SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement ("Agreement") is made by, between, and among 

the following undersigned parties: 

The Plaintiff Federal Deposit Insurance Corporation as Receiver for Oglethorpe Bank 

("FDIC-R"), and Diane C. Bailey, Lee A. Carmical, Ernest M. Champion, M. Frank DeLoach, 

III, Gwendolyn R. O'Connor, Ronald E. Peny, Eric C. Segerberg, John Bradley Stroud, Robert 

Strange, lll, and John Charles Welch (collectively, the "Settling Individuals") (individuaJJy, the 

FDIC-R and the Settling Individuals may be referred to herein as "Party" and collectively as the 

"Parties"). 

RECITALS 

WHEREAS: 

Prior to January 14, 2011, Oglethorpe Bank ("Bank") was a depository institution 

organized and existing under the laws of Georgia. 

On January 14, 2011, the Georgia Department of Banking and Finance closed the Bank 

and pursuant to 12 U.S. C. § 1821 (c), the Federal Deposit Insurance Corporation was appointed 

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

powers and privileges of the Bank, including those with respect to its assets. 

Among the assets to which the FDIC-R succeeded were all of the Bank's claims, 

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

the performance, nonperformance, and manner of performance of their respective functions, 

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

On January 9, 2014, the FDIC-R filed a complaint for money damages against the 

Settling Individuals, each of whom served at various times as a director and/or officer of the 

13451745vll 22461-0037 
Bank. Those claims for damages are now pending in the United States District Court for the 

Southern District of Georgia (the "District Court''), Brunswick Division in Federal Deposit 

Insurance Corporation, as Receiver for Oglethorpe Bank v. Laura Cross-McKinley, eta/., Case 

number 2:14~cv-00002-LGW-JEG ("D&O Action"). The Settling Individuals have denied 

liability in the D&O Action; 

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

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

unders.igned Parties agree, each with the other, as follows: 

SECTION 1: Payment to FDJC-R 

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

(14) calendar days after all parties have executed this Agreement and exchanged a fully executed 

copy of this Agreement with each other, the FDIC-R provides wire transfer instructions to the 

attorneys for the Settling Individuals, and the District Court grants the Parties' Joint Motion to 

Dismiss the D&O Action in its entirety with prejudice and without any opposition or objection 

filed or asserted in response thereto (whichever occurs last), the Settling Individuals will pay or 

have paid on their behalf to the FDIC-R the sum of$3,050,000.00 ("the Settlement Payment"). 

B. The Settlement Payment to the FDIC-R shall be made by direct wire transfer into 

an account designated by FDrC-R by notice to the attorneys for t~e Settling Individuals. Jn the 

event that the Settlement Payment is not delivered to the FDIC-R (or its counsel) pursuant to 

Section I.A. of this Agreement, interest shall accrue on all unpaid amounts at the rate of 5% per 

annum from the date delivery of the Settlement Payment was due under Section LA. until the 

date of payment. 

C. If the FDIC~R does not receive the Settlement Payment !n full on or before the 

date detennined by subsection A above, then the FDIC-R, in its sole discretion, shall have the 

2 
right at any time prior to receipt of the Settlement Payment in full (including all accrued interest) 

to: 

1. Extend the period of time for the Settlement Payment, including interest 

accruing· from the date determined by subsection A above, through the date of payment at a rate 

calculated in accordance with 26 U.S.C. § 662l(a)(2); or 

2. Enforce this Agreement, in which event the Settling Individuals agree to 

jurisdiction in United States District Court in Georgia and to pay all of the FDIC~R's reasonable 

attorney's fees and costs expended in enforcing the terms of this Agreement; or 

3. _ Terminate the Agreement, return any Settlement Payments that were made 

(incJuding any interest paid), move to vacate any dismissal order, to which the Settling 

Individuals agree to consent, and re-jnstitute an action on the FDIC-R's claims. The Settling 

Individuals further agree to waive any defense based on any statute of limitations that would bar 

any of the FDIC-R's claims and waive all objections, defenses, claims or counterclaims that did 

not exist or were otherwise unavailable as of the date this Agreement was fully executed, and 

covenant and agree not to assert any objections, defenses, claims or counterclaims that did not 

exist or were otherwise unavailable as ofthe date this Agreement was fully executed; and/m· 

