Southside Bank v. Federal Deposit Insurance Corporation
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
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.
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
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
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