SETTLEMENT AND RELEASE AGREEl\illNT 

This Settlement and Release Agl'cement C'Agreement") ls made by, between~ and runong 

the following unders.igned parties: 

The Plaintiff Federal Deposit Insurance Corporation as Receiver for Peoples First 

Comm.unity Bnnk, Panama City; Florida («FDIC-R")~ and Greg M. Biudnickl, Joseph F. 

Chnp.tnnn, III, Harry Clayton Futrell, Philip W. Griffitts1 Joim Robert Middlemas, Rodney C. 

Morris, Raymond E. Powell, and John Stephen WHson (coLlectively the "Settling Defenda.+Jts',), 

(individually, the FDIC-R, the Settling Defendants muy be refetTOO to herein as "Party" and 

collectively as the "Parties'} 

IlliCITALS 

WHERJ3AS: 

Prior to December 18, 2009, Peoples First Cornmunity Bank> Panama City, Florida 

("Bankn) was a depository institution organized 1:1nd existing under the laws of the United States; 

On D:e.cemher 18) 2009, the Office ofThrift Supervision ("OTSl>) closed the Bank and 

pursuant to 12 U.S. C. § l &21{c), the Federol Deposit Insurance Corporation WM appointed 

Receiver. In accordance with 12 U.S. C. § 1821 (d), th~ FDIC-R succeeded to all dgbts, titles, 

powers and privileges of the Ban.?() including those vlith t·espect to its assets. 

Among the assets ro which the FDfC-R succeeded were aH of the Bank's claims. 

demands, and causes of action against its former directors, officers, and employees arising frcm 

the performance, nonperformance, and manner of pm:forrrumce of their respective functions., 

duties and acts as directors, officers, and employees of the Bank; 

On December 17,2012, the .FDlC-R filed a co.rt1plaint for money damages against the 

Settling Defendants, each of whom served at various times as a director and/or cf:ticer of the 

.Bank. Those claims for damages are nov; pending iJl the Unhed States Djstrict Court f<)r the 

Northcm District of Florida in l<"DJC-R Peoples First Community Bank v. Brudnicki, et al., Case 

No. 5:12-cv~00398-RSflGRJ (''D&O Action"). The Settling Defendants have denied any and all 

allegations of negtigcncc, gross negligence, or liability in the D&O Action. 
'T'he Bank's insurer (''Insurer") issued a director and oHicer liability policy fox the period 

July 15, 2007~ to July 15,2010 ("Po.Hcy"), that 1nsured the directors and officers ofthe Bank 

according to the terms, provisions, and conditions of the Policy. The Settling Defendants 

asserted claims for coverage underthe Policy. Insurer has reserved its rights to deny coverage 

under the Policy for claims asserted by FDJC-R against the Settlh1g Defendants. 

The ·undersigned Parties ack..!)owl.edge this is a settlement of disputed cl.::ims and defenses 

and deem it in their best interests to enter into this Agreement to avoid the uncertainty and 

expense of further litigation. 

NOW> THEREFORE, in consideration of the promises) undettakings, payments~ and 

releases stated herein} the sufficiency of which consideration is he1-eby acknowledged, !:he 

undersigned P~rtics agt'ee, each v,-ith the other, as fo!Jows: 

SECTION I: Paymeut to FDIC~R 

A. As an essential covenant and condition to this Agreement. on or before thirty (30) 

calendar days following Aptil 14i 20 J 4, the Settling Defcndm1ts and Insurert jointly and 

severally, agree to pay the FDIC~R the ,~1m of Four Million Five .Hundred Thousand nnd 001100 

Dollars ($4,500~000.00) ("the Settlement Payment'~. 

B. Tne Settling Defendants sh~H deliver the Settlement Payment to the FDIC~R by 

direct -wire tratt~fer 1nto an account designated by FDIC·R by notice to the attorneys fo1· the 

Settling Defendants and Insurer. 

C. Jf the FDIC-R doe.s not receive the Settlement Payment in. full on or before the 

date determined by subseciion A above, t.~en the FD1C¥R, in its sole disctction, shall have the 

right at any time rn1or to receipt of the Settlement Payment in full (including all accrued inte!'est) 

to: 

1. Extend the p.edod of time for the Settlement P~yment, including interest 

accr~,ting from the date detcnnincd by subsection A above, through the date of pnyment at a rate 

caJculated .in accordance with: 26 U.S.C. § 6621 (a)(3.); or 

2. Enfotce this AgL·ecme.nt, in which event ihe Settling Defendants and 

2 
Insurer agre.e to jurisdiction in Unite-d St-.ttes District Court in Florida and to pay rul of the FDIC~ 

R's reasotlllble attorney's fees and cost.<> expended in enforcing the terms of this Agreement~ or 

3. Terminate the Agreement, move to vacate any dismissal order, to which 

the Settling Defendants and Insurer ~gree to consent, and I'ewinstitute an action on the FDIC-R's 

claims. The Settling Defendants and In~urer further agree to waive any defense based. on any 

statute of limitations that vlould bar a.ny of the FDIC-R' s claims and waive all ot:tjectim1s, 

defenses, claims or counterclaims, 'lnd covenant and agree not to asse1t a."'ly objections, defenses, 

claims or counterclaims that did not exist or w~re otherwise unavailable as of the date this 

Agre.einent was fully executed; t'lndlor 

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

Any extension of time under Section l.CJ for delivery of the Settlement Payment or 

acc.eptance of a portl.on of the SeitlementJ>ayment shall not prejudice the FD!C·R~ s rights to take 

any of the actions set forth in Section l.C.2 t.h.:uugh I.C.4 at nny time prior to receipt of 

Settleme1i.tPayment (including all accrued interest) in full. 

SECTION H: Stiptdatiou nnd Dis:m.issal 

Within ten business days after the lattet of (1) fuH execution of this Agreement by all of 

the Parties~ and (2) :receipt of the Settlement Payment, plus any accrued interest~ the FDIC-R 

shall file a stipulation of dismissal with prejudice, execuied by the attorneys fox aH Parties 

hereto, in the form attached heteto as Exhibit A, itl the D&O Action. 

SECriON III: Releases 

A. Tlw fDIC~R'~.Relooses. 

Upon receipt of the Settlement Payment in :full and except a.q provided in Section JJLC.;. 

the FDlC-R~ for itself and its successors and assig.t'is) hereby releaa~ and discharges: 

L Tbe Settling Defendants and their respective heirs; executors, trustees) 

administrators} representatives, insurers, successors} and assigns, from any and aU claims, 

demands~ obligations, damages~ actions, and causes of.aotion, direct ot indirect. in law or in 

equity, belonging to the FDIC-R~ thflt arise from or relate to, the performance, nonperfomumce~ 

3 
or mmmer of performance of the Settling Defendants' respective functions, duti~ and actions as 

ofticers and/or direciors ofthe Bank including without limitation the claims aHeged, or that 

could have been alleged~ in the D&O Action. 

2. Insure!\ its parentst subsidiaries~ affiHates and reinsurers, and their 

respective employees~ office1;s. directors, agents, representativesi successors and assigns, from 

any and all claims, demands, obligations, datnages, actions and causes of action, direct or 

indirect, in law ot in equity, that arise from or relate to the Policy. As part of this release of the 

Insurer, the FDIC-R agrees that any interest it may have under the PoHcy is exttnguished. 

B. The Settling Defenda:-rts! Release, 

Effective simultaneously with the release granted in Section HI. A. above, the Settling 

Defendants, on behalf ofthem~elves individually, .and their respective heirs, executors~ trustees, 

administrators~ agents, :repteseiltatives! attorneys, insurers. successors~ and assigns~ bel'eby 

release and discharge the FDIC-R, and its employees. officers, directors, representatives, 

attorneys, successors and assigns, from any r.nd all claims, demands, obligutions, damages~ 

actions, and causes of action, direct or .indirect, in law or in equity, that arise from or relate to, 

the Bank or to the performance, nonpc.rfot.ttltUlCC, or manner of pet•forrnancc of the Settling 

Defendant~· respective functions, duties and actions .as officers and/or directors of the. Bank 

including without limitation the claims alieged, or that could have been alleg~d. in the D&O 

Action. 

