Stewart v. First Tennessee Bank

Filing 50

ORDER dismissing with prejudice all claims as to James "Jimmy" Stewart and First Tennessee National Association and dismissing First Tennessee Bank National Association as a party. Signed by District Judge Sharion Aycock on 11/16/2015. (psk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JAMES “JIMMY” STEWART
vs.

PLAINTIFF/COUNTER-DEFENDANT
CIVIL ACTION NO.: 3:15-CV-051-SA-SAA

FIRST TENNESSEE BANK
NATIONAL ASSOCIATION, ET AL.

DEFENDANTS/COUNTER-CLAIMANT

FINAL ORDER OF DISMISSAL WITH PREJUDICE OF ALL CLAIMS AS TO JAMES
“JIMMY” STEWART AND FIRST TENNESSEE BANK
NATIONAL ASSOCIATION ONLY; ORDER DISMISSING FIRST TENNESSEE BANK
NATIONAL ASSOCIATION AS A PARTY TO THIS CASE
Before the Court is the Stipulation of Dismissal with Prejudice of All Claims as to James
“Jimmy” Stewart and First Tennessee Bank National Association Only (Doc. 43). Based upon
the statements of Plaintiff/Counter-Defendant James “Jimmy” Stewart (hereinafter “Stewart”)
and Defendant/Counter-Claimant First Tennessee Bank National Association (hereinafter “First
Tennessee”) in the parties’ Stipulation of Dismissal, and based upon the entire record in this
case, it appears to the Court that all matters and claims in dispute between Stewart and First
Tennessee in this case have been fully resolved.
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, it is hereby
ORDERED that all claims that were brought, or that could have been brought, by Stewart against
First Tennessee and by First Tennessee against Stewart are DISMISSED WITH PREJUDICE.
Stewart and First Tennessee shall each be responsible for only their own respective costs,
expenses, and attorneys’ fees.
This Order does not resolve or affect Stewart’s claims against the other parties in this
matter. As such, Stewart’s Amended Complaint remains pending as to CitiMortgage, Inc. and 24
Asset Management Corp.

With respect to the claims asserted against and brought by First Tennessee in this case, all
of which have been dismissed, this is the Final Order of the Court in this matter. The Clerk of
Court is directed to dismiss First Tennessee as a party to this case.
IT IS SO ORDERED this 16th day of November, 2015.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE

APPROVED AND AGREED:

s/ Jacob A. Dickerson
Michael C. Patton (pro hac vice)
Jacob A. Dickerson (MS Bar # 102681)
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
165 Madison Avenue, Suite 2000
Memphis, Tennessee 38103
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant/Counter-Plaintiff
First Tennessee Bank National Association

s/ W. Lawrence Deas
W. Lawrence Deas (MS Bar # 100227)
Deas & Deas, LLC
Post Office Box 7282
Tupelo, MS 38802
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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William Liston III (MS Bar # 8482)
Liston/Lancaster, PLLC
Post Office Box 14127
Jackson, MS 39236
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant
James “Jimmy” Stewart

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