Filed: Dec. 22, 2017
Latest Update: Dec. 22, 2017
Summary: STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE LARRY R. HICKS , District Judge . Plaintiff BRANCH BANKING AND TRUST COMPANY (" BB&T " or " Plaintiff "), by and through its undersigned counsel of record, and Defendants PEBBLE CREEK PLAZA, 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, and D.M.S.I., L.L.C. (collectively " Defendants "), by a
Summary: STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE LARRY R. HICKS , District Judge . Plaintiff BRANCH BANKING AND TRUST COMPANY (" BB&T " or " Plaintiff "), by and through its undersigned counsel of record, and Defendants PEBBLE CREEK PLAZA, 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, and D.M.S.I., L.L.C. (collectively " Defendants "), by an..
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STIPULATED ORDER TO VACATE JUDGMENTS AND TO DISMISS ACTION WITH PREJUDICE
LARRY R. HICKS, District Judge.
Plaintiff BRANCH BANKING AND TRUST COMPANY ("BB&T" or "Plaintiff"), by and through its undersigned counsel of record, and Defendants PEBBLE CREEK PLAZA, 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, and D.M.S.I., L.L.C. (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 Final Deficiency Judgment entered in this action in favor of BB&T and against Defendants on July 11, 2016 [ECF No. 151] in the amount of $1,802,525.01 is hereby vacated;
2. The Judgment entered in this action in favor of BB&T and against Defendants on February 10, 2017 [ECF No. 170] awarding BB&T attorney fees in the amount of $219,820.48 and nontaxable costs in the amount of $12,847.38 is hereby vacated;
3. All claims and counterclaims asserted in this action are hereby dismissed with prejudice; and
4. 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.