C. Exceptions from Releas_es bv FDIC-R. 

1. Notwithstanding any ot.1cr provision of this Agreement, the FDIC-R does 

not release, and expressly presttves fully and to the srune extent as if t11is Agreemeni had not 

been. exec~ted, any claims or causes of action: 

a. Against the Settling Defendants or any other person or entity for 

liability, jf any, incurred as the maker} endorser or gnarantor of any promissory note or 

indebtedness payable or owed by them to FDICMR} the Bank} other flmmcia1 institutions, or any 

ofh~r person or entity, lnclvding without limitation any such claims acquired by FDIC-R as 

4 
successor in interest to the Bank or any person or entity other than Bank; and 

b. Against any person or entity not expressly released by the FDIC~R 

in this Agreement; and 

c. Agi-linst <my person tW entity ruising under, excluded from. or 

relating to the settlement agreement daiedNovember 15,2013. by and betweenFDIC·Rand 

Peoples Fitst Properties, Inc. ("PFP'!) (the "Tax Refund Settlement Agreement':). 

2. Notwithstanding any other provisiun ofthis Agret.ment, nothing in this 

Agreement shaH be constmed or interpreted as limitingj waiving; releasing, or compromising the 

jutisd1ction and authority of the Federal Deposit Insurance Corpo1'ation in the exercise of its 

supervisory or regulatory authority or to diminish its ability to instiiute administrative 

enforcement or other proceedings seeking removal} prcl1ibition, or Wly other relief it is 

authorized to seck pursuant to its supervisory or r-egulatory authority against any person. 

3. Notwithstanding any other provision ofthis Agreement, this Agreement 

does not purport to waive, or intend to waive, any claims that .could be brought by the United 

States through the Department of Justice, the United States Attorney's Office for any federal 

judicial district; or auy ot.;er department or agency ofihe United States as defined by 18 U.S.C. § 

6. In addition) the FDIC-R specifically reserves the right to seek courtwordered restitution 

pursuant to the rel~vant provisions of the Mandatory Victims Restitution Act. 18 1J .S.C. §§ 3322 

and 3663 ~t m;t:.~ if appropriute. 

SECTION IV: Waiver of Dividends and Proceeds f.ro:m Litig~rion 

To the extent, if any, that Sett1ing Defendants are or were shareholders of the Bank cr its 

holding company and by virtue thereof are or may be entitled to a dividend, payment, or other 

distributi9n upon resolution ofthe receivership ofthe Bank or proceeds in any litigation that has 

been or could be brought against tbc Federnl Deposit lllSurance Corporation in any capacity or 

agahist the United States base.d on ot arising out of, in whole or in pal'tl the closing of the Bank, 

or any alleged acts or omiss:kms by the fede.tal Deposit Insurance Co.rporation in any capacity, 

rhe United States govemment, or any agency OJ' depadment of the United States government in 
connection with the Bank, its con..~rvatol'ship~ ot receivetshlp, Settling Defendants hereby 

knowingly assign to the FDIC-R any and all rights: titles, and. interest in and to any and all such 

dividends, payments, or other distributions, or proceeds; except that the assignment to FDIC-R 

provided jn this paragraph shall not appiy to any dividend, payment~ o:r other distdbution to any 

Scttling Defendant from the Bank or its holding company, PFP, or any affiliate, of any amounts 

received by PFP under the Tax Refund Sett}eme.ntAgre~ment, 

SECTION V: Representations and Ackn6w1edgements 

A. Authorized Signatories. All of the undersigned persons repre~nt and warrant that 

they are Parties hereto or nte authorized to sign this Agreement on behalf of the respective Party, 

and that they have the fUll pov,-er 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 

undersign.ed Parties atld their respective heirs, executors, trustees} administr'«tors, representatives, 

successors and assigns. 

