SETILEMENT AND RELEASE AGREEMENT 

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

the following undersigned parties: 

The Plaintiff Federal Deposit htsurance Corporation as Receiver for Silverton Bank, N.A. 

("FDIC-R"), and Tom A. Bryan, Brock Fredette, Paul T. Be1u1ett, Michael Carlton, W. Roger 

Cl'ook, J. Michael Ellenburg, Brian R. Foster, Robett I. Gulledge, Charles F. Harper, R. Rick 

Hart, Christopher B. Maddox, J. Edward Norris, Stephen L. Price, Bobby Shepard, Hi.mter 

Simmons, and Tony W. Wolfe, (collectively, "Settling Defendants''), Ronald Swanner 

("Swanner"), and Federal Insurance Company ("Federal"), and Westchester Fire Insuran9e 

Company ("Westchester"), (collectively, "Insurer Defendants") (individually, the FDIC-R, the 

Settling Defendants, Swanner and the Insurer Defendants may be refened to herein as "Party" 

and collectively as the "Parties"). 

RECITALS 

WHEREAS~ 

Prior to May 1, 2009, Silverton Bank, N.A. ("Bank") was a depository institution 

organized and existing under the laws of the United States. 

On May 1, 2009, the Office of the Comptroller of the Cunency closed the Bank and, 

pursuant to 12 U.S.C. § 182l(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 the Bank's former clirectors, officers, and employees 

arising fi·om the performance, nonperfonnance, and marmer of petfonnance of their respective 

functions, duties, and acts as directors, officers, and employees of the Bank. 
Federal issued a primary director and officer liability policy numbered I 

petiod March 9, 2009 until March 9, 2010 (the "Federal Policy") and Westchester issued an 

excess director and officer liability policy numbered I -- ~· for the-··pel:'iod March 9,--- ) 

2009 until Mai'Ch 9, 2010 (the "Westchester Policy" and collectively with the Fede1al Policy, the 

"Policies"), whlch .insured the directors and officers of the Bank according to the tenn.s, 

provisions, and conditions of the Policies. The Settling Defendants asserted claims for coverage 

under the Policies. 

On March l, 2010 and April 14,201 1, the FDIC sent letters to the Settling Defendants, 

Swanner, Federal, and Westchester demanding payment for aUeged wrongful acts by former 

officers and directors of Silverton in connection with their actions or inactions in c01mection with 

Silverton (the "D&O Demand"). 

On August 22, 2011, the FDIC-R filed a complaint for money damages against the 

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

Bank ("D&O Action") and a declaratory judgment action against Federal and Westchester 

seeking a declaration of its rights and obligations under the Policies with regard to the claims 

asserted by the FDIC-R in the D~O Action ("Coverage Action"). Federal and Westchester 

asserted cross-claims and counter-claims in the Coverage Action seeking a declaration of their 

rights and obligations under the Policies. The Settling Defendants asserted crossclaims in the 

Coverage Action seeking a declaration of their rights under the Policies. Collectively, the D&O 

Action and the Coverage Action shaU be referred to as the "Action." The Action is now pending 

in the United States District Comt for the Northem District of Georgia: FDIC as Receiver for 

Silverton Bank, NA. v. Bryan, et al., Case No. 1:11-cv-02790-TWT (N.D. Ga.). The Settling 

Defendants deny any and all claims of wrongdoing and all liability in the D&O Action. The 

Insurer Defendants deny aU liability in the Coverage Action. 
During the pendency of the Action, Settling Defendants Tom A. Bryan and Stephen L. 

Price filed for bankruptcy protection. The FDIC-R continued its pursuit of its claims against Mr. 

Bryan and Mr. Price solely for the purpose of attempting to liquidate the claims for the purpose 

of seeking recovery from the Insurer Defendan1s. The FDIC-R did not seek to hold Mr. Bryan 

and Mr. Price personally liable. Mr. Bryan and Mr. Price are included in the parties released 

herein. 

Dw·ing the pendency of the Action, the FDIC settled its claims against Brian Beuche 

("Bueche") and obtained an assignment from Beuche of all of his rights against Federal and 

Westchester. 

