Page 1 

SETTLEMENT AGREEMENT AND RELEASE 

This Settlement Agreement and Release ("Agreement") is made as of October 11, 2012, 

by, between, and among the Federal Deposit Insurance Corporation as Receiver for AmTrust 

Bank, Cleveland, Ohio ("FDIC-R"); l st National Title Insurance Agency, LLC. a Utah limited 

liability company ("I st National"); and Westcor Land Title Insurance Company, a California 

corporation (''Westcor") (individually, the FDIC-R, lst National and Westcor may be referred to 

herein as a "Party"' and collectively as the "Parties~'). 

RECITALS 

l. On or about Ot.-'tOber 29. 2008, AmTrust Bank, Cleveland, Ohio, previously 

known as Ohio Savings Bank ("'Bank"), purchased a loan originated by PrimeLending. A 

PlainsCapital Company ("l)rimeLending") to borrower Magdalena Lozano (''Lozano~') in the 

amount of $1.5 million (the "Loan") in connection with Lozano's purchase of a residential 

property Jocated at 12463 North Timberline Drive, Highland, Utah (hereinafter the ·•Lozano 

Transaction~'). In connection with the Lozano Transaction, l st National served as the closing 

agent and Westcor furnished a po1icy oftitle insurance and a closing protection letter. 

2. Prior to December 4, 2009, Bank was a depository institution organized and 

existing under the laws ofthe United States. 

3. On December 4, 2009, the Office of Thrift Supervision closed the Bank and 

appointed the Federal Deposit Insurance Corporation as its receivt.-r. In accordance with 12 

U.S.C. § 182l(d), the FDIC~R succeeded to all rights, titles, powers. and privileges of the Bank., 

including those with respect to the claims which are the subject ofthis Agreement. 

4. FDIC-R asserted certain claims against lst National and Westcor, and Westcor 

cross-claimed against ls1 NationaL in that certain lawsuit presently pending in the United States 

District Court for the District of Utah, Central Division, as Case No. 2:l0cv0 l084 ("Lawsuit"). 

5. The Parties conducted a mediation on October 1 1. 2012 before the Honorable 

Judge Timothy Hanson. The parties resolved their claims that have been or could have been 

asserted betwc<.'Tl. the Parties in the Lawsuit. The Parties documented the tcnns of settlement in a 

signed document dated October ll, 20 l2 (''Term Sheet''). 

6. The Parties now deem it in their best interests to enter into this .Agreement to 

avoid the uncertainty, trouble and expense of continued litigation. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

releases siated herein, the sufficiency of which consideration is hereby acknowledged, the 

undersigned Parties agree as follows: 
Page 2 

I. SETTLEMENT PAYMENT TO FDIC·R 


A. As an essential covenant and condition to this Agreement, on or before thirty days 

following the date al.l Parties execute this Agreement e·settlement Payment Due Date"), 1st 

Nationa.l shall pay the FDIC~R the total sum of $375,000 (the ~'1st National Payment") and 

Westcor shall pay the FDIC-R the total sum of $l25,000 (the "Wesicor Payment"). (The t=>t 

National.Payrne.nt and the Westcor Payment are referred to collectively herein as the "Settlement 

Payment."') The Settlement Payment shall be made by check payable to '·Mortgage Recovery 

Law Group Client Trust Account" and delivered to 700 N. Brand Boulevard~ Suite 830, 

Glendale, California 91203, Attention Paul Levin, Esq. 

B. If the FDlC-R docs not receive the Settlement Payment by the Settlement 

Payment Due Date. then the FDIC~R, in its sole discretion, shall have the right to: 

1. Extend the period of time for payment, including interest accruing from 

the Settlement Payment Due Date through the date of payment at a rate calculated in 

accordance with 26 U.S.C. § 662l(b)(3); 

2. Enforce this Agreement and. in such event~ 1st National and Westcor agree 

to jurisdiction in Federal District Court in Utah and the defaulting party agrees to pay all 

of the FDIC-R's reasonable attorneys• fees and costs expended in enforcing the tenns of 

this Agreement; 

3. Declare this Agreement null. and voi.d as to either or both of Westcor and 

1st National, and move to vacate any dismissal order, in which case FDIC-R shall return 

to a non-defaulting payer (Westcor, 1 !It National, or lst National's insurer, as the case may 

be) any portion of the Settlement Payment that has been paid; and/or 

4. Seek any other relief available to it in law or equity. 

Any cxtcnsio.n of time for delivery ofthe Settlement Payment shall not prejudice the FDlC-R's 

right to take other action or seek any relief during or after such period of extension, including the 

right to bring an action to enforce this Agreement, or declare this Agreement null and void. 

