U S Bank National Association ND v. Elender Escrow Inc et al

Filing 216

ORDER, in accord with the terms of settlement, dismissing all claims of plaintiffs, cross-claimants and counter-claimants against all parties with prejudice, except the claims against Elender Escrow, Inc., Elender Services, LLC, Russell Biszantz, and Mark Russell. The Clerk is directed to pay the amount previously deposited into the registry ($650,000), together with interest accrued, less the applicable registry fees, by appropriate instrument made payable to "U.S. Bank National Association, N.D.," and to release the instrument to its counsel of record. Signed by Judge James M. Moody on 4/17/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MARK AND KARLA GIBBS
VS.

PLAINTIFFS
4:10-CV-0293 JMM

PRIMELENDING, A PLAINS CAPITAL COMPANY;
STEWART TITLE GUARANTY COMPANY; STEWART
TITLE COMPANY; ELENDER SERVICES, LLC;
ELENDER ESCROW, INC.; NETCO, INC.;
SHELLY A. HICKSON; LAWYERS TITLE OF
NEVADA, INC.; AMY CHRISTINE TUECKES;
CORINTHIAN TITLE COMPANY, INC.;
COMMONWEALTH LAND TITLE COMPANY;
MARK RUSSELL; RUSSELL BISZANTZ;
JEFFREY H. BROWN; NETCO TITLE, INC.;
STEPHANIE R. DRYE; U.S. BANK NATIONAL
ASSOCIATION ND; AND, BRYAN KELLY
DEFENDANTS

U.S. BANK NATIONAL ASSOCIATION, N.D.

VS.

DEFENDANT AND
CROSS-CLAIMANT

4:10-CV-0293 JMM

STEWART TITLE GUARANTY COMPANY;
NETCO, INC., NETCO TITLE, INC.
AND PRIMELENDING, A PLAINS
CAPITAL COMPANY

CROSS DEFENDANTS

CONSOLIDATED WITH:

U.S. BANK NATIONAL ASSOCIATION, N.D.

VS.

PLAINTIFF

4:11-CV-00123 JMM

ELENDER ESCROW, INC.; ELENDER SERVICES, LLC;
RUSSELL BISZANTZ; PRIMELENDING, A PLAINS
CAPITAL COMPANY; JEFFREY H. BROWN;
NETCO, INC.; NETCO TITLE, INC.
STEWART TITLE GUARANTY COMPANY;
SHELLEY A. HICKSON; LAWYERS TITLE OF
NEVADA, INC.; AMY CHRISTINE TUECKES;
COMMONWEALTH LAND TITLE COMPANY;
CORINTHIAN TITLE COMPANY, INC.;
BRYAN KELLY; COMMERCE WEST BANK
NATIONAL ASSOCIATION; JUDY POLLOCK;
MARK RUSSELL; AND, DANA WOMBLES
DEFENDANTS

ORDER OF PARTIAL DISMISSAL
IT IS ORDERED THAT, in accord with the terms of settlement which are a part of
the record and the parties' separate written settlement agreement, all claims of Plaintiffs,
Cross-Claimants, and Counter-Claimants against all parties in both cases shall be dismissed
with prejudice, except the claims against Elender Escrow, Inc., Elender Services, LLC,
Russell Biszantz, and Mark Russell.

The clerk of the court is directed to pay the amount previously deposited into the
registry ($650,000) together with interest accrued less the applicable registry fees, by
appropriate instrument made payable to “U.S. Bank National Association, N.D.” and to
release the instrument to its counsel of record.
IT IS SO ORDERED THIS 17th day of April, 2013.

______________________________
James M. Moody
United States District Judge