Federal Deposit Insurance Corporation, as Receiver for Colonial Bank et al v. Federal Insurance Company

Filing 125

JUDGMENT directing as follows: (1) The joint motion for dismissal (doc. no. 124 ) is granted; (2) The stay previously entered (doc. no. 123 ) is dissolved; (3) All claims and counterclaims are dismissed with prejudice; (4) Each party is to bear its own costs, attorneys fees, and expenses of litigation; (5) This court retains jurisdiction over any and all disputes related to the parties' settlement and release agreement, including the enforcement thereof; (6) With the consent of the parti es pursuant to 28 U.S.C. § 636(c) and, as indicated below, such disputes are referred to United States Magistrate Judge Wallace Capel, Jr., as further set out; (7) All other relief not expressly granted herein is denied; 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. Signed by Honorable Judge Myron H. Thompson on 12/5/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver
for Colonial Bank, and
THE COLONIAL BANCGROUP,
INC.,
Plaintiffs,
v.
FEDERAL INSURANCE
COMPANY,
Defendant.

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CIVIL ACTION NO.
2:11cv610-MHT
(WO)

JUDGMENT
It is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The joint motion for dismissal (doc. no.
124) is granted.
(2) The stay previously entered (doc. no. 123)
is dissolved.
(3) All claims and counterclaims are dismissed
with prejudice.

(4) Each

party

is

to

bear

its

own

costs,

attorneys’ fees, and expenses of litigation.
(5) This

court

retains

jurisdiction

over

any

and all disputes related to the parties’ settlement
and

release

agreement,

including

the

enforcement

thereof.
(6) With the consent of the parties pursuant to
28 U.S.C. § 636(c) and, as indicated below, such
disputes are referred to United States Magistrate
Judge Wallace Capel, Jr., or, in the event of his
unavailability,

another

United

States

Magistrate

Judge of this Court, to be assigned randomly by the
clerk of court, to conduct any and all proceedings
related to such disputes, including any trial and
entry of a final judgment, with direct review by the
United

States

Court

of

Appeals

Circuit, if an appeal is filed.

2

for

the

Eleventh

(7) All

other

relief

not

expressly

granted

herein is denied.
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 case remains closed.
DONE, this the 5th day of December, 2014.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE