SETTLEMENT AND RELEASE AQREEMENT 

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 Peninsula Bank 

("FDIC-R"), and Lenard Brown, Paul Collom, Estate of Joseph Dresner, Robert Granicz, Estate 

of Melvyn Katzen, Cado LoRi ceo, Estate of Simon P01tnoy, Luis Serentill, Richard Solano, and 

Jaime Tomer (collectively, the "Settling Defendants"), and Federal Insurance Company and 

Great American Insurance Company (collectively, the "Insurers"). The FDIC-R, the Settling 

Defendants, and the Insurers may be referred to herein as "Party" and collectively as the 

"Patties., 

RECITALS 

WHEREAS: 

Prior to June 25, 2010, Peninsula Bank ("Bank") was a depository institution organized 

and existing under the laws of Florida. 

On June 25, 2010, the Flo1ida Office of Financial Regulation closed the Bank and 

pursuant to 12 U,S.C. § 182l(c), the Federal Deposit InsurEmce Corporation was appointe.d 

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 actions against its fonner dil'ectors, officers, and employees arising from 

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

duties and acts as directors, officers, and/or employees ofthe Bank. 

On April 24, 2013, the FDIC-R filed its original complaint and on August 22, 2013 filed 

j 

.I 

I 
its first amended complaint for money damages against the Settling Defendants, each of whom 

served at various times as directors and/or officers ofthe Bank. Thos_e claims for damages are 

now pending in the United States District Comt for the Middle District of Florida in FDIC as 

Receiver for Peninsula Bank v. Portnoy, eta!., Case No. 8:13-cv-1124 T-27MAP (M.D. Fla.) 

e'D&O Action"). The Settling Defendants expressly deny liability in. the D&O Action. 

Federal Insurance Company issued a Forefront Portfolio For Conununity Banks policy 

(b)( 4 )_· --numbere ~ I and Great American Insurance Company issued an excess director and 

(b)( 4) officer -liability insurance peliey·numberedHl........... · · I C'Policies''), which insured the 

directors and officers of the Bank accordjng to the terms, provisions, nnd conditions of the 

Policies. The Settling Defendants have asse1ted claims for coverage under the Policies. The 

Insurers have reserved their rights to deny coverage under the Policies for claims asserted by the 

FDIC-R against tho Settling Defendants. 

The unders~gned Parties 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, undertakings,· payments, and 

releases stated herein, the sufficiency of which consideration is hel'eby acknowledged, the 

undersigned Parties agree, each with the other, as follows: 

SECTION 1: Payments to FDIC-R 

A. As an Qssential covenant and condition of this Agreement, the Insurers, on behalf 

of the Settling Defendants, collectively, agree to pay to the FDIC-R the sum of EIGHT 

MILLION TWO HUNDRED TIIOUSAND DOLLARS AND NO CENTS ($8,200,000.00) (the 

~·settlement Payment''). Federal Insurance Company agrees to pay THREE MILLION FIVE 

HUNDRED .THOUSAND DOLLARS AND NO CENTS ($3,500,000.00) and Great American 

2 
Insurance Coz;npany agrees to pay FOUR 1v:1ILLION SEVEN HUNDRED THOUSAND 

DOLLARS AND NO CENTS ($4,700,000.00). The Settlement Payment shall be made to the 

FDIC-R by no later than September 29,2015. 

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

an account designated by the FDIC-R by notice to the attorneys for the Settling Defendants and 

the Insurers. The FDIC-R shall provide all necessary payment instructions no later than five (5) 

business days after full execution of the Agreement. 

C. . If the FDIC-R does not receive the Settlement Payment in full on or before the 

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

right at any time prior to receipt of the Settlement Payment in full to: . 