Although FDIC~R shall have the right to declare this Agreement null and void if the full 

Settlement Payment .is not received, neither Westcor nor l ~~National (nor 1 31 National's insurer) 

shall be liable for the default ofthe other party in paying its share ofthe Settlement Payment. 

C. The Parties are to bear their own respective costs and attorneys' fees in the 

negotiation, mediation and settlement ofthe Lawsuit. 

D. After receipt and collection of the Settlement Payment checks by Mortgage 

Recovery Law Group, the .Parties shaH cause their respective counsel to file with the Court a 

Stipulated Motion to Dismiss all of Plaintiff's Claims and Westcor's Cross-Claims with 

Prejudice ("Stipulated Motion") and a proposed Order dismissing with prejudice the FDJC·R's 

Complaint and Westcor's Cross·Ciairn against lsi NationaL The form of the Stipulated Motion 

2 

Page 3 

and the proposed Order are attached hereto as .Exhibits A and B. If a bankruptcy petition or a 

receivership or similar action has been filed against Westcor~ 1st National or their insurer. the 

Lawsuit shall be dismissed only after any Preference claim or acti.on has been resolved to the 

effect that the FDlC-R retains the full Settlement Amount. 

II. RELEASES 

Each Party acknowledges that this Agreement applies to all claims for injuries, damages, 

or losses of any type or nature (whether those injuries, damages, or losses are known or 

unknown, foreseen or unforeseen, patent or latent) which that Party may have against another 

Party arising out of or relating to the subject matter ofthe Lawsuit. 

A. The FDIC-R·s Release. Upon receipt of the Settlement Payment, plus any 

accrued interest, and except as provided in Section JI.D. below, the FDIC-R, for itself and its 

predecessors, successors and assigns, hereby releases and discharges lst National and Westcor 

and their respective employees. managers, members, officers. directors, agents, insurers, lawyers~ 

predecessors, successors and assigns. from any and all claims, demands, contracts, obligations, 

damages. actions, and causes of action, direct or indirect, in law or in equity belonging to the 

FDIC·R, arising out ofor relating to the subject matter ofthe Lawsuit. 

B. 1st National's Release. Effective simultaneously with the release in Section II.A. 

above, lst National. for itself and its predecessors, successors and assigns, hereby releases and 

discharges the FD[C-R and Westcor, and their respective employees, managers, members, 

oflicers, directors, agents, insnrers, lawyers, predecessors, successors and assigns, from any and 

all claims, demands, contracts, obligations, damages, actions, and causes of action, direct or 

indirect, in law or in equity belonging to Ist National. arising out of or relating to the subject 

matter ofthe Lawsuit. 

C. Westcor's Release. E:tTective simultaneously with the release in Section ILA. 

above, Westcor, for itself and its predecessors, successors and assigns~ hereby releases and 

dis~harges the FDIC-R and 1st National, and their respective employees, managers, members, 

officers, directors, agents~ insurers, lawyers, predecessors, successors and assigns~ from any and 

all claims, demands, contracts~ obligations~ damages, actions, and causes of action, direct or 

indirect, in Jaw or in equity belonging to Westcor, arising out of or relating to the subject matter 

ofthe Lawsuit. 

D. Exceptions to Release bv FDIC-R. 

L Notwithstanding any other provision ofthis A!,JTecment, the FDIC-R does 

not release, and expressly preserves fully and to the same extent as if this Agreement had 

not been executed, any claims or causes ofaction: 

3 

Page 4 

a. Against 1st National, Westcor, or any other person or entity for 

liability, if any, incurred as the maker, endorser or guarantor of any promissory 

note or indebtedness payable or owed by them to FDlC-R, the Bank, other 

financial institutions, or any other person or entity, including any claims not 

related to the Lawsuit acquired by FDIC-R as successor in interest to the Bank or 

any person or entity other than Bank, provided, however, that the claims 

specifically described in Section TLA. above are hereby released; 

b. Against any person or entity not expressly relea<;ed by the FDIC-R 

in this Agreement; or 

c. Which are not expressly released in Section B.A. above. 

