Taylor et al v. ANB Bancshares, Inc. et al

Filing 135

ORDER ADOPTING REPORT AND RECOMMENDATION; ORDER granting in part and denying in part 96 Motion for Judgment on the Pleadings; Plan Committee For Arkansas National Bank Employee Stock Ownership Plan terminated. Signed by Honorable Robert T. Dawson on October 14, 2010. (tg)

Taylor et al v. ANB Bancshares, Inc. et al

Doc. 135

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JAN TAYLOR, CARLA C. CROSSWHITE and LAURA T. GODSEY, individually and on behalf of a class of all other persons similarly situated and on behalf of the ANB Financial, N.A. Employee Stock Ownership Plan VS. CASE NO. 08-CV-5170

PLAINTIFFS

ANB BANCSHARES, INC.; DANIEL DYKEMA, HARRY BROWN, GREGORY D. LANDIS, DEBRA JACKSON, ERIC BROWN, BLAKE EVANS and VIC EVANS

DEFENDANTS

ORDER Now on this 14th day of October 2010, there comes on for consideration the report and recommendation filed in this case on September 20, 2010, by the Honorable Erin L. Setser, United States Magistrate for the Western District of Arkansas. (Doc. 130). Also before the Court are Defendants' Objections (doc. 134). Defendants' objections are based on their perception that Magistrate Setser made a finding that the Bancshares stock could not be sold. sufficiently After a de novo review, the Court, being well and advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted in its entirety. Defendants' Motion for Judgment on the Pleadings (doc.

96) is GRANTED as to Separate Defendant Plan Committee for Arkansas National Bank Employee Stock Ownership Plan, and this defendant is

AO72A (Rev. 8/82)

Dockets.Justia.com

DISMISSED.

The

motion

is

further

GRANTED

as

to

Plaintiffs' The motion

misrepresentation claim based upon Vonda Axe's email. is DENIED in all other respects. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)