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

from the date detetmined by subsection A above, through the date ofpayment at a rate calculated 

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

2. Enforce this Agreement, in which event the Settling Defendants and the Insurers 

who brought about such enforcement action agree to jurisdiction in United States District Court 

for the Middle Distl'ict of Florida and to pay all of the FDIC~R's reasonable attomey's fees and 

costs expended in enforcing the terms of this Agreement; or 

3. Terminate the Agreement as to any non-paying Settling Defendants and Insureis, 

move to vacate any dismissal order, to which the Settling Defendants and the Insurers agree to 

consent, and reinstitute an action on the FDIC-R's claims. The Settling Defendants and the 

Insurers further agree to waive any defense based on any statute ofHrnitations that would bar any 

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

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

3 
exist or were otherwise unavailable as of the date this Agreement was fully executed; and/or 

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

Any extension of time under Section I.C.l for delive1y of the Settlement Payment or 

acceptance of a portion of the Settlement Payment shan 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 in full. 

SECTION II: Stipulation of Dismissal 

Within five (5) business days after receipt of the Settlement Payment, plus any accrued 

interest, the FDIC-R shall file a stipulation of dismissal with prejudice, executed by the attorneys 

for all Parties in the fonn attached hereto as Exlllbit A, in the D&O action. 

SECTION III: Releases 

A The FDIC-R's Releases. 

1. Upon receipt of the Settlement Payment in full as provided in Section I, and 

except as provided in Section III.D., the FDIC-R, for itself and its successors and assigns, hereby 

releases and discharges the Settling Defendants and their respective heirs, executors, trustees, 

administrators, representatives, beneficiaries, successors and assigns, from any and all cJaims, 

demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in 

equity, belonging to the FDIC-R, that arise from or relate to, the pe.tformance, nonperf01mance, 

or roaMer of performance of the Settling Defendants' (or wlth respect to a Settling Defendant 

that is an Estate, the deceased director,s) 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 and any alleged wrongful acts set forth in the prior demand letters. 

2. Upon receipt of the Settlement Payment in full as provided in Section I, and 

except as provided in Section IIT.D., the FDIC-R, for itself and its successors and assign~, hereby 

4 . 
releases and discharges the Insm·ers, its parents, subsidiaries, affiliates and reinsurers, and their 

respective employees, officers, directors, agents, representatives, 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 atise from or relate to the Policies. As part of this l'elease of the 

Insurers, the FDIC-R agrees that an.y interest it may have under the Policies is extinguished. 

3. Upon receipt of the Settlement Payment in full as provided in Section I, and 

except as provided in Section Ill.D., the FDIC-R, for itself and its successors and assigns, hereby 

releases and discharges aU other former directors, officers, and employees of the Bank 

(collectively, the "Covered Persons") and their respective heh·s, executors, trustees, 

administrators, representatives, 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 FDIC-R, that arise from or relate to, the performance, nonperfonnance, or 

manner of performance of the Covered Persons' respective functions, duties and actions as 

directors, officers and/or employees of the Bank, including without limitation the causes of 

action alleged in the D&O Action and any alleged wrongful acts set f01th in the .prior demand 

letters. This release shall be null and void as to any Covered Person if such Covered Person 

asserts any claim against the FDIC-R. 

B. The Settling Defendants' Release. 

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

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

administrators, agents, beneficiaries, representntives, attorneys, successors, and assigns, hereby 

release and .discharge: 

5 
1. 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 Jaw or in equity, that arise from or relate to, the Banlc or to 

the perlormance, nonpe1fonnance, or manner of perf01mance of the Settling Defendants' 

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 and any alleged wrongful acts 

set f01ih in the prior demand letters. 

2. The Inslli'ers, their parents, subsidiaries, affiliates and reinsurers, and their 

respective employees, officers, directors, agents, representatives, 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 D&O Action and any alleged 

wrongful acts set forth in the prior demand letters. 

3. Each other Settling Defendant 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 performance, nonperfonnance, or manner of perfonnance of their 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. The Insurers' Release. 

Effective simultaneously with the releases granted in Section Ili.A. above, the Insurers, 

for itself and its successors and assigns, and on behalf of its parents, subsidiaries, affiliates and 

reinsurers, and their successors and assigns, hereby releases and discharges: 

1. The DIC~R, and its employees, officers, directors, agents, representatives, 

attomeys, successqrs, and assigns, from any and all claims, demands, obligations, damages, 

6 
actions, and causes of action, direct or indirect, in law or in equity, that arise from or relate to the 

Policies, the D&O Action, and any alleged wrongful acts set forth in the prior demand letters. 