2. Notwithstanding any other provision of this Agreement, nothing herein 

limits, waives, releases, diminishes or compromises the jurisdiction and authority of the 

Federal Deposit Insurance Corporation in the exercise of its supervisory or regulatory 

authority to institute administrative enforcement or other proceedings seeking removal, 

prohibition, civil penalties, restitution or other relief it is authorized to seek pursuant to its 

supervisory or regulatory authority against any person, or which may arise by operation 

oflaw, rule, or regulation. 

3. lt being the intent of the parties that the release by the FDIC-R shall be 

limited to the matters described in Section ILA above, it is agreed that this Agreement 

does not waive any claims brought on behalf of another failed institution or any claims 

which could be brought by the United States through the Department of Justice, the 

United States Attorney's Office for any federal judicial district, or any other 

governmental entity. In addition, the FDIC·R specifka11y reserves the right to seek court 

ordered restitution pursuant to the relevant provisions of the Vi.ctim and Witness 

Protection Act} 18 U.S.C. § 3663, et. seq., if appropriate. 

E. Reservation of Claims. Except as expressly set forth herein, nothing in this 

Agreement shall be construed as a waiver or release by any .Party of any claim or cause of action 

against any other entity or person not released in Section ILA, B or C above. Without limiting 

the foregoing~ all claims against the Third Party Defendants in the Lawsuit are hereby expressly 

reserved. 

Ill. INSOLVENCY 

A. Insolvencv. 

J. 1st National warrants that the 1st National Pavment is not made from the 

property of 1st National or of a bankruptcy estate that would result from a bankruptcy 

filing of ls1 National within the meaning andlor for the purposes of the United States 

Bankruptcy Code. This warranty is made by lst National and not by its counseL 

4 

Page 5 

2. Westcor warrants as to payments made by or on its behalf that at the time 

of such payment, it is not insolvent nor will the payment made by or on its behalf render 

it insolvent within the meaning and/or for the purposes of the United States Bankruptcy 

Code. This warranty is made by Westcor and not by its counsel. 

B. Preferences. If ihe FDlC-R is required to return any portion of the Settlement 

Payment due to a final order by a court ihat the transfer ofthe Settlement Payment or any portion 

thereof constituted a preference, voidable preference, frauduleni transfer or similar claim or legal 

action (collectively ••Preference>"), then, in its sole discretion, the FDIC-R may, without waiver 

of any other rights it may have in law or equity, pursue any ofthe rights and remedies set forth in 

Section LB. above, and/or otberwise permitted by law, but only with respect to the entity whose 

payment was determined to be a Preference. In no event shall Westcor or 1st National (or lst 

Nationars insurer) be liable for any Preference arising from the payment of the other Party, nor 

shall FDIC-R be eniitled to any remedy as to the .Party whose payment is not the subject of a 

Preference. 

IV. TERMINATION 

If the FDIC·R exercises its right to declare this Agreement null and void as provided in 

Section II then~ for the purposes of any statute of limitations or other time-based defense to any 

of the c.laims of the FDIC~R, the Parties to this Agreement shall be deemed to have reverted to 

their respective status as of 5:00 p.m. Eastern Time, October 10, 2012. and the Mediation 

Settlement Term Sheet is agreed to be void. 

V. NOTICES 

Any notices required hereunder shall be sent by certified mail, first class, return receipt 

requested, and may also be sent by email, to the following: 

Ifto the FDIC-R: 

Gary Doctorman 


Parsons Behle & Latimer 


201 South Main Street, Suite 1800 


Salt Lake City. UT 84111 


(801) 536-6780 

omoml•••••••• ••••• mom•••••••m•mm•m•• 

5 

Page 6 

Ifto 1st National: 

Matthew C. Barneck 

Richards Brandt Miller Nelson 

Wells Fargo Center, 15th Floor 

299 South Main Street 

Salt Lake City, UT 84111 

(801) 531·2000 

(b)(6} ················L-1_________. 

