Taylor Bean & Whitaker Mortgage Corp. v. Lennar Corporation et al

Filing 202

ORDER granting #201 the Plaintiff, Federal Deposit Insurance Corporation, as receiver for Colonial Bank and Taylor Bean & Whitaker Plan Trust's Unopposed Motion for Dismissal with Prejudice. The case is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and deadlines and close the case. The Court will maintain jurisdiction over the case until July 22, 2015, to enforce the terms of the Settlement Agreement. Signed by Judge Sheri Polster Chappell on 6/22/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL
DEPOSIT
INSURANCE
CORPORATION, as receiver of Colonial
Bank, in its own capacity and an
assignee of certain claims of Taylor,
Bean & Whitaker Mortgage Corp.
Plaintiff,
v.

Case No: 2:12-cv-595-FtM-38CM

LENNAR CORPORATION, U.S.
HOME CORPORATION, NORTH
AMERICAN TITLE COMPANY, AYLA
D.
BURNETT,
CHARLES
M.
BURNETT, PEGGY FERGUSON,
JENNIFER WHITE, JULIE WHITE,
UTAH EXCHANGE GROUP, ASPEN
HOME LOANS, LLC, KELLY HATCH,
PAUL ANDREW GULBRONSON,
MICHAEL RILEY MOORE, SR. ,
RIVERWALK
PROPERTY
VENTURES,
LLC,
MATTHEW
DEVEREAUX, ANDREW JAMES
SORENSEN, ANTHONY GIZZI REAL
ESTATE APPRAISAL, INC. and
DAVID SAWYER,
Defendants.
/
ORDER1

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This matter comes before the Court on the Plaintiff, Federal Deposit Insurance
Corporation (FDIC), as receiver for Colonial Bank and Taylor Bean & Whitaker Plan
Trust's Unopposed Motion for Dismissal with Prejudice (Doc. #201) filed on June 19,
2015. Federal Rule of Civil Procedure 41(a)(2) provides that “an action may be dismissed
at the plaintiff's request only by court order, on terms that the court considers proper.”
“The district court enjoys broad discretion in determining whether to allow a voluntary
dismissal under Rule 41(a) (2).” Pontenberg v. Boston Sci. Corp., 252 F.3d 1253, 1255
(11th Cir.2001). A “voluntary dismissal should be granted unless the defendant will suffer
clear legal prejudice, other than the mere prospect of a subsequent lawsuit, as a result.”
Id. (internal quotation marks omitted).
The Plaintiff now moves to dismiss this case with prejudice pursuant to Fed. R.
Civ. P. 41(a)(2). Rule 41(a)(2) provides that “an action may be dismissed at the plaintiff's
request only by court order, on terms that the court considers proper.” “The district court
enjoys broad discretion in determining whether to allow a voluntary dismissal under Rule
41(a) (2).” Pontenberg v. Boston Sci. Corp., 252 F.3d 1253, 1255 (11th Cir.2001). A
“voluntary dismissal should be granted unless the defendant will suffer clear legal
prejudice, other than the mere prospect of a subsequent lawsuit, as a result.” Id. (internal
quotation marks omitted).
In this instance, all claims have been settled with all Defendants. The Plaintiff
asserts that all Parties have executed Settlement and Release Agreements, each Party
will bear their own attorney’s fees and costs. Finally, the order of dismissal is necessary
to effectuate the dismissal in accord with the terms of the agreement of all Parties
involved. In addition, the Plaintiff requests that the Court maintains jurisdiction over the

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case for thirty (30) days to enforce the terms of the settlement agreement. Based upon
the Court’s knowledge of the proceedings in the case, the Court finds good cause to grant
the motion and dismiss the case with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Federal Deposit Insurance Corporation, as receiver for Colonial Bank
and Taylor Bean & Whitaker Plan Trust's Unopposed Motion for Dismissal with Prejudice
(Doc. #201) is GRANTED.
(1) The case is DISMISSED with prejudice.
(2) The Clerk of the Court is directed to enter judgment accordingly, terminate all
pending motions and deadlines and close the case.
(3) The Court will maintain jurisdiction over the case until July 22, 2015, to enforce
the terms of the Settlement Agreement.
DONE and ORDERED in Fort Myers, Florida this 22nd day of June, 2015.

Copies: All Parties of Record

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