2. Each of the Settling Defendants, and their respective . heirs, executors, 

administrators, beneficiaries, agents, representatives, 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 D&O Action and any alleged wrongful acts set forth in 

the prior demand letters. 

D. Exceptions from Releases By FDIC-R. 

1. 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 claim~ or causes of action: 

a. against a Settling Defendant or any other person or entity for liability, if 

any, incutTed as the maker, endorser or guarantor of any promissory note or indebtedness 

payable or owed by him or it to FDIC-R, the Bank, other financial institutions, or any other 

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

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

'b, against any person or entity not expressly released by the FDIC.-R 1n this 

Agreement. 

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

Agreement shall be constlued 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 allthority or to diminish its ability to institute administrative 

' 7 
enforcement or other proceedings seeking removal, prohibition, ot· any other relief it is 

authorized to seek pursuant to its supervisory or regulatory 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 any other deprutment or agency of the United States as defined by 18 U.S.C. § 6. In 

addition, the FDI R specifically reserves the right to seek court-ordered restitution pursuant to 

the relevant provisions of the Mandatory Victims Restitution Act, 18 U.S. C. §§ 3322 and 3663, 

et seq., if appropriate. 

SECTION IV: Waiver of Dividends and P1·oceeds from Litigation 

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

by vhtue thereof are Ol' may be entitled to a dividend, payment, or other distribution upon 

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

brought against the Federal Deposit InsW'ance Corporation in any capacity or against the United 

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

or oll)issions by the Federal Deposit Insurance Corporation in any capacity, the United States 

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

the Bank, its conservatorship, or receivership, the 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 distdbutions, or proceeds. 

SECTION V: Representations and Aclrnowledgement 

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

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

and that they have the full power and authority to bind such Party to each and every provision of 

8 
this Agreement. This Agreement shall be binding upon and inure to the benefit of the 

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

successors and assigns. 

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

consulted with and obtain~d the advice of counsel prior to executing this Agreement, and that 

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

C. Financial Disclosure Rept'esentation. B~oh Settling Defendant has submitted 

financial infonnation to the FDIC-R including. Personal Financial Statements (FDIC 7600/01 (9-

05) and herein affinns that his or its financial infonnation is true and accurate as of the date it 

was delivered to the FDIC-R and there have been no material changes to each Settling 

Defendant's financial infonnation since that date and up and until the date ofthis Agreement. 

Each Settling Defendant expressly acknowledges that, in determining to settle the claims 

released herein, the FDIC-R has reasonably and justifiably relied upon the accuracy of the 

financial information submitted by the Settling Defendants. The FDIC-R has no obligation to 

independently verify the completeness or accuracy of that financial information. If the FDIC-R 

establishes via a final adjudication in an appropriate judicial fol'um that a Settling ·Defendant 

failed to disclose any material Interest, legal, equitable, or beneficial, in any asset, that Settling 

Defendant agtees to cooperate fully with the FDIC-R to provide updated financial information 

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

material interest in such asset(s); or (2) the amount of unpatd damages alleged against that 

Settling Defendant 

SECTION VI: Reasonable Cooperation 

The Parties agree to cooperate in good faith to effectuate all tho tenns and conditions of 

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

9 
(b )(6) ........ .. 

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 perfonn the tenns 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 the Settling Defendants maintain their express deninl of the FDIC-R' s 

allegations, and that this Agreement is not an admission or evidence of liability or infinnity 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 tenns. 

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

one or more of the Pa.t1ies and all such countel.'parts when so executed shall together constitute 

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

ooun1erpart, upon execution and delivery, shall be deemed a complete ol'iginal, binding the 

Parties subscribed thereto upon 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 laws of the State of Florida. 

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

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

If to the FDIC-R: 

Gregory K. Conway 

Counsel, Federal Deposit Insurance Corporation 

3501 Fairfax Drive, # BM7046 

Arlington, Virginia 22226 

m•• l I 

and10 
(b)(6) 

Detmis Klein 

Hughes Hubbard & Reed LLP 

201 South Biscayne Boulevard 

Suite 2500 

Miaroi. Florida 33131 

.................................................................. jL- ......... _ ... ..______ .....1 

If to the Settling Defendants: 

Thomas E. Gilbertsen 

Meredith L. Boylan 

VENABLELLP 

575 7th Street, N.W. 