Ifto Westcor: 

Bryce D. Panzer 

Blackburn & Stoll, .LC 

257 East 200 South, Suite 800 

Salt Lake City, UT 84111 

(801) 578·3520 

(b)(6} .................J....._______....J 


VI. OTHER .MATTERS 

A. No Admission of Liability, The undersigned Parties each acknowledge and agree 

that the matters set forth in this Agreement constitute the settlement and compromise of disputed 

claims and defenses raised in the Lawsuit. that this Agreement is not an admission or evidence of 

liability or infinnity by any of them regarding any claim or defense, and that this Agreement 

shall not be offered or received in evidence by or against any Party hereto, except t.o enforce its 

tenns. 

B. Execution in Counterparts -Electronic Copies. This Agreement may be executed 

in counterparts by one or more of the Parties named herein and all such counterparts when so 

executed shall together constitute the final Agreement, as if one document had been signed by all 

Parties hereto; and each such counterpart, upo.n execution and delivery, shall be deemed a 

complete original, binding the Party or Patties subscribed thereto upon the execution by all 

Parties to this Agreement. Email or facsimlle transmissions of a Party's signed counterpart shaH 

be deemed to constitute the delivery of a signed original counterpart. 

C. Binding Effect. All of the undersigned persons represent and warrant that they 

arc authorized to sign this Agreement on behalf of the respective Party, and that they have the 

full power and authority to bind such Party to each and every provision of this Agreement. This 

Agreement shaH be binding upon and inure to the benefit of the undersigned Parties and their 

respective representatives, predecessors, successors and assigns. 

D. Entire Agreement. This Agrccmeni constitutes the entire agreement and 

understanding between and among the undersigned Parties concerning ihe matters set forth herein 

6 

Page 7 

and supersedes any prior agreements or understandings. including but not limited to the Tenn 

Sheet. No representations, warranties or inducements have been made to or relied on by any 

Party concerning this Agreement and its exhibits, other than those contained therein. 

E. Amendments. This Agreement may not be amended or modified, nor may any of 

i.ts provisions be waived, except in writing by the .Party or Parties bound thereby, or by their 

respective authorized attorney(s) or other representative(s). 

F. Reasonable Coo.ru;ration. 

l. The undersigned Parties agree to cooperate in good faith to effectuate all 

t,he tenns and conditions of this Agreement, including doing, or causing their agents and 

attomcys to do, whatever is reasonably necessary to effectuate the signing, delivery, 

execution, fi.ling, recording, and entry, of any documents necessary to perform the terms 

ofthis Agreement. 

2. Further, 1st National and Westcor agree to cooperaie fully with the 

FDIC-R in connection with any action required under this Agreement. Any such 

cooperation that involves any out-of-pocket costs is subject to reasonable reimbursement 

by the FDIC-R pursuant to its internal guidelines and policy for such reimbursement. 

G. Choice of Law. This Agreement shall be interpreted, construed and enforced 

according to applicabl.e federal law, or in its absence, the internal laws of the State of Utah~ 

without regard io its conflicts of laws . 

.H. Advice of Counsel. Each Party hereby acknowl.edges that it has consulted with 

and obtained the advice of counsel prior to executing this Agreement. and that this Agreement 

has been explained to th,at Party by its counsel. 

L Title and Captions. All Section titles and captions contained in this Agreement 

are for convenience only and shall not affect the interpretation ofthis Agreement. 

J. Authorship/Construction. This Agreement sets forth terms and agreements jointly 

negotiated by the Parties. [tis expressly agreed that this Agreement shaH not be construed for or 

against any .Party by reason ofwhich Party drafted it. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by their duly authorized representatives as of October 11,2012. 

7 

Page 8 

FDIC ~s Receiv~r fm· AmTr~st Bank, 

Ct~v~!:wd, Ohio 1 / / 

(b)(6) II)''IL...-·······________. 

Narne: ,hi rr ·f~_J:!:1:._~.;;.£~.:~'!:.J:. 

