Deerborne Cottages, L.L.C. et al v. First Bank et al

Filing 30

ORDER granting 26 Motion to Join First Banks' Motion to Dismiss, and Deft Federal Deposit Insurance Corporation, as receiver for The Bank of Asheville is allowed to join the Motion To Dismiss previously filed by Deft First Bank, Successor to The Bank of Asheville. Signed by Magistrate Judge Dennis Howell on 10/03/11. (emw) Modified text on 10/3/2011 (emw). NEF Regenerated (ejb).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 cv 178

DEERBORNE COTTAGES, L.L.C., a
North Carolina Limited Liability
Corporation; MICHAEL ROBINSON;
CLARENCE F. McLEAN, and
SCOVILLE ROBERTS,

)
)
)
)
)
)
Plaintiffs,
)
)
Vs.
)
)
FIRST BANK, Successor to The BANK )
OF ASHEVILLE; the FEDERAL
)
DEPOSIT INSURANCE
)
CORPORATION (FDIC as Receiver for )
The Bank of Asheville); WESTSTAR
)
FINANCIAL SERVICES
)
CORPORATION; G. GORDON
)
GREENWOOD; and RAYNIA J.
)
WHITE
)
)
Defendants.
)
_______________________________
)

ORDER

THIS MATTER is before the Court upon a motion entitled “Defendant Federal
Deposit Insurance Corporation’s Unopposed Motion to Join First Bank’s Motion to
Dismiss Pursuant to 12 U.S.C. § 1823(e)” (#26). It appears from the motion that good
cause has been shown for the granting of said motion, Plaintiffs’ counsel has been
consulted and Plaintiffs’ counsel does not oppose the relief requested in the motion.
The motion will be allowed.

ORDER

IT IS, THEREFORE, ORDERED that the motion entitled “Defendant Federal
Deposit Insurance Corporation’s Unopposed Motion to Join First Bank’s Motion to
Dismiss Pursuant to 12 U.S.C. § 1823(e)” (#26) is hereby ALLOWED and the
Federal Deposit Insurance Corporation, Defendant herein, as receiver for The Bank
of Asheville is allowed to join the Motion To Dismiss previously filed by Defendant
First Bank, Successor to The Bank of Asheville.

Signed: October 3, 2011