Bayer CropScience LP et al v. Texana Rice Mill, Ltd. et al

Filing 169

ORDER NUNC PRO TUNC. IT IS HEREBY ORDERED that the amount of the Net Settlement stated in the first paragraph on page 1 of the Memorandum Opinion shall read $977,270.84 and not $977,269.90. IT IS FURTHER ORDERED that the last sentence of the first full paragraph on page 2 of the Memorandum Opinion shall read: Amegy Bank shall recover the amount of Net Settlement that does not constitute proceeds of Stearns Banks original collateral, that is, $212,003.09. IT IS FURTHER ORDER ED that the last two sentences of the first full paragraph on page 16 of the Memorandum Opinion shall read: Amegy Bank shall recover the remainder of the Net Settlement in the Courts registry that is, $212,003.09 as and for its interest in the commercial tort claim for lost profits, contracts, and goodwill. I will therefore order the Clerk to disburse $212,003.09 to Amegy Bank from the Court's registry. A Judgment and Order of Disbursement Nunc Pro Tunc is entered herewith. Signed by District Judge Catherine D. Perry on 3/20/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BAYER CROPSCIENCE LP, et al.,
Plaintiffs,
v.
TEXANA RICE MILL, LTD., et al.,
Defendants.

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) Case No. 4:13 CV 2375 CDP
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ORDER NUNC PRO TUNC
On March 19, 2018, I entered a Memorandum Opinion in this interpleader
action finding that claimant Stearns Bank National Association was entitled to
recover $765,267.75 from the Bayer Settlement, and I ordered the Clerk of Court
to disburse to Stearns Bank $765,267.75 from the $977,269.90 Net Settlement that
was on deposit in the Court’s registry. I ordered the Clerk to disburse the
remainder of the Net Settlement, that is, $212,002.15, to claimant Amegy Bank
National Association. (Mem. Op., ECF #167.) I have just been informed by the
Clerk that the principal sum on deposit in the Court’s registry is actually
$977.270.84, which is 94 cents more than the $977,269.90 stated in the
Memorandum Opinion. This does not change my analysis, nor does it change the
disbursement to Stearns Bank. It does, however, increase the disbursement to
Amegy Bank by 94 cents. The percentage of accrued interest to be disbursed to

each claimant does not change.
Accordingly, nunc pro tunc as of March 19, 2018,
IT IS HEREBY ORDERED that the amount of the Net Settlement stated in
the first paragraph on page 1 of the Memorandum Opinion shall read
“$977,270.84” and not $977,269.90.
IT IS FURTHER ORDERED that the last sentence of the first full
paragraph on page 2 of the Memorandum Opinion shall read:
“Amegy Bank shall recover the amount of Net Settlement that does not
constitute proceeds of Stearns Bank’s original collateral, that is, $212,003.09.”
IT IS FURTHER ORDERED that the last two sentences of the first full
paragraph on page 16 of the Memorandum Opinion shall read:
“Amegy Bank shall recover the remainder of the Net Settlement in the
Court’s registry – that is, $212,003.09 – as and for its interest in the commercial
tort claim for lost profits, contracts, and goodwill. I will therefore order the Clerk
to disburse $212,003.09 to Amegy Bank from the Court’s registry.”
A Judgment and Order of Disbursement Nunc Pro Tunc is entered herewith.

_________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 20th day of March, 2018.
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