STIPULATION FOR DISMISSAL WITH PREJUDICE OF BANK OF AMERICA, N.A.'S COMPLAINT-IN-INTERVENTION PURSUANT TO SETTLEMENT

[F.R. CIV. P. 41(a)(1)(A)(ii)]

JAMES C. MAHAN, District Judge.

This Stipulation for Dismissal of Bank of America's Complaint-in-Intervention with Prejudice Pursuant to Settlement ("Stipulation") is made by and among the Federal Trade Commission ("FTC"), plaintiff in the underlying action, Bank of America, N.A. ("Bank"), the party filing the Complaint-in-Intervention, and Robb Evans & Associates LLC as Receiver ("Receiver") in reference to the following:

RECITALS

A. In September 2018, plaintiff Federal Trade Commission ("FTC") filed a Stipulation and Order Allowing Bank of America, N.A. to Intervene and File Complaint-in-Intervention ("Intervention Stipulation").

B. On September 27, 2018, the Court entered an order approving the Intervention Stipulation and ordering the Bank's Complaint-in-Intervention filed (Doc. No. 96).

C. On September 28, 2018, the Bank filed its Complaint-in-Intervention (Doc. No. 97).

D. On October 5, 2018, the Receiver and the Bank entered into a stipulation extending the deadline for the Receiver to respond to the Complaint-in-Intervention which was approved by the Court by Order entered October 11, 2018 (Doc. No. 108).

E. On November 5, 2018, the FTC filed an answer to the Bank's Complaint-in-Intervention (Doc. No. 109).

F. On November 20, 2018, the Receiver filed an answer to the Bank's Complaint-in-Intervention (Doc. No. 110).

G. The parties have informally exchanged information and authorities related to their respective positions on the issues raised in the complaint-in-intervention and the Bank's right to recover funds turned over to the estate totaling over $1.7 million based on, among other things, outstanding amounts owed to the Bank by certain receivership defendants as alleged in the Bank's Complaint-in-Intervention.

H. The Receiver has entered into a Settlement Agreement and Release ("Settlement") with the Bank which the FTC has reviewed. The FTC has advised the parties that it has no objection to the Receiver's Settlement with the Bank.

I. The Settlement provides for the Bank's Complaint-in-Intervention to be dismissed with prejudice.

AGREEMENT

NOW, THEREFORE, the FTC, the Bank and the Receiver, as all of the parties to the Bank's Complaint-in-Intervention, hereby stipulate and agree that the Bank's Complaint-in-Intervention shall be and is hereby dismissed with prejudice, with each party to bear its own costs, including attorneys' fees, pursuant to F.R. Civ. P. 41(a)(1)(A)(ii).

IT IS SO ORDERED.