Branch Banking and Trust Company v. Williamson et al

Filing 18

JUDGMENT granting 17 Joint MOTION to Dismiss And To Disburse Funds; further CONSIDERED and ORDERING that the clerk issue a check drawn on the designated Bank where the interpleader funds are deposited in a Money Market Account for the principal ($147,300.84), plus all earned interest, to date; this check shall be made payable to the designated bank; the designated bank shall provide the Clerk with three (3) Official checks payable, as further set out in order; further Considering and O rdering that the Clerk shall mail each recipient's check to their proper mailing address by Certified Mail, with a return receipt, as further set out in order; further ORDERING that all claims and cross-claims in this action are dismissed with p rejudice, with the parties to bear their own costs, expenses, and attorneys' fees; this case is closed. Signed by Honorable Judge Myron H. Thompson on 8/20/12. (Attachments: # 1 civil appeals checklist). Furnished to calendar group, AG and Financial (terminates Pretrial Conference 11/02/2012;Jury Trial 12/10/2012).(djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION BRANCH BANKING AND TRUST COMPANY, ) ) ) Plaintiff, ) ) v. ) ) DEREK AVERRY WILLIAMSON and the ) ESTATE OF JIMMY KEEFFE, ) ) Defendants. ) CASE NO.: 2:12-cv-00096-MHT-WC (WO) JUDGMENT _____________________ Upon consideration of the parties’ Joint Motion to Dismiss and to Disburse Funds (Doc. No. 17), it is ORDERED that this motion is granted. It is further CONSIDERED and ORDERED that the Clerk of Court issue a check drawn on the designated Bank where the interpleader funds are deposited in a Money Market Account for the Principal ($147,300.84), plus all earned interest, to date. This check shall be made payable to the designated bank. The designated bank shall provide the Clerk of Court with three (3) Official Checks payable as follows: 1. The Trust Account of Albrittons, Clifton & Moody, P.C. for the Benefit of the Estate of Jimmy Keeffe, in the amount of $58,920.34 plus thirty-five percent (35%) of all earned interest; 2. The Trust Account of John M. Peek, P.C. for the Benefit of Derek Averry Williamson, in the amount of $88,380.50 plus fifty-five percent (55%) of all earned interest; and 3. Clerk of Court for ten percent (10%) of all earned interest. Pursuant to 28 U.S.C. Section 1914(b)and FRDOC 91-26415 reported at 56 Fed. Reg. 56356 (November 4, 1991), and directions received from the Administrative Office of the U. S. Courts on February 7, 1992, the Clerk of Court shall pay into the U. S. Treasury an amount equal to ten percent (10%) of the earned interest as a fee for handling said interpleader funds. The Clerk is further DIRECTED to receipt said ten percent (10%) fee into the 510100 fund for the U. S. Treasury. It is further CONSIDERED and ORDERED that the Clerk of Court shall mail each recipient's check to their proper mailing address by Certified Mail, with a return receipt: Estate of Jimmy Keeffe c/o Thomas B. Albritton, Esq. Albrittons, Clifton & Moody, P.C. P.O. Drawer 880 Andalusia, Alabama 36420 Derek Averry Williamson c/o John M. Peek, Esq. John M. Peek, P.C. 28 South Court Square Andalusia, Alabama 36420 IT IS FURTHER ORDERED that all claims and cross-claims in this action are dismissed with prejudice, with the parties to bear their own costs, expenses, and attorneys' fees. This case is closed. DATED this the 20th day of August, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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