Washington. D.C. 20004 

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

1

L.. ...... _____ ____. 

(b)(6) 

(b)(6) 

(b)(6) 

and 

Edward W. Dougherty, Jr. 

Edward W. Dougherty, Jr., P.A. 

119 E. Park Avenue, S·uite 2-B 

Tallahassee, Florida 32301 

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

If to Federal Insurance Company: 

Attn: Claims Department 

Chubb Group of Insurance Companies 

15 Mountain View Road 

Warren, New Jersey 07059 

and 

.............................................................. atrick Ford~L... ...... _ ______ ...J 

If to Great American Insurance Company: 

James A. Skarzynski 

Tarruny Yuen 

Skarzynski Black LLC 

One Battery Park Plaza, 32"d Floor 

New York, NY 10004 

................................................................ 1L--- """' __ _, 

11 
E. Entire Agreement and Amendments. This Agreement constitutes the entire 

agreement and understanding between and among the undersigned Pru.1ies concerning the matters 

set forth 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 ). 

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. All 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. 

12 
(b)(6) 

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

by each of them or their duly authorized 1·epresentatives on the dates hereinafter subscribed. 

Date; 0CfL0/ /cJ01 S 

I 

Date: _p_· f_~_S'....:...;_/_~_"CJ_· 1:;;_/_ 

Date; ---------

Date: ---------

Date: ---------

Date: ---------

13 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

PENINSULA BANK 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

SETTLING DEFENDANTS 

PAUL COLLOM 

ESTATE OF JOSEPH DRESNER 

ROBERT GRANICZ 

ESTA TB OF MELVYN KATZEN 
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

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

Dare: ----~----------~ 

D&e: ------------------

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

PENINSULA BANK 

BY: ________________________ __ 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

SETTLING DEFENDANTS 

LENARD BROWN 

Date: -~q:_--_"3.:;__ } -_,_/_,):.....--_ PAUL COLLOM 

(b)(6) _ _ _ ___ _ _ ___ _ _ +-:- - - - c 0 <' 

Date: ------------ -- ESTATE OF JOSEPH DRESNER 

Dare: ------- ----------- ROBERT GRANJCZ 

Dare: ------------------ ESTATE OF MELVYN KATZEN 

13 

.
IN WITNESS WHEREOF, the Parties hereto have caused this Agt·ccmcnt to be executed 

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

Date: ----~~----------~ 

Date: --------------------

Date:-------------------

o.re,~~S __ 

Date: 

Date: ----------------

13 

FEDERAL DEPOSIT INSURANCil: 

CORPORATION AS RECEIVER FOR 

PENINSULA BANK 

BY: _____ ··--·-·· 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

SETTLING DEFENDANTS 

LENARD BROWN 

PAUJ, COLLOM 

ESTA TR OF JOSEPH DRE R 

....................................................................................................................... tl:>1(~) 

A,..,,,.. ll ~~~ 

ROBERT GRANICZ 

ESTATE OF MELVYN KATZEN 

-·· -·-·-·-- -------------
IN WITNESS WHEREOF, the Pliltics hereto have caused this Agreement to be executed 

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

Date: ----·-·· 

Date: -------------------

Date: 

Date: __________________ _ 

Date; 

Dare: -------------------

13 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

PENINSULA BANK 

BY: _____________ ___ 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

SETTLING DEFENDANTS 

LENARD BROWN 

PAUL COLLOM 

ESTATE OF JOSEPH DRESNER 

~BERT G~ICZ ·············II----

ESTATE O:F MELVYN KATZEN 
(b)(6) 

IN WITNESS WHEREOF, the Parties hereto have oaused this Agre~ent to be. executed 

by each of them or th.ek duly autholized represel}tatives on the dates here]na:ft~r subscribed. 