B. Advice of CounseL Each Party hereby acknowledges that he, she, or it has 

consulted with and obtained the ad vic:.: of c.ounsel prior to executing this Agreement,. and that 

this Agreement has been explalned to that Party by his or her cotmscl. 

C. Einandal Disclgsure Representation,. Each Settling Defendant has submitted 

financial information to the FDIC-R including swom Persoru:~l Financial Statctnents provided to 

FDIC~R on various dates in March and April2014, and herein affirms that his fimmcial 

information was true and accurate as of the date of submission! and f.Jrther affirms that there has 

been no materiru change sit"lce the date of submission, to the date of this agreement. Each 

Settling Detendant exp.ressiy acknowledges that, in determining to settle tho claims released 

herein, the FDlC·R has reasonably and j\.lStifiably relied \lpon the accuracy of the financial 

information submitted by the Settling Defend~mts. The FDIC-R has no obligation to 

independently verify the completeness 01~ accuracy of that :financial infom1ation. If the FDlC·R 

establishes via a final adjudication in an appropriate judicial fomm that a Settling Defendant 

faHed to disclose any material interest} legal, equitable, or beneficial) in any asset, that Setti1ng 

6 
Defendant agrees to cooperate fully with the FDICNR to provide updated fin~ncial information 

and to pay to the FDIC-R the .lesser of (1) the value of the Settling Defendant's undisclosed 

material interest in SJ.lch asset(s); or (2) the amount of unpaid damages alleged against that 

Settling De:tendant 

SECTION VI: Re.as:unabJe Cooperatlo11 

A. The Parties agree to cooperate in good faith to enectuate all the te.rrns and 

condHions of this Agreement} including doing, or causing their agents and attorneys to do, 

whatever is reasonably necessary to effectuate the signin& delivery~ exe.cution, filing, recording} 

and entry~ ofany documents necessary to conclude the D&O Action> and to otherwise pe1fotm 

the terms of this Agreement. 

B. The S~ttting Defendants agroo to coopemte fully with the FDIC~R in OOimection 

wiih any action req~ired under this Agreement. Such cooperation shall consist of: 

1. Producing all documents 1'equested by the FDIC-R, without the necessity 

of subpoena, as detmmined by the FDIC-R., in its sole discretion, to be relevant to the Bank; 

2. Appearing as requested by the FDIC~R at reasonable times and places fer 

interviews regarding facts., as determined by the FDJC-R in its sole discretion, to be relevant to 

the Bank; 

3. Testifying as l'eque8ted by the FDIC~R. without the necessity of a 

subpoena, in any matter relevant to the Ban.lc, as determined by the FDIC-R; 

4, Signing truthful affidavits~ regarding any matter, as dcterm.ined by the 

FDIC>R in {ts sole disctetio:nj to be relevant to the Bank. 

SECTION VII: Other MatteJ'S 

A. No Admi~.iQ..n of Liability. Tne under:sig.."led P~mies e.acb. acknowledge and agree 

that the matters set forL!-t in this Agreement consHtute the settlement and comptomise of disputed 

claims and defenses~ that this Agreement is not an admission or evidence of liabHity or infinnity 

by any of them regarding any claim or defense. and that the Agreement shaH r.ot be offered or 

received in evidence by or against any Party except to enforce its terms. 

7 
(b)(6) .... 

(b)(6) 

(b)(6) .. 

B. Execution in,..Count~~- This Agreement may be executed in counierpru:ts by 

one or mme oflhe Parties and ~11 :such co\mterparts when so executed shall together constitute 

the final Agreement) as if one document had been signed by aH Parties; and each such 

counterpart, upon execution and delivery, shall be deemed a complete original, binding the 

Part.ies subscribed thereto upon the execution by all P!rrties to this Agreement. 

C. Qrwioe of Law. This Agrooment 5hall be interpreted, construed a.nd enforced 

according to applicable fug.erallaw. or in its absence, the laws of the State of Florida. 