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

Any extension of time under Section I.C.J for delivery· of the Settlement Payment or 

acceptance of a portion of the Settlement Payment shall not prejudice the FDIC-R's rights to take 

any of the actions set forth in Section I.C.2 through I.C.4 at any time prior to receipt of 

Settlement Payment (including all accrued interest) in fulL 

SECTION II: Dismissal 

Within ten (10) business days after full execution ofthis Agreement by all ofthe Parties, 

the Parties shall file a Joint Motion to Dismiss the D&O Action in its entirety with prejudice as 

3 
to all Defendants with a dismissal order (hereinafter, the "Dismissal Order") in the form attached 

hereto as Exhibit A. If any opposition is filed or any objection asserted in response to the 

Parties' Joint Motion to Dismiss the D&O Action in its entirety with prejudice or if the District 

Court does not grant the Motion in its entirety, this Agreement shall terminate unless the Parties 

agree otherwise in writing. In the event of termination, the Parties shall retain all rights and 

defenses they had before entering into this Agreement. 

SECTION III: Releases 

A. Tbe FDIC-R's Releases. 

Upon receipt of the Settlement Payment in full and except as provided in Section JII.C., 

the FDIC-R, for itself and its successors and assigns, hereby releases and discharges the Settling 

Individuals and their respective heirs, executors, trustees, administrators, representatives, 

insurers, successors, and assigns, from any and all claims, demands, obligations, damages, 

actions, and causes of action, direct or indirect, in law or in equity, belonging to the FDJC-R, that 

arise from or relate to, the performance, nonperformance, or manner of performance of the 

Settling Individuals' respective functions, duties and actions as officers and/or directors of the 

Bank including without limitation the causes of action alleged in the D&O Action. 

B. ·The Settling Individuals' Releases. 

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

Individuals, on behalf of themselves individually, and their respective heirs, executors, trustees, 

administrators, agents, representatives, attorneys, insurers, successors, and assigns, hereby 

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

attorneys, successors and assigns, from any and all claims, demands, obligations, 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, nonperformance, or manner of performance of the Settling 

4 
Individuals' respective functions, duties and actions as officers and/or directors of the Bank 

including without limitation the causes of action alleged in the D&O Action. 

C. Exceptions from Releases by FDIC-R. 

l. Notwithstanding any other provision of this Agreement, 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 of action: 

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

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

indebtedness payable or owed by them to FDIC-R, the Bank, other financial institutions, or any 

other person or entity, including without limitation any such claims acquired by FDIC-R as 

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. 

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

Agreement shall be construed or interpreted as limiting, waiving, releasing, or compromising the 

jurisdiction and authority of the Federal Deposit Insurance Corporation in the exercise of its 

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

enforcement ot· other proceedings seeking removal, prohibition, or any other relief it is 

authorized to seek pursuant to its supervisory or regulatory authority against any person. 

3. Notwithstanding any other provision of this 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 any other department or agency of the United States as defined by 

18 U.S.C. § 6. In addition, the FDIC-R specifically reserves the right to seek court-ordered 

5 
restitution pursuant to the relevant provisions of the Mandatory Victims Restitution Act, 18 · 

U.S.C. §§ 3322 and 3663 ~. lli}., if appropriate. 

SECTION IV: Waiver of Dividends and Proceeds from Litigation 

To the extent, if any, that Settling Individuals are or were shareholders of the Bank and 

by virtue thereof are or may be entitled to a dividend, payment, or other distribution upon 

resolution of the receivership of the Bank or proceeds in any litigation that has been or could be 

brought against the Federal Deposit Insurance Cqrporation in any capacity or against the United 

States based on or arising out of, jn whole or in part, the closing of the Bank, or any alleged acts 

or omissions by the Federal Deposit Insurance Corporation in any capacity, the United States 

government, or any agency or department of the United States government in connection with 

the Bank, its conservatorship, or receivership, Settling Individuals 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. 