Dare: ____ ~----------~ 

Dme: _______________ _ 

Darn: ________________ _ 

D~e: _______________ _ 

Dme: ________________ _ 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

PENINSULA. BANK 

BY: ___________________ _ 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

SETILING DEFENDANTS 

LENARD BROWN 

PAUL COLLOM 

ESTATE OF JOSBPHDRBSNER 

ROBERT GRANICZ 

Date: . 2\3~~ ;;).01 ~ ESTATEOFMBLV¥NKATZBN 

, IL-~····· ............-----,..,.....-----..1---

2'\,~-tn f{ TRiflNA- f1.s . 

~o\\1 t=T\ Re.pR.e et-.r~1we 13 
Date: ---------

Date: --- - --------

Date: ----- - ----

Date: - - - -------

Date: --- ----- --

Date: ___ __ _._ _ _ _ 

14 

:Jonruc: r( .f 

~ .... ......................... (J?..)(§ 

ESTATE OF SIMON POR1NOY 

LUIS SERENTILL 

RICHARD SOLANO 

JAIME TORNER 

FEDERALINSURANCECOMWANY 

BY:. ___ ___ _____ _ 

TITLE; ------- - --

PruNTNAME: _ _________ _ _ 

GREAT·AMEIUCAN INSlJRANCE 

COMPANY 

BY:. __ ~---- -------

TITLE: ------------- PRllirrNAME: ______________ _ 
Date: 

Date: g ~~~ / i£ . ---=~~~~~-------

Dnte: ------- -----

Dntc: --------------

Dnte: - ------ ----

Date: -------- ---

Date: - ------------

1.4 

CARLO LoRlCCO 

RICHARD SOLANO 

JAIME TORNER 

FEDERAL INSURANCE COMPANY 

BY: _ _______ ___ _ 

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

PruNTNAME: -------~---

GREAT AMERICAN INSURANCE 

COMPANY 

BY: _ ____________ _.;...._ 

TITLE: ---------.------ --

PruNTNAME: ____________ _ 
Dare: ______________ __ 

Date: -----~--:.---

Date:~-------

Date: ---------

Date:--------

Date:--------

14 

CARLO Lo!UCCO 

ESTATE OF SIM:ON PORTNOY 

_Lu-Is_s_E_RE_NT_IL_L.._I_.---_ ...... _ ..... .. _ ... .... -J/_ ........ _... .. .... .......... .. .... ( ..J(~ 

RICHARD SOLANO 

JAIME TORNBR 

FEDERAL INSURANCE COMPANY 

BY:. __________ _ 

TITLE:---------

PruNTNAME: ____________ __ 

GREAT AMEIUCAN INSURANCE 

COMPANY 

BY:. __________ _ 

TITLE:----------~-------

P~NAME: ____________ __ 
Date: 

Date: ----- -

Date: -------

Date: -- -~-·· ·· -····-·~"' 

Date: ______ -··----~· -· -~-

Date: ----- - --

14 

CARLO LoRICCO 

ESTATE OF SIMON PORTNOY 

LUIS SBRENTILL . 

•••••••••• m o 0 ••••••''''''.(~.).(. .J.: ............................................................ F .... =........._-

JAIME TORNER 

FEDERAL INSURANCE COM:P ANY 

BY: _______ ~--~ 

TITLE: ---~- ·~-

P~NAME: __________ __ 

GREAT·AMEIUCAN INSURANCE 

COMPANY 

BY: _ ___________ _ 

TilLE: ------- ------

PRINTNAMB: ~--- ·"--· 
Date:--------

Date: ------------

Date: ----------

Date: ---------

Date: _ __::_?..:....:/ ~_I..L,_(___:l f' __ _ 

Date: -------------

Date: -------------

14 

CARLO LoRICCO 

ESTATE OF SIMON PORJNOY 

LillS SERENTILL 

RICHARD SOLANO 

~AIMB TO!lliml;:~ • "" -~ = .- ..-~:::. t)(Ej) 