D. N@ce§.. Any notices required hereunder shall be sent by registered mail, first 

class, retum receipt requested, and by <:unail} to the following: 

If to the FDIC~R: Barbara Stott Pegg, Counsef 

Federal Deposit Instn'ance Corpotation 

3501 N. Fairfax Dr. B7062 

Arlington, VA 22226 

H OHH·lH· I 

Telephone: (703) 516-5273 

Ifto the Setding Def-endants: Charles Wachter 

Ho1land & Knight, LLP 

100 N. Tamp~ St., Suite 41 bO 

Tampa, Florida 33602-3644 

•••••••••••••••••••••m•m •••••••••••••••••••••m•m ••• I 

~T:""'!el-ep"'T,h-o-ne-:~(8:o:"":l~3o:-) 2~2'007:-:-8~5~0~0 ____. 

If to Insurer; R. Stacy Lane 

Bailey Cavalieri LLC 

lOWest Broad Street, Suire 2100 

ColumblJ!!, OH 43215-3422 

•••••••••••"""~m•""" 

Telephone: (614) 229M3203 

E. Entire Agreement and Amendments. This Ag:reeme.11t constitutes the entire 

agt·eement and uade:~-sumding between and among "the undersigned .P~1t.ies COJ1ceming the matters 

set forth he.rei£1 and supersedes any prior agreements or understandings. This Agreement may 

not be amended or modified, nor may any of its provisions be ·waived, except iu ~ri:ting signed 

by the Parties botmd thereby, or by their respective authorized attorney(s), or other 
representative( s). 

. . 

F. Titles and Captions. All secliou titlt::s and capti.ons contained in this Agrecr.n.ent . . . 

are tbr oonvct1i.enc.e .only and shtul not affect the interpretation ofthis Agreement, 

G. No C,onfidentiaHty. The undersigned Parties aqk:nowledge th~t this Agreement 

shall not be confidential and wm he disClosed pursuant to the f<ede:tal Deposit Imrurn..hce 

Corporation's a:pplicahle policies, procedures> and nther legal requirements. 

IN WITNESS WHEREOF, the PartieS hereto have caused this Agt~ement to be exe~uted 

. . . . · .. 

by each ofthem. or their duly authori:r..ed representatives oli the dates hereinafter subscribed. 

FEDERAL D.EPOSff lNSURANCE COR.POR.-\TION AS 

.RECEIVER FO~ PEOPLES FIRSt COMMuNiTY . BANK, PANA A GT~ rLORIDA: 

..................................... ..:.-'•························································ 

By~ -··-------- TITLE: Co¢w;J~ T,egal Div;~on .. · · . · • . t1J: ') 

PRINT NAMJ;:: 1L"'.ia1±J.t..tt---

PRJNT NAME: · · . • • ·---------'"----···:-·------·--------------··---~·--

BY: . . . 

As Atto~;ey:;~Fact with ii;;,'eiof Attorney 

o:ubehulfofJosephF. Chaptriat11 Il1. . 

PRINT NAME: --··--··-- _ 

Date:------~-~- Harry Clayton Futrell 

TITLE:--··--·---·---·····-·-····-·····----··---··--·--··------

PRJNT N.L\ME: 

9 

.. · .. ... I 

·. i 

. ·j 

j 

I 

I . I 

I 

I 

! 

I 

~ 

l. 

l 

I I' 

I 

I 

l 

I 

I 
(b)(6) 

representative( s), 

F. Titles and Captions, All section titles and captions contained in this Agreement 

are for convenience only and shall not affect the interpretation of this AgL·eement. 

G. No Ccnt1dentiality, The tmdersigned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable poHcies, procedures, and other legal requirements. 

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

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

q.·/,IJ···fiA.iJI Date:~ ·' f 

Daie: ----

Date: __ 

SETTLING DEFENDANTS: 

BY=----~----.~~~--------­ Greg M. Brudnicki 

TITLE:-----------

BY: 

flany Clayton Futrell 

TITLE:---------·---

PRlNTNAME: --------:---

9 
Apr' l 1 1 4 05: 21 p Harr~ C. ~ Patrici~ R. F 850-7695575 p. 10 

representative(s). 