SECTION V: Representations and Acknowledgements 

A. Authorized Signatories. A II of the undersigned persons represent and warrant that 

they are Parties hereto or are 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 shall be binding upon and inure to the benefit of the 

undersigned Parties and their respective heirs, executors, trustees, administrators, representatives, 

successors and assigns. 

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

consulted with and obtained the advice of counsel prior to executing this Agreement, and that 

this Agreement has been explained to that Party by his or her counsel. 

6 
SECTION VI: Reasonable Cooperation 

The Parties agree to cooperate in good faith to effectuate all the terms and conditions of 

this Agreement, including doing, or causing their agents and attorneys to do, whatever is 

reasonably necessary to effectuate the signing, delivery, execution, filing, recording, and entry, 

of any documents necessary to conclude the D&O Action and to otherwise perform the terms of 

this Agreement. 

SECTION VII: 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, that this Agreement is not an admission or evidence of Jiability or infirmity 

by any of them regarding any claim or defense, and that the Agreement shall not be offered or 

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

expressly deny any liability in the D&O Action. 

B. Execution in Counterparts. This Agreement may be executed in counterparts by 

one or more of the Parties and all such counterparts when so executed shalt together constitute 

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

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

Parties subscribed thereto upo n the execution by all Parties to this Agreement. 

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

according to applicable federal law, or in its absence, the Jaws ofthe State of Georgia. 

D. Notices. Any notices required hereunder shall be sent by registered mail, first 

class, return receipt requested, and by email, to the following: 

7 
(b )(6 ) .................. 

If to the FDTC~R: Howard Klein, Counsel, Professional Liability Unit 

3501 Fa irfax Drive, Arlington, VA 22226 

..................................... -- ....... .(7o3)sl6 .. sos.9 .. f I 

And 

Chare~ B. Lee, Esq. 

Miller & Martin PLLC 

Suite 1200, 832 Georgia Avenue 

Chattanooga, ~ 37402 2289 

( 423) 785-82 I 4 ......... .................... .. .... j..... . .............................. .. 

If to Diane C. Bailey, Lee A. Carmical, Ernest M. Champion, Gwendolyn R. O'Connor, 

Ronald E. Perry, Eric C. Segerberg, John Bradley Stroud, and/or John Charles Welch: 

John K. Villa, Esq. 

Ryan T. Scarborough, Esq. 

Williams & Connolly LLP 

725 Twelfth Street NW 

Washington, DC 20005 

(202) 434-5000 

(b )(6t ...... ...................................................................... .............................................................................. L-1 - ..... _ ....... ___ __. 

If toM. Frank DeLoach, III and/or Robert Strange, III: 

(b)(6) ______ _ 

Barty Hovis, Esq. 

Musick, Peeler & Garrett LLP 

601 California Street, Suite 1250 

San Francisco, CA 94 I 08 

(4.15) 281-2021 

................. - ... -J ...... ...... .. _ ------1 

E. Entire Agreement and Amendments. This Agreement constitutes the entire 

agreement and understanding between and among the undersigned Pat1ies concerning the matters 

set fotth herein and supersedes any prior agreements or understandings. This Agreement may 

not be amended or modified, nor may any of its provisions be waived, except in writing signed 

by the Parties bound thereby, or by their respective authorized attorney(s), or other 

representative(s). 

8 
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 Agreement. 

G. No Confidentiality. The undersigned Parties acknowledge that this .Agreement 

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

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

###SIGNATURE PAGE FOLLOWS### 

9 
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. 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR OGLETH E BANK 

TJTLE: ., 

· PRINT NAME: ;fo ~ d 1-5 • jc/e_,, /l · 

(b )(

6 

) __ ----:0:-A--:T=E:-: 11 D- --=--.:..-:-. ~., .- ~,-=---- J..

DIANE C. BAILEY I 

DATE: ___ _ 

LEE A. CARMICAL 

DATE: ___ _ 

ERNEST M. CHAMPION 

DATE: ___ _ 

M. FRANK DELOACH, I1I 

DATE: ___ _ 

(r 

GWE.'NDOL YN R. O'CONNOR 

DATE: ___ _ 

RONALD E. PERRY 

DATE: ___ _ 

ERIC C. SEGERBERG. 