FEDERAL INSURANCE COMPANY 

BY:. ____________ _ 

TITLE: ___________ _ 

PruNTNAME: _____________ _ 

GREAT AMERICAN INSURANCE 

COMPANY 

BY:. ______________ ~ 

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

PruNTNAME: ________ _ 
Dare: ___ _ _______ __ 

Date: -------------

Date: --------------

Date: ----- --- ---

Dato: - - ----------

Date: ldua s1) dc?l s:-

Date: ------------

14 

CARLO LoRICCO 

ESTATE OF SYMON PORTNOY 

LUIS SBRENTlLL 

RJCHARD SOLANO 

JAIME TORNER 

FEDERAL INSURANCE COMPANY 

J ___ ·····_···························· _···············----...J ········-·1 

m LE: ~c,'~4 Cl<t0'15 'itec;M~~c · 

PRINT NAME: ~:kv,J- 69.,.f2 

GREAT AMEIUCANINSURANCE 

COMPANY 

BY: ___ _________ __ 

TITLB: _____________ __ 

P~NAME: ___ _ _ ___ __ 

(b)(6) ..................................................... 
Dare: ------------------

Dme: ________________ _ 

Date: -------------

Date: --------------

Dme: ______________ _ 

Date: -----------

14 

CARLO LoRICCO 

ESTATE OF SIMON POR1NOY 

LUIS SERENTILL 

RICHARD SOLANO 

JAIME TORNER 

FEDERAL INSURANCE COMPANY 

BY: ____________ _ 

TIITLE: _______________ _ 

PruNTNAME: ------------

GREAT AMERICAN INSURANCE 

COMPANY 

BY: I ················································· 

I ~ /. 7 

TITLE: N \c..~ ~f.,es' O~N\ 

PRINT NAME: ~\L\-\3\~L V .. Vov€LL 

l········ ··················· Jb)_(l')) 
EXHIBIT A 

15 
UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, AS RECEIVER FOR 

PENINSULA BANK 

Plaintiff, 

v. 

SIMON PORTNOY, RICHARD SOLANO, 

CARLO LORlCCO, ROBERT GRANICZ, 

THE ESTATE OF MELVYN KATZEN, LUIS 

SERENTILL,PAUL COLLOM, THE ESTATE 

OF JOSEPH DRESNER, JAIME TORNER, 

AND LENARD BROWN 

Defendants. 

------------------------------~/ 

CASE NO. 8:13-01124-JDW-MAP 

PLAINTIFF'S AND DEFENDANTS' STIPULATION OF 

DISMISSAL WITH PREJUDICE 

Plaintiff, the Federal Deposit Insurance Corporation as Receiver for Peninsula 

Bank ("FDIC-R" or "Plaintiff'); and Defendants, Simon Portnoy, Richard Solano, Carlo 

LoRicco, Robert Granicz, the Estate of Melvyn Katzen, Paul Collom, the Estate of Joseph 

Dresner, Jaime Tomer, and Lenard Brown ("Defendants" and together with the Plaintiff, the 

"Parties''), hereby file this Stipulation ofDismissa1 With Prejudice ("Stipulation") under Federal 

Rule of Civil Procedure 41(a)(l)(A)(ii). The Parties agree as follows: 

1. The Parties have agreed that the FDIC-R's claims against all Defendants shall be 

dismissed with prejudice. 

2. All Defendants have answered in this action, and all Defendants agree to these 

dismissals. 

3. This case is not governed by any federal statute that requires an order of the court 

for dismissal of these Defendants. 

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(b)(6) 

(b)(6) 

4. All Parties shall bear their own attorneys' fees and costs. 

Respectfully submitted September_, 2015. 

HUGHES HUBBARD & REED, LLP 

By: ________________________ __ 

Dennis S. Klein 

Fla. Bar No. 0091767 

I ······--·····-····················· ............ ··············~;;;;·····;;;;;;····~-----------------' 

201 South Biscayne Boulevard, Suite 2500 

Miami, Florida 33131-4332 

Tel: (305) 358-1666 

Fax: (305) 371-8759 

Counsel for the Federal Deposit Insurance 

Corporation as Receiver for Peninsula Bank 

66591211_1 

VENABLELLP 

By: ________________________ _ 

Meredith L. Boylan, Esq. (pro hac vice) 

Thomas E. Gilbet1sen, Esq. (pro hac vice) 

VENABLELLP 

575 7th Street N.W. 

