Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER ANDREW P. GORDON , District Judge . STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE Plaintiff BRANCH BANKING AND TRUST COMPANY (" BB&T " or " Plaintiff "), by and through its undersigned counsel of record, and Defendants REGENA HOMES, LLC, YOEL INY, NOAM SCHWARTZ, YOEL INY as Trustee of the Y&T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ as Trustee of the NOAM SCHWARTZ TRUST dated August 19, 1999, D.M.S.I., L.L.C., and GREAT AMERICAN CAPITAL (collect
Summary: ORDER ANDREW P. GORDON , District Judge . STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE Plaintiff BRANCH BANKING AND TRUST COMPANY (" BB&T " or " Plaintiff "), by and through its undersigned counsel of record, and Defendants REGENA HOMES, LLC, YOEL INY, NOAM SCHWARTZ, YOEL INY as Trustee of the Y&T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ as Trustee of the NOAM SCHWARTZ TRUST dated August 19, 1999, D.M.S.I., L.L.C., and GREAT AMERICAN CAPITAL (collecti..
More
ORDER
ANDREW P. GORDON, District Judge.
STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE
Plaintiff BRANCH BANKING AND TRUST COMPANY ("BB&T" or "Plaintiff"), by and through its undersigned counsel of record, and Defendants REGENA HOMES, LLC, YOEL INY, NOAM SCHWARTZ, YOEL INY as Trustee of the Y&T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ as Trustee of the NOAM SCHWARTZ TRUST dated August 19, 1999, D.M.S.I., L.L.C., and GREAT AMERICAN CAPITAL (collectively "Defendants"), by and through their undersigned counsel of record, hereby stipulate and agree to the entry of this Stipulated Order by this Court providing as follows:
1. The Judgment entered in this action in favor of BB&T and against Defendants on August 27, 2015 [ECF No. 179] in the amount of $1,975,766.24 is hereby vacated;
2. The Clerk's Judgment entered in this action in favor of BB&T and against Defendants on September 6, 2016 [ECF No. 196] awarding BB&T attorney fees in the amount of $216,204.26 is hereby vacated;
3. The Amended Clerk's Judgment entered in this action in favor of BB&T and against Defendants on May 1, 2017 [ECF No. 211] awarding BB&T attorney fees in the amount of $216,204.26 and non-taxable costs in the amount of $8,318.89 is hereby vacated;
4. All claims and counterclaims asserted in this action are hereby dismissed with prejudice; and
5. The parties shall each bear their own attorney fees and costs incurred in connection with this action.
IT IS SO STIPULATED.
IT IS SO ORDERED.