The undersigned Parties deem it in their best interests to enter into tllis Agreement to 

avoid· the unce1tainty and expense of.ftuther litigation. 

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

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

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

SECTION 1: Payment to FDIC-R 

A. As an essential covenant and condition to this Agreement, on or before sixty (60) 

days following the date on which the FDIC·R executes this Agreement, the Insurer Defendants, 

on behalf of the Settling Defendants, shall pay to the FDIC-R the remaining combined single 

limit of liability of the Federal Policy plus the remaining limit of liability of the Westchester 

Policy, wllich through, and including, May 23,2016, was $9,183,054.36, subject to the reduction 

of certain payments as set fo1ih below (the "Settlement Payment"): 

1. Mediation fees of $6,092.20 shall be paid from the Policies; 

2. The payment ofreasonable defense fees and costs incurred by Alston & 

Bird LLP and Jones Day after May 23, 2016 which payment shall not exceed $54,000.00 in the 
aggregate for both law firms. Upon receipt of the invoices> the Insurer Defendants shall provide 

notice to the FDlC~R setting forth tbe amount of the invoices. In the event that the invoices or 

any unpaid amounts for d-efense fees and costs for any insured under the Policies collectively 

exceed $54,000.00, the Insurer Defendants shall not be obligated to pay any amount that exceeds 

$54,000.00. 

3. The payment of reasonable defense fees and costs incun·ed by Bueche in 

connection with representation by Womble Carlyle Sandridge & Rice, LLP provided that 

invoices are submitted for payment to the h1surer Defendants within thirty (30) days of the 

FDIC~R executing this Agreement and provided that such invoices do not exceed $70,000.00 in 

the aggregate. Upon receipt of the invoices, if any, the Insurer Defendants shall provide notice 

to the FDIC~R setting forth the amount of the invoices. If any such invoices are not submitted 

for payment to the Insurer Defendants within thirty (30) days of the FDIC-R executing this 

Agreement, then there shall be no reduction in the amount paid to the FDIC~R fi·om the Policies. 

In the event that the reasonable defense fees and costs incu11'ed by Bueche in connection with 

representation by Womble Carlyle Sandridge & Rice, LLP exceed $70,000.00, then the FDIC~R 

has the option to te1minate this Agreement within five (5) business days following receipt of 

notice of the amount from the Insurer Defendants. 

B. The Settlement Payment to the FDIC-R shall be made by checl<s payable to the 

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

days after full execution of this Agreement by all Parties. 

C. Subject to and without waiving the requirements set forth in Section LA above, if 

the FDIC-R d<?es not receive the Settlement Payment on or before the date detenuined by 

Section I.A above> then the FDIC-R, in its sole discretion, shall have the right at any time prior to 

receipt of the Settlement Payment to: 
1. Extend the period of time for the Settlement Payment; or 

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

Insurer Defendants agree to jurisdiction in the United States District Comt for the N01thern 

District of Georgia; or 

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

the Settling Defendants and the Insurer Defendants agree to·consent, and 1·e~institute an action on 

the FDIC-R's claims. The Settling Defendants and the Insurer Defendants 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 countercl.aims, and covenant and agree not to assert any 

objections, defenses, claims or counterclaims 1hat did not 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 or equity. 

Any extension of time under Section I.C.1 for dellvery of the Settlement Payment or 

acceptance of a po1tion of the Settlement Payment sbaU not prejudice the FDIC-R's t·ights to take 

any of U1e actions set forth in Section I.C.2 tlu·ough I.C.4 at any time prior to receipt of the 

Settlement Payment in fu]l. 

SECTION II: Stipulation and Dismissal 

Within ten (1 0) business days after receipt of the Settlement Payment by the FDIC-R, the 

Pmties shall file a stipulation of dismissal with prejudice, executed by the attorneys for all Parties 

hereto with each Party to bear his or its own attorneys' fees and costs, in the form attached hereto 

as Exhibit A, in the 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 IILD, the FDIC-R, for itself and its successors and ?ssigns, 

hereby releases and discharges the Settling Defendants, Swanner and their respective heirs, 

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 performru.1.ce, 

nonperformance, or manner of performance oftbe Settling Defendants' or Swa1mer's respective 

ftmctlons, 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 the D&O Demand. 

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

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

hereby releases and discharges the Insurer Defendants, all of their parents, subsidiaries, affiliates 

and r.einsurers, and their respective employees, officers, directors, 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 Policies, the D&O Action, 

the D&O Demand, and the Coverage Action. As part of this release of the Insurer Defendants, 

the. FDICAR agrees that any interest it may have with respect to the Policies is extinguished, 

including its interests as assignee ofBeuche. 

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

and except as provided in Section III.D., the FDICAR, for itself and its successors and assigns, 

hereby releases and discharges all other fonner directors, officers, and employees of the Bank 

(collectively, the "Covered Persons") and their respective heirs, executors, trustees, 

administrators, representatives, successors, and assigns, fi·om any and all claims, demands, 

obligations, damages, actions, and causes of action, direct or indiJ.·ect, in Jaw or itt equity, 

belonging to the FDIC-R, that arise from or relate to, the performance, nonperformance, 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 tlle caUses of 

action alleged in the D&O Action and the D&O Demand. 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 III.A above, the Settling 

Defendants and Swanner, on behalf of themselves individually, and their respective heirs, 

executors, trustees, administrators, agents, representatives, attomeys, successors, and assigns, 

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

successors, and assigns, from any and aU claims, demands, obligations, damages, actions, and 

causes of acti~n. direct or indirect, in law or in equity, that arise from or relate to, the Bank or to 

the perfom1ance, nonperformance, or manner of petformance 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. 

C. The Insurer Defendants Release. 

Effective simultaneously with tbe release granted in Section JH.A above> the Insurer 

Defendants, for themselves and their respective successors and assigns, and on behalf of each of 

their parents, subsidiaries, affiliates and reinsw·ers, and their respective successors and assigns> 

hereby release and discharge the FDIC-R, and its employees, officel's, directors, 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 fi·om or relate to the Policies 

and the Coverage Action. 

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 claims or causes of action: 

a. Against the Settling Defendants or Swanner, 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 the FDIC-R, the Bank, other financial institutions, or 

any other person or entity, including without lhnitation 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 Agl'eement. 

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

Agxeement shaJl be construed or mte1preted 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 diminishing its ability to institute administ~ative 

enforcement or 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 purpott to waive, or intend to waive, any claims that could be brought by the United 

States tlu·ough 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 restitution 

put"suant to the relevant provisions of the Mandatory Victims Restitution Act, 18 U.S.C. §§ 3322 

and 3663 ~ ~., if appropriate. 
SECTION IV: Waiver of Dividends and Proceeds from Litigation 

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

the Bank or its holding company and by virtue the1-eof 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 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 omissiolls by the Federal Deposit lnsw·auce 

Corporation in any capacity, the United States govemment, or any agency or department of the 

United States government in connection with the Bank, its conservatorship, or receivership, the 

Settling Defendants and Swanner hereby knowingly assign to the FDIC-R any and all rights, 

titles, and interest in and to any and all such dividends, payments, other distributions, and 

proceeds. 

SECTION V: Representations and Acknowledgements 

A. Authorized Signatories. All 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 fuii power and authority to bind such Party to each and every provision of 

thfs Agreement. This Agreement shall be b~nding upon and inure to the ben,efit of the 

tmdersigned Parties and their respective heirs, executors, trustees, administrators, rep1·esentatives, 

successors, and assig11s. 

B. Advice of CounseL Each Party hereby acknowledges that he, she, o1· 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, her, or its counsel. 
C. The Parties further acknowledge that, immediately upon the Insurer Defendants' 

payment to the FDIC-R of the Settlement Payment, the Policies' limits of liability will be 

exhausted and the Insurer Defendants will have no ftuiher obligations whatsoever related to the 

Policies, including without limitation, any obligation for any attomeys' fees or costs incurred on 

behalf of the Settling Defendants and Swatmer. 

