GMAC Mortgage, LLC v. Mathews et al

Filing 59

ORDER granting 58 Motion to release and/or strick the order of prejudgment attachment and preliminary injunction. The Court VACATES its July 12, 2011, Order 46 and lifts the preliminary injunction in this case. Defendan ts ordered to immediately deposit the insurance proceeds into their attorney's trust account. Clerk is to refund security bond and further directs that the parties file a Stipulation of Dismissal within 30 days of this Order and the hearing set for November 17, 2011 is hereby cancelled. Signed by Magistrate Judge Dennis Howell on 11/16/2011. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:10cv19
GMAC MORTGAGE, LLC,
Plaintiff,
v.
CURTIS J. MATHEWS and CAROL
W. MATTHEWS,

Defendants.
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ORDER

Pending before the Court is the Consent Motion to Release and/or Strike the
Order of Prejudgment Attachment and Preliminary Injunction [# 58]. After
holding a hearing in this case, the Court issued a preliminary injunction and
granted Plaintiff’s request for a prejudgment attachment. (Order, Jul. 12, 2011.)
The Court’s Order enjoined Defendants, their officers, agents, servants, employees,
and attorneys from depositing, transferring, distributing, and/or spending the
insurance proceeds at issue in this dispute pending further order of this Court. The
Court also directed Plaintiff to post bond in the amount of $2000 as security for the
issuance of the preliminary injunction and order of attachment. Subsequently, the
parties conducted mediation and reached a settlement.
The parties now move the Court to vacate its prior order freezing the

insurance proceeds at issue so that Defendants can deposit the funds into their
attorneys’ trust account. In addition, Plaintiff requests that the Court release the
$2,000 bond.
Upon a review of the parties’ motion and the record in this case, the Court
GRANTS the consent motion [# 58]. The Court DIRECTS the parties as follows:
(1)

The Court VACATES its July 12, 2011, Order [# 46] and lifts the
preliminary injunction in this case.

(2)

Upon receipt of the insurance proceeds at issue in this dispute, the
Court ORDERS Defendants to immediately deposit the funds into
their attorneys’ trust account. The amount of insurance proceeds to be
deposited into the trust account is set forth in the Borrowers’
Affidavits, which are attached as Exhibit A to the Consent Motion to
Release and/or Strike the Order of Prejudgment Attachment and
Preliminary Injunction.

(3)

The Court DIRECTS the Clerk to release the $2000.00 security bond
previously deposited with the Court. The Clerk shall issue a check
made payable to “GMAC Mortgage, LLC”, and mail the check to:
Nicholas J. Voelker, Bradley Arant Boult Cummings LLP, 100 North
Tryon Street, Suite 2690, Charlotte, NC 28202.

(4)

The Court DIRECTS the parties to file a stipulation of dismissal

within thirty (30) days of the entry of this Order.
(5)

The Court CANCELS the hearing set for November 17, 2011, in
Asheville, North Carolina.

Signed: November 16, 2011