DATE: ___ _ 

JOl-IN BRADLEY STROUD 

DATE: ___ _ 

ROBERT STRANGE, III 

DATE: ___ _ 

JOHN CHARLES WELCH 

10 
(b)(6) 

(b)(6) 

rN WITNESS WHEREOF, the Pnrlies her~to hnvo caused this Agret:mcn l lo be executed 

by each of<hem or theit· duly authorized representatives on the dnt.:s hereinnner subscribed. 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ _ 

DATE: ___ _ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: _ _ _ _ 

DATE: _ _ _ _ 

DATE: _ _ _ _ 

DATE: _ _ _ _ 

PEDERAL DEPOSIT rNStJRANCE CORPORATION AS 

RECEIVER FOR OOI.ETHORPE BANK 

BY: ___________ ________ _____ _ 

TITLE: 

PRINT NAME: 

M.!=RANK DELOACH, Ill 

GWENDOLYN R. O'CONNOR 

RONALD E. PERRY 

ERIC C. SEOERBEIW 

JOHN BRADLEY STROUD 

ROBERT STRANG8, Ill 

JOHN CHARLES WELCH 

10 
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by each of them or their duly auth01ized representatives on the dates hereinafter subscribed. 

DATE: ___ _ 

DATE: ___ _ 

DATE: _ _ _ _ 

(b)(6) ............................................................. I ··············j···· r 

DATE: (uf;(0 2-> f"l) 

DATE: _ _ _ _ 

DATE: _ _ _ _ 

DATE: ___ _ 

DATE: _ _ _ _ 

DATE: _ _ _ _ 

DATE:--------

DATE: _ __ _ 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR OGLETHORPE BANK 

BY: ________________________________ _ 

TITLE: 

PRTNTNAME: 

DIANE C. BAILEY 

M. FRANK DELOACH, JIJ 

GWENDOLYN R. O'CONNOR 

RONALD E. PERRY 

ERIC C. SEGERBERG 

JOHN BRADLEY STROUD 

ROBERTSTRANGE, III 

JOHN CHARLES WELCH 

10 
IN Wll'NESS WHEREOP. tho Parties herato hav~caused Ibis Agreement to.be executed 

by e~~eh of them or thclr duly authorized representatives on the dates herefnafror subscribed. 

DATS: ___ _ 

DATB: ---- DATE: ___ _ 

DA'l'B! ___ _ 

DATB: ___ _ 

DATE: ___ _ 

OATS: ___ _ 

DATE: ___ _ 

DATB: ___ _ 

OATS: ___ _ 

1345174$vll 22461~37 

P'BDBRAL DEPOSIT JNSURANCB CORPORATION AS 

RBCSlVBR FOR OOLBTHORPB BANK 

BY~ 

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

PlUNTNAMS: 

DIANE C. BAILBY 

LSB A. CARMICAL 

RONALD B. PERRY 

!RIC C. SEOERIERO 

JOHNBRADLBYSTROUD 

ROBERT STRANOE. W 

JOHN CHARLES WBLCH 

10 
(b)(6) 

IN WITNESS WJ-J EREOF, the Pnrties bert:to have caused this Agreement to be executed 

by each of them or their du ly authorized representatives on the dates hereina fter subscribed. 

DATE: 

DATE: 

DATE: 

DATE: 

DATE: 

I t -= DATE: J~l~7)ii 

DATE: 

DATE: 

DATE: 

DATE: 

DATE: 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER fOR OGLETHORPE BANK 

BY: 

TITLE: 

PRINT NAME: 

DIANE C. BAILEY 

LEE A. CARMICA L 

ERNEST M. CHAMPION 

M. fRANK DELOACH, Ill 

I I 

GWEND<bLYN R. O'CONNOR 

RONALD E. PERRY 

ERIC C. SEGER BERG 

JOHN BRADLEY STROUD 

ROBERT STRANGE, lil 

JOHN CHA RLES WELCH 

10 
IN WlTNESS WHEREOF, the Parties hereto have caused this Agreement to be cxccutc:d 

by each of them or their duly authorized representat iv~s on the dates hereinafter subscribed. · 