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 aud attorneys to do, whatever is 

reasonably necessary to effecb.1ate the signjng, delivery, execution, filing, recording, ·and entry of 

any documents necessary to conclude the D&O Action, the Coverage 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 thls Agreement constitute the settlement and compromise of disputed 

claims and defenses, 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 Pru.ty except to enforce its tenns. 

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

one or more of the Parties and all such coWlterparts when so executed shall together constitute 

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

countetpatt, upon execution and delivety, shalJ be deemed a complete original, binding the 

Parties subscribed thereto upon the execution by all Pmties 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 Georgia. 
(b)(6) 

(b)(6) 

(b)(6) 

(b)(6) 

(b)(6) 

(b)(6) 

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

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

Ifto the FDIC-R: 

Gregory K. Conway 

Counsel, Federal Deposit Insurance Corporation 

3501 Fairfax Drive, VS-B-7046 

Arlington, Virginia 22226 

~m I 

and 

John G. Tu.met·, III 

Mullin Hoard & Brown LLP 

SOO.South Taylor, Suite 800 

Amarillo. Texas 79101 

J.............................................. I 

If to the Settling Defendants andlor Swanner: 

Mary C. Gill 

Elizabeth Gingold Clark 

Alston & Bird LLP 

1201 West Peachtree 

Atlanta, GA 30309 

·······················fL..----

And 

Joseph Finley 

Jones Day 

1420 Peachtree Street, N.E., Ste 800 

Atlanta, GA 30309-3053 

~m ••• I 

IftoBryan: 

···················'-1_······ _____ ..... 

If to the Insurer Defendants: 

Mary Borja 

Wiley Rein LLP 

1776 K. Street, N.W. 

Washington, D.C. 20006 

•l•m •• I 
(b)(6) 

(b)(6) 

Angelo G. Savino 

Cozen O'Com1or 

45 Broadway, 16111 Fl. 

New York, New York 10006 

··········I······· I ........................................................... - -

Kermeth Milbauer 

Chubb Insurance Company 

10 Exchange Place, 9

111 Fl. 

Jersey Citv. New Jersey 07302 

................ j.......................................................... I 

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

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

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

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

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

representati ve(s ). 

F. Titles and Cagtions. 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. 

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. 
(b)(6) 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

Date: ______ _ TOM A. BRYAN 

Date:------- BROCK FREDETTE 

Date:------ - PAULT. BENNETT I 

Dare: _________ _ MICHAEL CARLTON 

Date:----- --- W. ROGER CROOK 
(b)(6) 

Date:-------

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR SILVERTON BANK, N.A. 

BY: ________________ __ 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

Date: /g- 2.7- 20 I~ TOM A. BRYAN 

Date:------- BROCK FREDETTE 

Date:------- PAUL T. BENNETT 

Date: ______ _ MICHAEL CARLTON 

Date:------- W. ROGER CROOK 
FEDERAL DEPOSIT INSURANCE CORPORATION AS 

(b)(6) Date: ~Tb =l=RSILVERTONBANK, N.A. 

TITLE: Counsel 

PRINT NAME: Gregory K. Conway 

Date:--- ---- TOM A. BRYAN 

Date: _G._~ --1__1_, __ BROCK FREDETTE 

(b)(6) 

Date:------- PAUL T. BENNETT . 

Date:---- - -- MICHAEL CARLTON 

Date:------- W.ROGERCROOK 
Date:------- TOM A. BRYAN 

Date:------- BROCK FREDE'ITE 

Date: 

(b)(6) 

Date:------- MICHAEL CARL TON 

Date:------- W. ROGER CROOK 

Date:------- J. MICHAEL ELLENBURG 

Date:------- BRIAN R. FOSTER 
Date:------- TOM A. BRYAN 

Date:-- ----- BROCK FREDETTE 

Date:------- PAUL T. BENNETT 

¢fib MICHAELCARLTON 

---lDate: 

(b)(6) 

----------

Date: - ------ W. ROGER CROOK 

Dare: ____ _ __ __ J. MICHAEL ELLENBURG 

Date:-------- BRJAN R. FOSTER 
(b)(6) 

etLn. 23. 2015.~ 3: 15PMa4S817777 

Dat~ -------

Daw: _____ ~-----

Date:_......,._ ____ _ 

Date;....__ ______ _ 

D~e; __________ __ 

ALSTN No. 2845 P. 2/3e2te3 

.P.EDERAL DEPOSIT lNStJRANCE CORPORATION AS 

RBCElVBR FOR SILVeRTON BAN!<, N.A. 