··ritic: _(~.!..!Lld---~----------- _____ 

Date: ..:~/:1/.J=J?J..:S..~---------------

ht NMional Ag~nc~, LLC, a Ut~h limit~d 

lhtbility c<lmpany 

······························································ -(b)(6) 

Bv: ~ 

Name; ......reAu v· ____________________ _ 1 


Title: "' ...lni!tl!~t.(.: __ 


Dah:: ~-------1=-~-=-Ll ________ 


W~tcot" l,and Tide ln~uranc¢ Comp.nny~ l¥ 


Calif.>rn1a corji(H"ation 

By: 

Name: 

......................................'!"'!"'!"""""'·: ..........................................,..."'!'!h...........,•.. """"·""""•••••••'"""-'""l+l-M~-;.·.···· ..J.,%WQi!Qi!\iW!Qi.m4.;... · .. 
__ 

Page 9 

FDIC as Receiver for AmTrpst Bank, 

(b)(6} :::c""""_~-------------_-----------_------------_-----------_------------_--- ____,1 

Name: 1' tr. ;& ;k. Yha. t'..,:-.r K 

Title: ("t!!>v-" re )( 

Date: 1/'f

I 

L:rt?( "5 

1stNational Agency, LLC, a Utah limited 

liability company 

By: 

Name:---------­

Title: 

Date: 

We.stcor Land Title Insurance Company, a 

California corporation 

By:lL------~ {b)(6) 

I 

Title: c.vJ,mr: /1;:;'1 m / rt/ 

Date: tJt!J.,..-j3 

4812·526(}-1.!49.5 8 

. . ..~., . . . . .. - " . ,...... 
-----

Page 10 

EXHIBIT A 


GARY E. DOCTORMAN (0895) 


DAVID K. REINHOLD (11165) 


PARSONS BEHLE & LATIMER 


Attorneys for Plaintiff 


One Utah Center 


201 South Main Street, Suite 1800 


Salt Lake City, UT 8411 1 


Telephone: (801) 532-1234 


Facsimile: (801) 536-6111 


I ·········-········-··········· ........... .
 (b)(6.. r·\ ···········"""-----------' 

---------····..·~-·--·········· 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF UTAH 

----...-......._ FEDERAL DEPOSIT INSURANCE 


CORPOR.A.TION AS RECEIVER FOR 


AMTRUST BANK, 


STIPULATED MOTION TO DISMISS 

Plaintiff, ALL OF PLAINTlFF'S CLAIMS AND 

WESTCOR'S CROSS-CI.AIMS WITH 

VS, PREJUDICE 

1ST NATIONAL TITLE TNSURANCE 

AGENCY, LLC, a Utah limited liability 

company, and WESTCOR LAND TITLE Case No.2: LOCV01084 

INSURANCE COMPANY, a California 

Judge Bruce S. Jenkins corporati.on. 

Defendants. 
Page 11 

1ST NATIONAL TITLE INSURANCE 

AGENCY, LLC, a Utah limited liabi.lity 

company, and WESTCOR LAND TITLE 

lNSURANCE COMPANY, a California 

corporation, 

Third-Party Plaintiffs, 

V. 

MAGDALENA LOZANO, FIDELJS 

CAPITAL GROUP, LLC, a revoked limited 

liability company, BRlAN ZIMMERMAN, 

PAUL HILL, RUSSELL BLACK~ RICK 

WELLS, PEGGY MCKENZIE. DEN~IS 

BERRETC and DOES 1·20, persons 

unknown, 

Third·Party Defendants. 

Pursuant to Rule 4l(a)( l)(A)(ii) of the Federal Rules of Civil Procedure~ Plaintiff, 

Federal Deposit Insurance Corporation as Receiver of AmTrust Bank (''FDJC-R"), and 

Defendants, 1'1 National Title lnsurance Agency, LLC ("ls1 National'~) and Westcor Land Title 

Insurance Company ("Wcstcor''), through counsel, respectfully request this Court enter the 

Stipulated Order submitted herewith, which dismisses with prejudice all claims filed by FDIC~R 

against lst National and Westcor and the cross-claims of Wcstcor against 1st National in this 

lawsuit with each party bearing its own attomeys' fees and costs. 