DATE: ___ _ 

DATE: ___ _ 

DATE: 

DATE: ___ _ 

DATE:· __ .;___ 

DATE: __ _ 

DATI:: 

DATE:·--·---

DATE:---··---

OATE: 

FEDEKAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR OGLETHORPE BANK 

BY: ___ _ 

TITLE: 

PRJNTNAME: 

DIANE C. BAILEY 

LEE A. CARMI CAL 

ERNEST M. CHAMPION 

M. FRANK DELOACH, III 

-

GWENDOLYN R. O'CONNOR 

·······················~L- ....... -------'----

RONALD E. PERRY 

ERIC C. SEGERBERCi 

JOHN BRADLEY STROUD 

ROBI~RT STRANGE, Ill 

JOHN CHARLES WEI.CH 

10 
· 1N WlTNESS WHEREOF, the Pm·ties hereto have caused this Agreement to be 

executed hy each of them or their duly authorized representatives on the <.lates hereinatier 

subscribed. 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

DATE: ___ _ 

. FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR OGLETHORPE BANK 

BY: ______________________________ __ 

TITLE: 

PRINT NAME: 

DIANE C. BAILEY 

LEE A. CARMICAL 

ERNEST M. Cl-IAMPlON 

M, f-RANK DELOACH, IH 

GWENDOLYN R. O'CONNOR 

······················· 

ERIC C. SEGERBERG IL-----~=""" ...... (b)(§) 

JOHN BRADLEY STROUD 

ROBERT STRANGE, Ill 

11 
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by each ofthem or their duly authorized representatives on the dates hereino fter subscribed. 

DATE:~--

DATE: _ __ _ 

DATE: 

DATE: ___ _ 

DATE: ___ _ 

DATE: _ _ _ _ 

DATE: ___ _ 

DATE: ___ _ 

(b)(6) ___ ................................. 

DATE: !o 'l{;') 

DATE: ____ _ 

DATE: ___ _ 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR OGLETHORPE BANK 

BY: _____________________ ___ 

TITLE: 

PRINT NAME: 

DIANE C. BAiLEY 

LEE A. CARMICAL 

ERNEST M. CHAMPION 

M. FRANK DELOACH, TfT 

GWENDOLYN R. O'CONNOR 

RONALD E. PERRY 

ROBERT STRANGE, m 

JOHN CHARLES \VELCH 

!0 
(b)(6) 

IN WITNE~S WHI..mEOF, the Pnrth:s hcr~to hnve cnused this Agreemenl to be C};ccult:d 

by ~nch. of them or thdr duly uuthorized '~prcsentu lves on the dntes het•einnl\er subscribed, 

DATE: ___ _ 

DATE: ___ _ 

DATE: ----

DATE: ----

Dt\TE: ----

D1\TE: ___ _ 

DATE: ----

.DATE: ----

DATE: ----

DATE: ----

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER f-OR OGLBTHORPB BANK 

BY: ___________________ ___ 

TITLE: 

PRINT NAME: 

DIANE C. BAILeY 

LEE A. CARMICAL 

ERNEST M. CHAMPION 

M. PRANK DELOACH, Ill 

GWENDOLYN R. O'CONNOR 

RONALD E. PERRY 

ERIC C. SEGI!RBERG 

JOI·IN CI·IARLES WELCII 

10 
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 INSURANCE CORPORATION AS 

RECEIVER FOR OGLETHORPE BANK 
EXHIBIT A 

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF GEORGIA 

BRUNSWICK DIVISION 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, as Receiver for 

OGLETHORPE BANK, 

Plaintiff, 

v. 

) 

) 

) 

) 

) 

) 

) 

) 

LAURA CROSS-MCKINLEY, ) 

GWENDOLYN R. O'CONNOR, ROBERT ) 

STRANGE, Ill, ERNEST M. CHAMPION, ) 

M. FRANK DELOACH, III, RONALD E. ) 

PERRY, JOHN BRADLEY STROUD, JOHN ) 

CHARLES WELCH, DIANE C. BAILEY, ) 

LEE A. CARMICAL, and ERIC C. ) 

SEGERBERG ) 

Defendants. 