Washington, D.C. 20004 

Tel: (202) 344-4000 

Fax: (202) 344-8300 

Counsel for Defendants Simon Portnoy, 

Richard D. Solano, Robert Granicz, Luis 

Serentill, Estate ofMelvyn Katzen, Paul 

Collom, Estate of Joseph Dresner, Jamie 

Tomer, Lenard Brown, Carlo LoRicco 

Edward W. Dougherty, Jr. 

Edward Dougherty, Jr. PA 

Fla. Bar No. 338990 

~m 

119 East Park Ave., Ste. 2-B 

TaUahassee, Florida 32301 

Tel: (850) 297-1123 

Co-Counsel for De fondants Simon Portnoy, 

Richard D. Solano, Robert Granicz, Luis 

Serentill, Estate of Melvyn Katzen, Paul 

Collom, Estate of Joseph Dresner, Jamie 

Tomer, Lenard Brown, Carlo LoRicco 

2 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on September_, 2015, I electronically filed the forgoing 

document with the Clerk of Court using CM!ECF. I also certify that the foregoing document is 

being served this day on all counsel of record or nonparties identified on the attached Service 

List in the manner specified, either via transmission ofNotices of Electronic Filing generated by 

CM/ECF or in some other authorized manner fot· those not authorized to receive electronically 

Notices of Electronic Filing. 

By ______________________ _ 

Dennis S. Klein 

66591211_1 

3 
SERVICE LIST 

Case No. 13-cv-01 124-JDW-MAP- ECF Notice List and Email 

Edward W. Dougherty, Jr. 

Edward W. Dougherty, Jr., PA 

119 East Park Ave., Ste. 2-B 

Tallahassee, Florida 32301 

(b )(6) ............ ..Email:~;;;;;;l;;;...· ·····;;;.....·· -----...J 

Tel: (850) 297-1123 

(b)(6) 

Attorneysfor Defendants Simon Portnoy, 

Richard D. Solano, Robert Granicz, 

Luis Serentill, Estate of Melvyn Katzen, 

Paul Collom, Estate of Joseph Dresner, 

Jamie Torner, Lenard Brown, 

Carlo LoRicco 

Meredith L. Boylan, Esq. (pro hac vice) 

Thomas E. Gilbertsen, Esq. (pro hac vice) 

Ronald R. Glancz, Esq. (pro hac vice) 

VENABLELLP 

575 7th StreetN.W. 

Washington, D.C. 20004 

Email:l ···Email·:··························m•mm•m··· 

Emai1:~. ~~~~----_. Tel: (202) 344-4000 

Fax: (202) 344-8300 

Co-Counsel for Defendants Simon Portnoy, 

Richard D. Solano, Robert Granicz, Luis 

Serentill, Estate of Melvyn Katzen, Paul 

Collom, Estate of Joseph Dresner, Jamie 

Torner, Lenard Brown, Carlo LoRicco 

Dr. Elizabeth Triana 

c/o Ariana Fileman, Esq. 

Fileman Law Firm, P.A. 

201 West Marion Avenue, Suite 1208 

Punta Gorda. Florida 33950 

(b)(6) .H •• Email:a;;;;;l;;;...·····;;;...·· ---------J 

Tel: (941) 833-5560 

Louis M. Ursini, III, Esq. 

ADAMS AND REESE LLP 

Bank of America Plaza 

101 E. Kennedy Blvd., Suite 4000 

Tampa, FL 33502 

Tel: (813) 402-2880 

Fax: (813) 402-2887 

Attorneys for Florida Community Bank, N.A. 

J. Marshall Moorhead, Esq. 

ADAMS AND REESE, LLP 

150 Second Avenue North, Suite 1700 

St. Petersburg, FL 33701 

Tel: (727) 502-8221 

Fax: (727) 502-8282 

Auorneys for Florida Community Bank, NA. 

Counsel or Dr. Elizabeth Triana, Re resentative o Melv n Katzen's Last Will and Testament 

66591211_1 

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