Southside Bank v. Federal Deposit Insurance Corporation

Filing 71

JUDGMENT denying 37 Motion for Summary Judgment; denying 47 Motion for Summary Judgment; denying as moot 62 Motion for Hearing; granting 29 Motion for Summary Judgment; plaintiff's complaint dismissed. Signed by Honorable P. K. Holmes, III on September 30, 2011. (cnn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SOUTHSIDE BANK v. PLAINTIFF Case Nos. 4:08-CV-04125, 4:08-CV-04126 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for ANB Financial, N.A; and THE UNITED STATES OF AMERICA, ex rel the Federal Deposit Insurance Corporation, in its receiver capacity for ANB Financial, N.A. DEFENDANTS JUDGMENT For the reasons set forth in the Memorandum Opinion and Order, filed contemporaneously herewith, Defendant FDIC-R’s Motion for Summary Judgment (Doc. 29) is GRANTED; Defendant USA’s Motion to Dismiss for Lack of Subject Matter Jurisdiction is likewise GRANTED; and Plaintiff’s Complaint is DISMISSED as to all claims. Specifically, Plaintiff’s claims for breach of contract, constructive trust, and violation of a federal regulation against Defendant FDIC-R are DISMISSED WITH PREJUDICE. Plaintiff’s claims for conversion against both Defendant FDIC-R and Defendant USA are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiff’s Motions for Summary Judgment (Docs. 37 and 47) are both DENIED. Plaintiff’s Motion for a Hearing (Doc. 62) is DENIED AS MOOT. The parties are to bear their own costs and fees. IT IS SO ORDERED AND ADJUDGED this 30th day of September, 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?