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17-041 - First City Bank of Florida v. McKelvy et al (JOINT ASSIGN)


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17-041 - First City Bank of Florida v. McKelvy et al (JOINT ASSIGN)
December 5, 2017
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ORDER: Before the court is the Joint Motion for Dismissal with Prejudice filed by Plaintiff First City Bank of Florida and Defendants BancorpSouth Bank ("BancorpSouth") and Johnny Kincey. (Doc. # 119.) The motion is construed as a notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.1 Because the notice comports with Rule 41(a)(1)(A)(i), Plaintiff's claims against BancorpSouth and Mr. Kincey have been dismissed with prejudice by operation of Rule 41(a)(1) on the terms set out in the notice. The Clerk of the Court is DIRECTED to reflect in the courts electronic record that BancorpSouth Bank and Johnny Kincey have been terminated as Defendants in this action. It is further ORDERED that the pending motions filed by BancorpSouth and Mr. Kincey (Docs. # 61, 63, 109) are DENIED as moot. Signed by Chief Judge William Keith Watkins on 12/5/2017. (kh, )
January 2, 2018
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ORDER directing as follows: (1) plf's claims against Defs Beach Metals of Navarre, Inc.; Blackwater Settlement Solutions, LLC; Eastern Metals of Crestview, Inc.; Generation Five Financial Group of Florida, LLC; North Okaloosa Development Corporation; and Precious Metals of Baker, Inc., other than Count VI, are DISMISSED with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; directing the clerk to reflect in the court's electronic record that, as of today's date, these Defs are terminated as parties to this action; (2) All claims against Defs Craig F. Shaw, JMW of Andalusia, John Michael Ward, and Square Donut Group Inc. are DISMISSED with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; directing the clerk to reflect in the court's electronic record that, as of today's date, these Defs are terminated as parties to this action; (3) On or before 1/12/2018, Plf shall show cause why this action should not be dismissed without prejudice pursuant to Rule 4(m) as to the only remaining two DefsChaim Hershkowits and A & CH Properties, LLC.. Signed by Chief Judge William Keith Watkins on 1/2/18. (Attachments: # (1) civil appeals checklist)(djy, )