Condidorio v. Regions Bank

Filing 27

AGREED ORDER DISMISSING CASE WITH PREJUDCIE. Signed by Chief Judge Todd J. Campbell on 8/15/11. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE (NASHVILLE DIVISION)

In Re:
DOUGLAS J. CONDIDORIO, Debtor,

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DOUGLAS J. CONDIDORIO, Appellant
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v.
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REGIONS BANK, Appellee
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Case No. 3:10-cv-0441
Judge Campbell
Magistrate Bryant
Pending Sixth Circuit
Appeal No. 11-5489

AGREED ORDER DISMISSING CASE WITH PREJUDICE
Upon the joint motion of the parties pursuant to Rules 60(b) and 62.1 of the Federal
Rules of Civil Procedure, and it appearing to the Court, as evidenced by the signatures of counsel
for the parties, that the parties have agreed subject to the terms of the confidential settlement
agreement between the parties, that this case and any appeals therefrom shall be dismissed with
prejudice.
IT IS ORDERED that the joint motion is granted and this case, together with the
underlying adversary proceeding and any appeals therefrom, is hereby dismissed with prejudice;
and it is
FURTHER ORDERED the findings, rulings and judgments in this case are hereby
vacated, with all findings, rulings and judgments in this case being of no precedential or binding
effect. Without limiting the foregoing, the following findings, rulings and judgments are subject
to the preceding sentence: (i) the Bankruptcy Court Opinion orally issued on March 24, 2010,
(ii) the Judgment entered by the Bankruptcy Court on April 1, 2010 at Docket Entry No. 19 in
the underlying adversary proceeding, (iii) the Magistrate’s Report and Recommendation entered

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on February 23, 2011 at Docket Entry No. 8, (iv) this Court’s Opinion issued on March 28, 2011
at Docket Entry No. 17, (v) this Court’s Order entered on March 28, 2011 at Docket Entry No.
18, (vi) this Court’s Judgment entered on March 28, 2011 at Docket Entry No. 19, (vii) the
Bankruptcy Court’s Order issued on June 13, 2011 at Docket Entry No. 53 in the underlying
adversary proceeding, and (viii) the Bankruptcy Court’s Opinion entered on June 13, 2011 at
Docket Entry No. 54 in the underlying adversary proceeding; and it is
FURTHER ORDERED that costs are assessed against the Debtor as set forth in the
confidential settlement agreement between the parties; and it is
FURTHER ORDERED that the Debtor shall file notice of this order in the underlying
adversary proceeding.

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Todd J. Campbell
UNITED STATES DISTRICT JUDGE

APPROVED FOR ENTRY BY:
/s/ Robert J. Welhoelter
Robert J. Welhoelter (TN BPR #24203)
320 31st Avenue North, Suite A
Nashville, Tennessee 37203
Telephone: [phone]
Facsimile: [phone]
[e-mail]

/s/ W. Neal McBrayer
W. Neal McBrayer
[e-mail]
Sean Charles Kirk
[e-mail]
Miller & Martin PLLC
1200 One Nashville Place
150 Fourth Avenue North
Nashville, TN 37219
615-244-9270 – Telephone
615-256-8197 - Facsimile

Attorney for Debtor

Attorneys for Regions Bank

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