-2­
Page 12 

1st National and Westcor do not dismiss any of their respective claims against the Third 

Party Defendants herein, and all such claims are hereby expressly reserved. 

DATED this_day of January, 2013. 

lsi 

Gary E. Doctonnan 

David K Heinhold 

PARSONS BEHLE & LATlMER 

Attorneys for the Federal Deposit Insurance 

Corporation as Receiver ofAm Trust Bank 

Is! 

Bryce D. Panzer 

Brett N. Anderson 

Scott R. Taylor 

BLACKBURN & STOLL, LC 

Attorneys for Westcor 

(Signed with authority ofScott R. Taylor) 

/s/ 

Matthew C. Hamcck 

Chad E. Funk 

RICHARDS BRANDT MILLER NELSON 

Attorneys for 1st National 

(<Wgned with authoriry ofMa!thew C. Barneck) 

- 3­
Page 13 

CERTIFICATE OF SERVICE 

I hereby certify that on January_, 2013, I electronically filed the foregoing Stipulated 

Motion To .Dismiss All Of Plaintiff's Claims And Westcor's Cross-Claims With Prejudice 

with the Clerk of Court using the CM/ECF system whi.ch sent notification of such filing to the 

following: 

Matthew C. Barneck Bryce D .. Panzer 

Chad E. Funk Brett N. Anderson 

RICHARDS BRANDT MILLER NELSON BLACKBURN & STOLL 

299 South Main Street, 15"'1. Floor 257 East 200 South. Suite 800 

Salt Lake City, Utah 841 1 0·2465 Salt Lake City, Utah 84111-2142 

(b)(6) I ................................................. I l I 


Attorneysfor Westcor Land Title Attorneysfor r' National Title insurance Agency 

John J. Brannelly, Jr. Esq., 


VANGUARD LEGAL~ PLLC 


59 West 9000 South 


Sandy, Utah 84070 


(b)(6} lm••••• •• I 

Attorneysjor Third·Party Defendani Fide/is 


Capital Group, LLC 


And thai I caused to be mailed the same pleading by first-class mail, postage prepaid, to the 

fol1owing: 

Dennis Berrett Magdalena Lozano 

3768 Bari Way 61.25 Copper Crest Drive 

South Jordan, Uiah 84095 Las Vegas, NV 89130-1999 

Third Party Defendant ThirdPar(Y Defendant 

Peggy McKenzie 

2833 Lance Circle 

Heber, Utah 84032 

Third Party Dejfmdant Is! Gary E. Doctorman 
Page 14 


EXHIBIT B 


GARY E. DOCTOR.Iv1AN (0895) 


DAVID K. HEINHOLD (lll65) 


PARSONS BEHLE & LATIMER 


Attorneys for Plaintiff 


One Utah Center 


201 South Main Street, Suite 1800 


Salt Lake City, UT 84111 


Telephone: (80 l) 532-1234 


Facsimile: (801) 536-6111 


(b)(6} I....._._ ........................ _ _ 
 ........... ______.


------------------------~~~-~~~~~-

UNITED STATES DISTRICT COURT 

FOR THE DlSTRICT OF UTAH 

FEDERAL DEPOSIT INSURANCE 

CORPORi\TION AS RECEIVER FOR 

AMTRUST BANK, 

Plaintiff, 

vs. 

IST NATIONAL TITLE INSURANCE 

AGENCY~ LLC~ a Utah limited liability 

company~ and WESTCOR LAND TITLE 

INSURANCE COMPANY, a California 

corporation, 

Defendants. 

[PROPOSEDJ ORD.ER GRANTING 

STIPULATED MOTION J'OR 

DISMISSAL OF ALL PLAINTIFF'S 

CLAIMS Al"'lD \V.ESTCOR~s CROSS~ 

CLAIMS WlTH PREJUDICE 

AND 

RESERVATION OF CLAIMS AGAINST 

THJRD-PARTY DEFENDANTS 

Case No.2: lOCVO 1084 

Judge Bruce S. Jenkins 
Page 15 

1ST NA'DONAL Tl'.rLE lNSURANCE 

AGENCY, LLC, a Utah limited liability 

company, and WESTCOR LAND TITLE 

INSURANCE COMPANY, a California 

corporation, 

Third-Party Plaintiffs. 

