October 26, 2020 |
Filing
176
MEMORANDUM OPINION AND ORDER: it is ORDERED that Dft Alexander's 166 objections to the Plf's bill of costs are SUSTAINED, as further set out in order. Signed by Chief Judge Emily C. Marks on 10/26/2020. (wcl, )
|
March 31, 2020 |
Filing
163
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) pursuant to FRCP 41(a)(2), Mt. Hebron's 156 motion to dismiss claims against Sentinel is GRANTED and the claims against Sentinel are DISMISSED without prejudice; 2) Sentinel's 160 motion for discharge is GRANTED, and Sentinel is DISCHARGED; 3) pursuant to FRCP 41(a)(2), Mt. Hebron's 156 motion to dismiss claims against Alexande is GRANTED and the claims against Alexander are DISMISSED without prejudice; 4) Alexand er's 110 counterclaims against Mt. Hebron alleging breach of contract and declaratory judgment are DISMISSED without prejudice; and 5) Mt. Hebron' 156 & 162 motions for status or entry of final judgment and Alexander's 158 moti on entry of final judgment are GRANTED to the extent that a final judgment will be entered by separate order; 6) Prior to executing the remainder of this Order, the Clerk of the Court is DIRECTED to wait the requisite period for the expiration of the time for appeal, after the Clerk receives any necessary documentation from the payee, such as W-9 forms; If there is an appeal, then the Clerk of the Court shall delay payment pending resolution of the appeal; If no appeal is filed, then the Clerk o f the Court shall proceed to the remainder of the Order; 7_ the Clerk of the Court, without further notice, is DIRECTED and AUTHORIZED to draw a check on the funds on deposit in the Commercial Registry Account and DISBURSE just compensation, in the p rincipal sum of Seven Hundred and Eight thousand, Three Hundred and Thirty Five dollars ($708,335.00), plus 90% of accrued interest, in a check payable to Mt. Hebron District Missionary Baptist Association of Alabama, Inc., by certified mai l, with a return receipt, to its attorney, James R. McKoon, at his address of record; The balance of 10% of accrued interest shall be paid to the U.S. Treasury as a handling fee pursuant to 28 USC 1914(b) and FRDOC91-26415 reported at 56 Fed. Reg. 56356 and directions received from the Administrative Office of the U.S. Courts on 2/7/1992. Signed by Chief Judge Emily C. Marks on 3/31/2020. (Furnished: Finance) (amf, )
|
November 5, 2019 |
Filing
148
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) Alexander's 145 objections are OVERRULED; 2) The 144 Recommendation of the Magistrate Judge is ADOPTED; 3) The Plf's 119 motion for summary judgment is GRANTED to the exten t it is directed at the interpleader action; 4) The Plf's 119 motion for summary judgment is DENIED with respect to any other claims pending in this lawsuit; 5) The Plfs 146 motion for status is DENIED as moot; and 6) The 55 order of referral is VACATED. Signed by Chief Judge Emily C. Marks on 11/5/2019. (Attachment(s): # 1 Civil Appeals Checklist) (amf, ) Modified on 11/5/2019 to include the civil appeals checklist (amf, ).
|
September 27, 2017 |
Filing
107
ORDER: After a de novo review of the record in this case, the Report and Recommendation of the Magistrate Judge filed September 14, 2017 (ECF No. 104 ), is hereby approved, adopted, and made the Order of the Court. Mt. Hebron's objections ha ve been considered and are found to be without merit. Accordingly, Mt. Hebron's pre-discovery "Renewal of Motion to Dismiss and Motion for Summary Judgment" (ECF No. 94 ), which the Magistrate Judge construed as a motion only for summary judgment, is denied, with leave to refile at the conclusion of discovery or after the factual record has been developed more fully. Signed by Honorable Judge Clay D. Land on 9/27/2017. (kh, )
|
September 7, 2017 |
Filing
102
ORDERED that the motion (Doc. 87 ) is GRANTED and that the law firm of Funderburk & Lane is disqualified from the representation of Mt. Hebron in this lawsuit. It is further ORDERED that the Mt. Hebron District Missionary Baptist Association of Alabama, Inc. shall retain new counsel and its new counsel shall file a notice of appearance no later than September 28, 2017. In as much as this party may not represent itself pro se in this litigation, the failure to retain new counsel within the deadline set by the court will be treated as an abandonment of this action and may result in the dismissal of claims or other dispositive orders. Signed by Honorable Judge Gray M. Borden on 9/7/2017. (kh, )
|
June 16, 2017 |
Filing
86
ORDER: it is ORDERED that, on or before July 7, 2017, Sentinel shall interplead the policy proceeds by paying into the Clerk of Court the amount of $708,335.00; it is futher ORDERED that the motion (Doc. 73 ) is DENIED. Signed by Honorable Judge Gray M. Borden on 6/16/2017.(kh, )
|