) 

) 

CIVIL ACTION FILE 

NO. 2:14-cv-00002 

JOINT MOTION FOR DISMISSAL WITH PREJUDICE 

Pursuant to Federal Rule of Civil Procedure 41 (a)(2), Plaintiff, the FDIC as Receiver of 

Oglethorpe Bank ("FDIC-Receiver") and Defendants Diane C. Bailey, Lee A. Carmical, Ernest 

M. Champion, M. Frank DeLoach, III, Gwendolyn R. O'Cormor, Ronald E. Perry, Eric C. 

Segerberg, John Bradley Stroud, Robert Strange, III, and John Charles Welch jointly move the 

Court for an order dismissing this entire action with prejudice, with each party to bear its own 

fees and costs. 

This joint motion for dismissal with prejudice, and the underlying settlement, are 

conditioned upon no objection being filed to this motion or the proposed order submitted 

simultaneously herewith. In the event that an objection is filed, this motion is withdrawn. 
Respectfully submitted this ___ day of ______ _ , 2015. 

· MILLER & MARTIN PLLC 

By:/s/CharJes B. Lee 

Charles B. Lee 

Michael P. Kohler 

Laura Ashby 

. . 

832 Georgia Avenue, Suite 1200 

Chattanooga,11N 37402-2289 

( 423) 756-6600 

(b)(6)--JI- ---

Attorneys for Plaintiff FDIC-Receiver 
WILLIAMS & CONNOLLY, LLP 

By:/s/James H. Wein~arten 

James H. Weingarten 

725 Twelfth Street, N. W. 

Washington, D.C. 20005 

(202) 434-5000 

(b)(6)••••••••••••••••••••••••l m I 

Attorney for Defendants Gwendolyn R. 0 'Conner, 

Ernest M Champion, Ronald E. Perry, 

John Bradley Stroud, John Charles Webb, 

Diane C. Bailey, Lee A. Carmical, 

and Eric C. Segerberg 

KING & SPALDING, LLP 

By:/s/Tracy Klin~ler 

Tracy Klingler 

1180 Peachtree Street, N.E. 

Atlanta, GA 30309-3521 

(404) 572-2804 

(b )(6 )__HH·H· l. ···································· I 

Attorney for Defendants Robert Strange, Ill, 

M Frank Deloach, III 

CERTIFICATE OF SERVICE 

I hereby certify that on the_ day of , 2015, a copy of the 

foregoing pleading was mailed via U.S. Mail, postage prepaid, to Laura CrossMcKinley at 102 Fox Run Drive, Brunswick, GA 31525. 

By: sf Charles B. Lee 
EXHIBIT A 

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF GEORGIA 

BRUNSWICK DIVISION 

FEDERAL DEPOSIT INSURANCE ) 

CORPORATION, as Receiver for ) 

OGLETHORPEBANK, ) 

) CIVIL ACTION FILE 

Plaintiff, ) NO. 2: I 4-cv-00002 

) 

v. ) 

) 

LAURA CROSS-MCKINLEY,. ) 

GWENDOLYN R. O'CONNOR, ROBERT ) 

STRANGE, III, ERNEST M. CHAMPION, ) 

M. FRANK DELOACH, III, RONALD E. ) 

PERRY, JOHN BRADLEY STROUD, JOHN ) 

CHARLES WELCH, DIANE C. BAILEY, ) 

LEE A. CARMICAL, and ERIC C. ) 

SEGERBERG ) 

) 

Defendants. ) 

ORDER OF DISMISSAL WITH PREJUDICE 

THIS CAUSE came before the Court upon the Joint Motiol.} for Dismissal with Prejudice 

(the "Motion"). No objection has been made to the Motion. The Court, having reviewed the 

Motion, and being otherwise fully advised in the premises, hereby 

ORDERS AND ADJUDGES that the Motion is Granted. This lawsuit, in its entirety, is 

hereby DISMISSED with prejudice with each party to bear its own fees and costs. 
DONE AND ORDERED in chamber in the Southern District of Georgia, this_ day of 

-------' 2015. 

Copies to All Counsel of Record 

LISA GODBEY WOOD, CIDEF JUDGE 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF GEORGIA 

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