Certain Underwriters at Lloyd's, London v. Columbus Business Center, LLC et al

Filing 32

AGREED ORDER dismissing Hope Federal Credit Union. Signed by District Judge Sharion Aycock on 7/26/2017. (dbm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION CERTAIN UNDERWRITERS AT LLOYD’S, LONDON v. PLAINTIFF CAUSE NO. 1:17-CV-00041-SA-DAS COLUMBUS BUSINESS CENTER, LLC, TITAN EXTERIORS, INC. d/b/a TITANROOF, HOPE FEDERAL CREDIT UNION, and BYLINE BANCORP INC. DEFENDANTS AGREED ORDER DISMISSING HOPE FEDERAL CREDIT UNION THIS MATTER is before the Court on the Plaintiffs’ Amended Motion for Default Judgment Against Defendant Hope Federal Credit Union (Dkt. # 24, the “Amended Motion”), filed by Certain Underwriters at Lloyd’s, London (the “Plaintiffs”), seeking a default judgment against Hope Federal Credit Union (“Hope”), discharging any claim Hope may have asserted against Plaintiffs in the above-captioned interpleader action (the “Action”). The Court, being advised that Hope denies that it was effectively served with process in this Action, and that Hope and the Plaintiffs nevertheless agree to the relief set forth in this Agreed Order, hereby finds that the relief set forth in this Agreed Order should be granted. IT IS THEREFORE ORDERED AND ADJUDGED that Hope Federal Credit Union shall be, and it hereby is, dismissed from this Action, with prejudice and each party is responsible for its own costs, attorney’s fees, and expenses. IT IS FURTHER ORDERED AND ADJUDGED that any claim Hope may have asserted against the Plaintiffs in this Action, including but not limited to any claim to sums paid by the Plaintiffs under insurance policy number 002832/1300 issued by the Plaintiffs to Defendant Columbus Business Center, LLC and effective from August 30, 2013 to August 30, 2014 (the “Policy”), including the funds interpleaded by the Plaintiffs in this Action, and any claim relating to the Policy or the insurance claim that gave rise to this Action, shall be, and they hereby are, discharged. IT IS FURTHER ORDERED AND ADJUDGED that, except for the relief granted in this Agreed Order, the Amended Motion shall be, and it hereby is, denied. SO ORDERED, this the 26th day of July, 2017. /s/ Sharion Aycock UNITED STATES DISTRICT JUDGE AGREED TO AND APPROVED FOR ENTRY BY: /s/ Christopher H. Meredith William H. Leech, MSB No. 1175 Sarah Beth Wilson, MSB No. 103650 Christopher H. Meredith, MSB No. 103656 COPELAND, COOK, TAYLOR & BUSH, P.A. 600 Concourse, Suite 100 1076 Highland Colony Parkway (Zip—39157) P.O. Box 6020 Ridgeland, MS 39158 Telephone: (601) 856-7200 Facsimile: (601) 856-7626 bleech@cctb.com sbwilson@cctb.com cmeredith@cctb.com Counsel for Hope Federal Credit Union /s/ Lindsey A. Davis Lindsey A. Davis ZELLE LLP 500 Washington Ave. S., Suite 4000 Minneapolis, MN 55415 612-339-2020 ldavis@zelle.com and Lee Ann C. Thigpen Carroll Warren & Parker, PLLC One Jackson Place, Suite 1200 188 East Capitol Street Jackson, MS 39201 601-592-1010 lthkigpen@cwplaw.com Counsel for Certain Underwriters at Lloyd’s London 2

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