Wiggins et al v. FDIC

Filing 180

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

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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. } } } } } } } } } 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 2

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