Wiggins et al v. FDIC

Filing 180

MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/14/2017. (AVC)

FILED
2017 Feb-14 PM 04:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERT L. WIGGINS, JR., et al.,
Plaintiffs,
v.
FDIC, as Receiver of Superior Bank, et al.,
Defendants.

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Case No.: 2:12-cv-02705-SGC

MEMORANDUM OPINION
On December 20, 2016, the Magistrate Judge’s Report and Recommendation was entered
and the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. The parties have since filed their objections to
the Report and Recommendation, which are fully briefed. (Docs. # 168, 169, 170, 171 175, 176,
177).
After careful consideration of the record in this case, the Magistrate Judge’s Report and
Recommendation, and Petitioner’s objections thereto, the court hereby ADOPTS the Report of
the Magistrate Judge. The court further ACCEPTS the recommendations of the Magistrate
Judge that counterclaim Defendant Peacock’s Motion to Dismiss (Doc. # 117) be GRANTED
IN PART and DENIED IN PART. The court also ACCEPTS the recommendations of the
Magistrate Judge that Plaintiffs’ Motion to Dismiss (Doc. # 118) be GRANTED IN PART and
DENIED IN PART.
A separate order in accordance with the Memorandum Opinion will be entered.

DONE and ORDERED this February 14, 2017.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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