BY:----------------~--------~---

TITLE: Counsel 

PRINT NAME: GregotY .K. Conway 

TOMA. BRYAN 

SROCK FREDETTE 

T? AUt T. BENNETT 

MICHAEL CARL 'rON 

............ ~:~::.-....... -........ -........ -....... -........ -........ -........ -....... -........ -........ -.... -....... -........ - =· ~~:t~L..- _K_···· -----..c>--a-_;---

-"' \ 
Date:------- TOMA.BRYAN 

Date:------- BROCK FREDETTE 

Date:------- PAUL T. BENNETT 

Date:------- MICHAEL CARLTON 

Date:------- W. ROGER CROOK 

Date: b-~}:.-;A0/6 J. MICHAEL ELLENBURG 

(b)(6) 

·················································································································································IL...----------J~ 

Date: BRIAN R. FOSTER 
Date:------- TOMA. BRYAN 

Date:------- BROCK FREDETTE 

Date:------- PAUL T. BENNETT 

Date:------- MICHAEL CARL TON 

Date:------- W. ROGER CROOK 

Date:------- J. MICHAEL ELLENBURG 

BRIAN R. FOSTER 

(b)(6) 
ROBERTI. GULLEDGE 

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

................................................................ ..... 

I 

Date:------- CHARLES F. HARPER 

Date:------- R.RICKHART 

Date:------- CHRISTOPHER B. MADDOX 

Date:------- J. EDWARD NORRIS 

Date:------- STEPHEN L. PRICE 
Date:------- ROBERTI. GULLEDGE 

(b)(6) 

Date: -~-t~~ /t,__z_·z+};......:~-·t__ CHARLES F. HARPER 

I I J ···································································~L..······_·· __________ _:----

Date:------- R.RICKHART 

Date:------- CHRISTOPHER B. MADDOX 

Date:------- J. EDWARD NORRIS 

Date:------- STEPHEN L. PRICE 
Date:- ------ ROBERT l. GULLEDGE 

Dme: - - ----- CHARLES F. HARPER 

Date: - --- --- R. RICK HART 

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

·····························- ··__.___ ···· ! ------LDate:------- CHRISTOPHER B. MADDOX 

Date:-- --- --- J. EDWARD NORRIS 

Date:-------- STEPHEN L. PRrCE 
Date: ___ _ RODGRT I. OULLEDG.E 

Date:------- CHARLES 

F. HARPER 

Date:-------- R. 

RlCK HART 

Date: (o-A~ -I \e CHR!S'l'OPHER B MADD()X 

(b)(6) 

-·---~~~-~ ----1-~---·---

Date: J. EDWARD 

NORRlS 

Date:----- -- STEPHEN 

L. PRTCE 

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Date:------- ROBERTI. GULLEDGE 

Date:------- CHARLES F. HARPER 

Date;------- R.RICKHART 

Date:------- CHRISTOPHER B. MADDOX 

J.EDWARDN~S /1 

(b)(6) 

Date:------- STEPHEN L. PRICE 
(b)(6 

I 

Date;------- ROBERTI. GULLEDGE 

Dalu: ------- CHARLES F. HARPER 

Date:------- R.RICKHART 

Date:------- CHRISTOPHER B. MADDOX 

Date:------- J. EDWARD NORRIS 

Date: _,::::. b..,!..(_L_.L._/_!.....;6__ srgp}-Tf}fl]::BRICE 

······················-···-··········· .................................................................... -.. ................................... ................................. .. I 

..... L ..... _ .......... _ .......... _ ........... _ ......... __ _J--------
Dale: . <p- / c. 

.. ) -· 5-:: I~ BOBBY SHEPARD 

(b)(6) ··································································································································································································! •••••••••••••••••••••••••••••••••••••••••••••••••••••, •••••••••••••••••••••••om I 

~ 

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

Date:------- HUNTER SIMMONS 

·---.. ·----·-----·------

Date; TONY W. WOLFE 

Date:------ RONALD SWANNER 

FEDERAL INSURANCE COMPANY 

Date: BY:·--·---··-··----------·---~----

TITLE: 

PRlNTNAME: ·-------------
Date;---- - - - - BOBBY SHEPARD 

Date: C. .- :2 3 ·- I (_ HUNTER SIMMONS 

(b)( ........................................ ........ ~ 

I ........................................ . 

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

Dare:---------- TONY W. WOLFE 

Date:-------- RONALD SWANNER 

F:EDERAL INSURANCE COMPANY 

Date;------- BY: _ ___ __________ -------------

TITLE: _________________________ ___ 

PRINT NAME;------------------
(b)(S) Jun. .. 23 .... 1.6 .. ()..1.;04p n iL.. ········ _ ______ ___. L..------~···· ······· .... ····································p;3""""' (b.)(6) 

Date:------- BOBBY SHEPARD 

Date:------- HUNTER SIMMONS 

Date: (.., • :;..a.. :;:1-0 I<'..:. TONY W. WOLFE 

(b)(6) ----------------~- -=__....,.....J----------

Date:------- RONALD SWANNER 

FEDERAL INSURANCE COMPANY 

Date:----- -- BY: _______________________________ _ 

TITLE; ______________________________ __ 

PRJNT NAlvfE: --------- ---
Date:------- BOBBY SHEPARD 

Date:-------:--- HUNTER SIMMONS 

Date:------- TONYW. WOLFE 

Date:h . JJ. ,20f~ I ~SWANNBR 

L_-==~.----J----------

(b)(6) 

FEDERAL INSURANCE COMPANY 

Date: ______ _ BY: ______________________ ___ 

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

PRJNTNAME: -----------------
(b)(6) 

Date: _____ _ STEPHEN L. PRICE 

Date:------ . BOBBY SHEPARD 

Date:------ HUNTER SIMMONS 

Date: _____ _ TONY W. WOLFE 

Date:------ RONALD SWANNER 

FEDERAL INSURANCE..COMP ANY 

Date: C(ff(:p --·-

mLE: V P- c l-\v~ ~ .N m111 /J ){.{ -c<Zt c/C f) U..A-t 11, r 

PIUNT NAME: ~ ,v,ll! t 1ft ~ · 11.( f_/j A-d efL 
(b)(

6) 

Date; ···r;;jz_·····tt17·c,····· ~~:s:~~E WSTW ANCF 

r MPANY 

TITLE: v'f',.. ~ ffv tra ;11 "' <11.. A I« EYZ.t c,H-.r/ ( t.,A t~ / 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

FEDERAL DEPOSIT INSURANCE § 

CORPORATION, AS RECEIVER OF § 

SILVERTON BANK, N.A., · § 

§ 

PJ a in tiff, § 

§ 

v. § 

§ 

TOM A. BRYAN, et al., § 

§ 

Defendants. § 

CIVIL ACTION NO. 

l:ll -cv-0279 0~TWT 

STIPULATION OF DISMISSAL WITH PREJUDICE 

COMES NOW Plaintiff and Counter-Defendant, th~ Federal Deposit 

Insurance Corporation as Receiver for Silverton Bank, N.A., and pursuant to 

FederaL· Rule of Civil Procedure 41(a)(l)(A)(ii), hereby files this Stipulation of 

Dismissal With Prejudice as to all claims asserted by it. 

COMES NOW Defendants, Cross-Plaintiffs and Cross-Defendants, Tom A. 

Bryan, Brock Fredette, Paul T. Bennett, Michael Carlton, W. Roger Crook, J. 

Michael Ellenburg, Brian R. Foster, Robert I. Gulledge, Charles F. Harper, R. Rick 

Brut, Christopher B. Maddox, J. Edward Norris, Stephen L. Price, Bobby Shepard, 

Hm1ter Simmons, and Tony W. Wolfe and pursuant to Federal Rule of Civil 

Procedure 4l(a)(l)(A)(ii), hereby files this Stipulation of Dismissal With Prejudice 

as to aH claims asserted by them. 
(b)(6) 

(b)(6) 

COMES NOW Defendant, Counter-Plaintiff, Cross-Plaintiff and CrossDefendant, Federal Insurance Company and pursuant to Federal Rule of Civil 

Procedure 41(a)(l)(A)(ii), hereby files this Stipulation of Dismissal With Prejudice 

as to all claims asserted by it. 

COiv!ES NOW Defendant, Counter-Plaintiff, Cross-Plaintiff and CrossDefendant, Westchester Fire Insurance Company and pursuant to Federal Rule of 

Civil Procedm-e 41(a)(l)(A)(ii), hereby files this Stipulation of Dismissal With 

Prejudice as to all claims asse1ted by it. 

This Stipulation of Dismissal With Prejudice disposes of all of the claims 

and causes of action asse1ted in this case by any party. FUlther, this Stipulation of 

Dismissal With Prejudice is signed by all parties who have appeared in this action. 

Each patty shall bear its own costs and attorneys' fees. 

Respectfully submitted this __ day of 2016. 

ALSTON & Bm.n, LLP 

Mary C. Gill 

Elizabeth Clark 

One Atlantic Center 

1201 West Peachtree Street 

Atlanta, GA 30309 

MULLIN HOARD & BROWN,L.L.P. 

David Mullin (Pro Hac Vice) 

Texas Bar No. No.14651600 

J olm G. Turner, ill (Pro Hac Vice) 

Texas Bar No. 20320550 

Elizabeth A. Chetmel (Pro Hac Vice 

Texas Bar No. 24074026 

500 South Taylor, Suite 800 

Amarillo, Texas 79101 

Attorneys for Brian R Foster, Charles (806) 372-5050 Telephone 

F. Harper, Christopher B. Maddox, (806) 372-5086 Facsimile 

Hunter Simmons, J. ]J!ichael ___ _ -f I 

I 

·I 
(b)(6) 

(b)(6) 

(b)(6) 

................................ 

Ellenburg, J. Edward Norris, Michael I carlion;Paul"T. .... Ben1~eti,R.:R.ick m .... ...... L.. .... _ ..... ______ ......... 

Hart, Robert 1 Gulledge, Stephen L. 

Price, Tony W. Wolfe, W. Roger -andCrook and Bobby Shepard 

KAsownz, BENSON, ToRREs & 

FRIEDMAN LLP 

Linda Kornfeld 

Kasowitz Benson ToiTes & 

.Friedman LLP 

62029 Century Park East, Suite 750 

Los Angeles, CA 90067 

~ m ''' I 

Attorneys for Brian R. Foster, Charles 

F. Harper, Christopher B. Maddox, 

Hunter Simmons, J. Michael 

Ellenburg, J. Edward Norris, Michael 

Carlton, Paul T. Bennett, R. Rick 

Hart, Robert I. Gulledge, Stephen L. 

Price, Tony W. Wolfe, W. Roger 

Crook and Bobby Shepard 

WILEY REIN LLP 

Henry D. Fellows, Jr. 

Georgia Bar No. 257825 

Megan C. Haley 

Georgia Bar No. 113406 

FELLOWS LABRIOLA LLP 

225 Peachtree Street, N.E., Suite 

2300 

Atlanta, GA 30303 

Telephone: 404-586-9200 

Facsimile: 404-586-9201 

~::::~ 1 - +-

-andGregory K. Conway (Pro Hac Vice) 

3501 Fairfax Drive, Room B-7046 

Arlington, VA 22226 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Telephone: 703-516-1279 

Facsimile: 703·516-5067 

(b)(6) 

E-mail: I .......... .................. m • ........... j ............................................................................ .............. ).(?) 