F. Titles ~~· All section titles and captions contained in this Agreement 

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

0. No Confidt>.ntialitv. The unders-igned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable policies, proceduress and other legal requi:remen1s. 

TN WITNESS WHEREOF) the Parties hereto have caused this Agreement to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

FEDERAL DEPOSIT 1NSURANCE CORPORATION AS 

RECENER FOR PEOPLES FlRST COMNrtJNITY 

BANK, .P AN.Aiy{A Cl'f\; FLORIDA: 

(b)(6) Dote!~....................................................... ~,~:;:l.~~~,ao:~on·;· L 

PRINTNAME: -~ -~£12t+ ~ 

Date: __ _ 

Date: ___ _ 

(b)(6) 

SETTLING DEFENDANTS: 

BY: 

Greg M. Brudnicki 

TITLE: 

PRINT NM1E: ---------- BY: _______________________ _ 

As Attorney-in-Fact with Power of Attorney 

on behalf of Joseph F. Chapman, IIl 

TITLE:--------·---~ 

PRJNT NAME; ----·~-----.-

.) 
Date: __ _ 

Date: ··-·---

Date: ___ _ 

Date:_···---

TITLE: 

PRINTN~~\1E: ----

BY:----.--~~ John Robert Middlemas 

TITLE:__;_ ___ _ 

p~~TNAMB: ___________ __ 

BY:----:::--:-:--:-----:----

Rodney C. Morris 

TITLE: ___ ~·-------------------

PRlNTNAME: -~--~-~~-

BY: ~--- 11 ·--Ravmond E. Po we 

' 

TITIE: ______ ~------------

PR.i"NT NAME: -·----------

BY:-----:---:~--:;:;:----­ Jolm Stephen Wilson, II 

TlTLE: __________ ~-

PRINT NAME:----·--·--~-------·····---··---

10 
(b)(6) 

Date: ·---------

Date: 

BY· - · .. · . , -- Rodney C, Moms 

TITLE:_~---~­

PRINTNAME: ---

TITLE:~----------~·-·~-~...:. .. _ ... 

PRINT NAME:~----·-:-~-

---------

BY: ·-:--·i::::·'-s'fe~~iieh Wilso~; n~"-'------------ o.,ti .. . .I:' . . . ,. .. . . . . 

. tn1Ji: ___________________ · -~--_, ___ ..;,___':'_ --·. __ . --~-

PJ:UNTNAME: --~--· 

10 

. . ·.: 

..... ... . . . . :. . . . . : . . . . :. . . .' . . .. :· . :·· : .' ~· ·: . : , ... : . ·.: . :· . '.:: .. .. : ···.: 

.. ·:·:.·.:· .. 

·. . . 

.·. . 

. ··,·.· 

· ..... 

.:·. 
Date: _ _ _ 

Date:.~--

(b)(6) m o O OOOOOOOOOOOOOOOOOOooOOOOOOOOOOOOOOoOOOOOOooOOOOOOOOOOOOOOOOOOOOOOooooooo 

Date:ij .... ta-2.ott.f 

Date: _~ 

Date: _ _.,..._ 

B~--~-=~ .Phllip W. Chi~~---------­ .ffitts 

TITLE: __________________ _ 

PRINT NAME:. 

BY: --:-:"""""--:-;i"Tfr::==--- Jobn Robert Middltml&S 

1TfLE: __________ _ 

p~~NI··· ::__ I B~_j_L_ __ ~~r--------------­ Rodney C. Mo'itJs 

BY: ______ ~~=u--------- Ray.mcmd E. Powell 

TITLE: ______ ,_.. __ ~ 

P&"'NTNAME: _______ ~ 

BY·------~~~~------- . John Stephen Wilson, .II 

'J1TLB~ 

ProNTNM~: ______________ __ 

10 
Date: __ _ BY:--------------~~----- Philip W. Griffitts 

TITLE: ---------------------- P.RINTNAME: ________ _ 

Date _~~ BY: ---- John ---- Robert -------- Mi<ldlcmtas ------ TITLE:. __________ _ 

PRlNTNAME: ----------

Date: __ _ BY; ---------- Rodney c. Morr.is ~----------

TITLE: __________ _ 

PRINT NAME:-------------

(b)(6)_ ______ _ 

Date: 1 ( 1-o /1 <-f ~;,]~ ···············-- ~_____.L Raymdlid E. Povnll 

mLE: __ ~--------

PR.INTNAME: £fl!fnQ""9 'f!~ t- . 

