiving any
defense asserted by them in their amended answer to
defendant

and

third-party

plaintiff

Lumbermen’s

Underwriting Alliance’s third-party complaint.
(7) Third-party

defendant

First

Commercial

Bank,

Ltd.’s acceptance of the $ 3,204,244.91 claim payment set
forth herein shall not preclude third-party defendant
First Commercial Bank, Ltd. from pursuing an award of
interest on the claim amount in this lawsuit.

3

(8) Third-party

defendant

First

Commercial

Bank,

Ltd.’s acceptance of the $3,204,244.91 claim payment set
forth herein shall not preclude third-party defendant
First

Commercial

Bank,

Ltd.

from

collecting

from

plaintiff Carter Brothers Manufacturing Company, Inc. and
third-party defendants June Arn and Jonathan Arn any
additional interest that has accrued or other amounts
that have become due since the date of loss pursuant to
the terms of the loan agreements and notes entered into
by plaintiff Carter Brothers Manufacturing Company, Inc.
and third-party defendant First Commercial Bank, Ltd.
(9) By allowing issuance of payment to third-party
defendant First Commercial Bank, Ltd., plaintiff Carter
Brothers Manufacturing Company, Inc. is not waiving any
right it may have to recover from defendant and thirdparty plaintiff Lumbermen’s Underwriting Alliance any
additional interest that has accrued or other amounts
that have become due, pursuant to the terms of the loan
agreements and notes entered into by plaintiff Carter

4

Brothers

Manufacturing

Company,

Inc.

and

third-party

defendant First Commercial Bank, Ltd., since the date of
the loss, although defendant and third-party plaintiff
Lumbermen’s Underwriting Alliance denies that third-party
defendant First Commercial Bank, Ltd. is entitled to
receive any such interest payment from it, pursuant to
the policy and applicable law.
(10) With the exception of the right to pursue an
award of interest on the claim amount awarded hereunder
from

defendant

and

third-party

plaintiff

Lumbermen’s

Underwriting Alliance as is provided in paragraph (7) of
this judgment, third-party defendant First Commercial
Bank, Ltd. hereby dismisses, with prejudice, and by order
of this court, all other claims it has brought against
defendant

and

third-party

plaintiff

Lumbermen’s

Underwriting Alliance relating to this matter.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.

5

This judgment does not terminate any party.
DONE, this the 9th day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE