California Equity Management Group Inc v. Independent Bank et al

Filing 58

AGREED ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND DIRECTING DISBURSEMENT OF FUNDS HELD IN REGISTRY OF COURT. Plaintiff's 57 Motion is granted and the Court dismisses all claims raised, or which could have been raised, in this action with prejudice. The Court further directs the Clerk of the Court to immediately disburse all funds currently held in the Registry of the Court related to 3:13-cv-00227 KGB to separate Defendant R J Investments LLC, by and through its counsel of record in this matter, Thomas B. Staley. Signed by Judge Kristine G. Baker on 4/22/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

CALIFORNIA EQUITY
MANAGEMENT GROUP, INC.
v.

PLAINTIFF
Case No. 3:13-cv-00227-KGB

INDEPENDENT BANK, et al.

DEFENDANTS

AGREED ORDER GRANTING PLAINTIFF’S MOTION FOR VOLUNTARY
DISMISSAL WITH PREJUDICE AND
DIRECTING DISBURSEMENT OF FUNDS HELD IN REGISTRY OF COURT

Before the Court on the date set forth below comes Plaintiff’s Motion for Voluntary
Dismissal with Prejudice (Docket No. 57). In said Motion, Plaintiff (1) requested that the Court
dismiss all claims pending in this matter with prejudice and (2) relinquished any and all claims
Plaintiff may have to any funds held in the Registry of the Court pursuant to the Court’s Order
dated October 24, 2013.
Having considered said Motion, the Court hereby adjudges, finds and orders that
Plaintiff’s Motion be GRANTED and DISMISSES all claims raised, or which could have been
raised, in this action WITH PREJUDICE.
Further, the Court hereby orders and directs the Clerk of the Court to immediately
disburse all funds currently held in the Registry of the Court related to Case No. 3:13-cv-00227KGB to Separate Defendant R J Investments, LLC, by and through its counsel of record in this
matter, Thomas B. Staley, of Eichenbaum Liles P.A., 124 W. Capitol Ave., Suite 1900, Little
Rock, Arkansas, 72201-3717.

IT IS SO ORDERED this 22nd day of April, 2015.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

Prepared and submitted by:

__/s/ Mark W. Hodge___________________________
Mark W. Hodge, AR Bar 97205
CHISENHALL, NESTRUD & JULIAN, P.A.
400 W. Capitol, Suite 2840
Little Rock, Arkansas 72201
Telephone: [phone]
Facsimile: [phone]
[e-mail]
COUNSEL FOR SEPARATE DEFENDANT
INDEPENDENT BANK
AGREED TO FORM BY:

__/s/ Michael B. Phillips__________________________
Michael B. Phillips
MOFFITT & PHILLIPS, PLLC
Counsel to CALIFORNIA EQUITY MANAGEMENT GROUP, INC.

_/s/ Thomas B. Staley_____________________________
Mr. Thomas B. Staley
EICHENBAUM LILES P.A
Counsel to R J INVESTMENTS, LLC and JIM A. CURTIS

_/s/ Kevin A. Crass_______________________________
Mr. Kevin A. Crass
FRIDAY, ELDREDGE & CLERK, LLP
Counsel to MICHAEL F. RAFFERTY, TRUSTEE

_/s/ Tom Donaldson______________________________
Mr. Tom Donaldson
DONALDSON LAW FIRM, PLC
Counsel to COAST TO COAST MEDICAL, LLC; F & H VENTURES, LLC