V. 

MAGDALENA LOZANO, FIDELIS 

CAPlTAL GROUP, LLC, a revoked limited 

liability company, BRIAN ZIMMERMAN, 

PAUL HILL, RUSSELL BLACK, RICK 

WELLS~ PEGGY MCKENZIE~ DENNIS 

BERRETT, and DOES 1-20, persons 

unknown, 

Third-Party Defendants. 

Based on the Stipulated Motion to Dismissal All of Plaintiffs Claims and Westcor's 

Cross CJaims With Prejudice (the "Motion"), and pursuant to Rule 4l(a)(l)(A) of the Feder<~.! 

Rules of Civil Procedure, filed by Fedt.-ral Deposit Insurance Corporation as Receiver for 

AmTrust Hank ("FDIC-R"), 1st National Title Insurance Agency, LLC ("1st National'') and 

Westcor Land Tiile Insurance Company ("Westcor''), and for good cause appearing: 

IT IS ORDERED that: 

L The M.otion is GRANTED. 

2. All of FDIC-R's claims against 1st National and Wcstcor in this lawsuit are 

dismissed. with prejudice. 

-2­
Page 16 

3. All of Westcor's cross~claims against Jst National in this Lawsuit are dismissed 

with prejudice. 

4. 1si Nationa.! and W cstcor do not dismiss any of their respective claims against the 

Third Party Defendants herein, and all such claims are expressly reserved. 

5. Each party will bear its own attorneys' fees and costs .incurred in connection with 

the prosecution and defense ofFDIC~R's claims. 

DATED this_ day ofJanuary, 2013. 

HONORABLE JUDGE BRUCE S. JENKINS 

UNITED STATES DISTR!CT COURT JUDGE 

Approved as to form this_day ofJanuary, 2013. 

Is/ 

Bryce D. Panzer 

Brelt N. Anderson 

Scott R. Taylor 

BLACKBURN & STOLL. LC 

Attorneys tor Westcor 

(Signed with authority ofScott R. Taylor) 

lsi 

Matthew C. Harneck 

Chad E. Funk 

RICHARDS BRANDT MILLER NELSON 

Attorneys for Isr National 

(Signe~i with authority t~fA1atthew C. Barneck) 

., 

-·' ­ 4832-52&)·7249 5 
Page 17 

CERTIFICATE OF SERVICE 

I hereby certify that on January_, 2013. I electronically filed the foregoing [Proposed) 

Order Granting Stipulated Motion For Dismissal Of All Plaintiff's Claims And Westcor's 

Cross·Ciaims With Prejudice And Reservation Of Claims Against Third-Party Defendants 

with the Clerk of Court using the CM/ECF system which sent notification of such filing to the 

following: 

Matthew C. Barneck Bryce D. Panzer 

Chad E. Funk Brett N. Anderson 

RICHARDS BRANDT MILLER NELSON BLACKBURN & STOLL 

299 South Main Street, 15th Floor 257 East 200 South, Suite 800 

Sal.t Lake City, Utah 841 10~2465 Salt Lake City, Utah 84111·2142 

(b)(G::) ::::::::::::::::::::::::L....-1___·••••-••••••••••••••••••••___.I lm I 

Attorneys for Westcor Land Title Alforn~ysfor prt National Title Insurance Agency 

John J. Brannelly, Jr. Esq., 


VANGUARD LEGAL, PLLC 


59 West 9000 South 


Sandy, Utah 84070 


(b)(6}•••••• lm•••••••••••••••••••••••••••••• ••• •• 

Attorneys for Third-Party Dejimdanl Fidelis 


Capital Group, LLC 


And that I caused to be maiJed the same pleading by first-class mail, postage prepaid~ to: 

Dennis Berrett Magdalena Lozano 

3768 Bari Way 6125 Copper Crest Drive 

South Jordan, Utah 84095 Las Vegas, NV 8913 0-1999 

Third Parry Defendant Third Party Defendant 

Peggy .McKenzie 

2833 Lance Circle 

Heber) Utah 84032 

Third Party Defendant Is! Garv E. Doctorman 

-4­