Date: __ _ BY: __ 

John Stephen Wilson, U 

TITLE: ---------------------- PruNT NAME: ------~---------

10 
(b/{~~ 10 l4ll:4Sa I·········································································· 8507957308 r. J 1 

Date:_~ BY: ______________________ __ 

Philip W. Griffitts 

TTI'LE: 

PRINT NAME: 

Date; --- BY: _______________________ __ 

John Robert Middlemas 

TITLE: ____________ _ 

PRINT NAME: --------

Date; __ _ BY: __________ ~------~------

Rodney C. Morris 

TITLE: ___________ _ 

PRINT NAME:---------

Dute: -- BY: ------------~---------- Raymond E. Powell 

TITLE; ____ _ 

PRINT NAME: 

(b)(6) 

10 
lJNlTED STATES DISTRICT COURT 

NORTHERN DlSTIUCT O.F FLORIDA 

PANAMA CITY DIVISION 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, as Receiver for 

Peeples First Community Bank, 

Plaintiff, 

VS. 

GREG M. BRUDNICKI, 

iOSEPH F. CHAPMAN} III, 

HARRY CLAYTON FUTRELL, 

PHILIP W. GJUFFITTS, 

JOHN ROBERTMIDDLEMAS, 

RODNEY C. MORRIS, 

RAYMOND E. POWELL) rn1d 

JOHN STEPHEN WILSON, II~ 

Defendants. 

--·-·---~-~------

CASENO .. ; 5:12·CV~00398~RS-GRJ 

I 

STIPlJLATION OF DlSMISSAL ~1TH PREJUDICE 

Pursuant to Federal Rule of Civil Proccdme 41 (a)(l)(A)(ii), rr IS HEREBY STIPULATED 

AND AGREED hy and between .PlaintiffFedenil Deposit Insurance Corporation, as Receiver fur 

Peoples First Community Bank, Panama City) F.lorida, &ld Defendants Greg M. Brudnicki, Joseph F. 

Chapman, III, Harry Clayton Futl'eH} Philip W. Grlftitl"..s, John Robert Middlemas, Rodney C. Morris. 

Raymcnd E. Powell, and John Stephen Wilson, IT, that the above-captioned action is het-eby 

dismissed with prejudic~. 

IT JS FURTHER STIPULATED A'\fD AGREED that the parties shaH bear their ow11 

EXHIBIT A. 
attorney's fees: costs, and expenses incurred in this .action. 

Dnted: April_, 2014 

Respectfully submitted> 

lsi :losxnh G. Galardi. 

Joseph G. Galardi 

Florida Bar No. 180572 

(b)(6t ... ,,, ......... J ,................ .... .... ... J, 

BEASEL Y HAUSER KRA.MER 

& GALARDI> P.A. 

505 South Flagler Drive~ Suite 1500 

West Palm Beach, FJorjda 33401 

Telephone: (561) 835~0900 

Facsimile: (561) 835~0939 

Attorneys for Plaintiff 

Is/Charles Wachter 

Chnrles \Vachter 

Florida Bar No. 509418 

l" I 

HOLLAND & KNIGHT, LLP 

lOON. Tampa St., Suite 4100 

Ta.mpa1 Flotida 33602-3644 

Telephone: (81.3) 227-8500 

Facsimile: (813) 229-0134 

Attonu!ys for Defendants 

CERTIFICATE OF FILING AND SERVICE 

I HEREBY CERTIFY that on this .. ~ day of April) 2014, this document was 

electronically flied with the Clerk of this Court by usjng th~ CMIECF system, which will serve a 

copy on aH counsel of record. 

s1 Jos~rih G. Galardi 

Joseph G. Galardi 

2