Mary E. B 01j a 

Daniel J. Standish 

Cara Tseng Duffield 

Wiley Rein LLP 

177 6 K Street NW 

_"" ~Washington, DC 20006 

Attorneys for Federal Insurance 

Attorneys for Federal Deposit 

Insurance Co1poration, as Receiver 

of Silverton Bank, N.A. 

JONES DAY 

Michael J. McConnell 

Ga. Bar No. 485003 

Joseph E. Finley 

Ga. Bar No. 261526 
Company 

COZEN O'CONNOR 

Angelo G. Savino 

Melissa Brill 

Cozen O'Connor-NY 

45 Broadway, 16th Floor 

New York, NY 10006-3792 

(b)(6) ____ 

1

..___ _ I 

Attorneys for Westchester Fire 

Insurance Company 

TOM A. BRYAN 

1420 Peachtree Street, N.E. 

Suite 800 

Atlanta, GA 30309-3053 

Telephone: (404) 521-3939 

Facsimile: (404) 581-8330 

Counsel for Defendant 

Brock Fredette 
LOCAL RULE 7.1D CERTIFICATION 

By signature below, counsel certifies that the foregoing document was 

prepared in Times New Roman, 14-point font in compliance with Local Rule 5 .lB. 

John G. Tumer, III 

MULLlN HOARD & BROWN, L.L.P. 
CERTIFICATE OF SERVICE 

I certify that this day, I electronically filed the foregoing with the clerk's 

office CMIECF system, which will send email notification to the following counsel 

of record: 

Mary C. Gill 

(b)(8) ·~ ... - ... - .. - .. - - -···" ············· ..... ....................................... .... l ···· ... Elizabeth Clark 

(b)(8) l 

Alston & Bh·d, LLP - GA 

(b)(6) One Atlantig CMte.r ______ _ 

------120 l We t Peachtree Street 

Atlanta, GA 30309 

Angelo G. Savino 

(b)(6) . .. -1·-····· .............. . . ....................................... ~ 

Mary E. B01ja 

............ J ....................... .... .... 

l 

Daniel J. Standish 

Cara Tseng Duffield 

Wiley Rein LLP 

1776 K Street NW 

Washington, DC 20006 

Melissa Brill Douglas Lee Clayton 

(13)(8) ::::=;::::::::::=:::::::==::::~1 ~~=~' -- ;;; - Cozen O'Connor-NY 8tephen Leroy Cotter 

(b)(

6

) ------- tfe~l.~~~;,~ ~~~=-~~::-::9-::----llr- t;S~w~i~ft~. C~u~r=ri=e.....;,~M~c~G:h~e-e-...,&-..... ~ ..... i-e_r-s_J,...,!LP 

Kenan G. Loomis 

(b)(fl) _I 

Alycen A. Moss 

(b)(6) -------1-.. -- --- I ·--···-----.......... Cozen & 0 1Connor-GA 

303 Peachtree Street, N.E. 

Sun Trust Plaza, Suite 2200 

Atlanta, GA 30308 

1355 Peachtree Street, N.E. 

The Peachtree, Suite 300 

Atlanta, GA 30309-3238 

Linda Kornfeld 

Kasowitz, Benson, Torres & 

Friedman LLP 

20029 Century Park East, Suite 750 

Los Angeles, CA 90067 
(b)(6) ........................................ . .. . ..... ..(. ........................ . ... . 

Joseph E. Finley 

Michael J. McConnell 

(b)(6) --- ------- --- -tl======= 

Jones Day 

1420 Peachtree Street, NE, Suite 800 

Atlanta, GA 30309-3053 

I further certify that I have this day served a true and correct copy of the 

foregoing by U.S. Mail, with sufficient postage thereon, addressed as follows; 

Thomas A. Bryan 

23 0 Bolling Road NE 

Atlan1a, Georgia 30305 

J obn G. Turner, III 

Pro Hac Vice 

MULLIN HoARD & BROWN LLP