SETTLEM.E~T 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 First State Bank, 

Sarasota, Florida ("FDIC-R"), and·· Eileen J. Mangano, as Personal Representative of the Estate 

of Ronald II. Copenhaver, Corey J. Coughlin, Camden Ted French, Robert Wade Banis, John 

Tzarmetakis, Lisa Uh·ich, and Michael K. Worthington (collectively the "Settling Defendants"), 

and .Progressive Casualty Insurance Company ("Insurer") (individually, the FDIC-R, the Settling 

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

"Parties"). 

RECITALS 

WJfEREAS: 

Prior to August 7, 2009, First State Bank ("Bani<") was a depository institution organized 

and existing under the laws of Florida; 

On August 7, 2009, the Florida Office of Financial Regulation closed the Bank and 

pursuant to 12 U.S.C. § 182l(c), the Federal Deposit Insurance Corporation was appointed 

Receiver. In accordance with 12 L.S.C. § 182l(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 Rank's claims, 

demands, and causes of action against its fom1er 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 Bani<; 

On August 6, 2013, 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. 

Those claims for damages arc now pending in the United States District Court for the Middle 
District of Florida in FDIC-R v. Copenhaver eta/., ~o.: 8: 13-cv~02037-VMC-IBM ("D&O 

Action"). The Settling Defendants have denied liability in the D&O Action. 

Insurer issued a director and officer liability policy numbered ._I ___ _.l~·~Policy~'-); 

which insured the directors and officers of the Bank according to the terms, provisions, and 

conditions of the Policy. The Settling Defendants asserted claims for coverage under the Policy. 

Insurer has reserved its rights to deny coverage under the Policy for claims asserted by FDIC-R 

against the Settling Defendants. 

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

avoid the uncertainty and expense of further litigation. 

l\OW, THEREfORE, in consideration of the promises, undertakings, payments, and 

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

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

SECTION 1: Payment to F.DIC-R 

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

calendar days following the date this Agreement is executed by all Parties, the Insurer, on behalf 

of the Settling Defendants, agrees to pay the FDIC-R the sum of TWO MILLION NINE 

HUNDRED THOUSAND DOLLARS ($2,900,000.00) ("the Settlement Payment"). 

B. The Insurer, on behalfofthe Settling Defendants, shall deliver the Settlement 

Payment to the FDIC-R by direct wire transfer into an account designated by FDIC-R by notice 

to the attorneys for the Settling Defendants and Insurer. ~o less than ten ( 1 0) days before 

payment is due, the FDIC-R shall provide the Insurer with full wiring instructions and an 

executed Form W-9 fot· the designated account. 

C. Ifthe FDIC-R docs 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 (including all accrued interest) 

to: 

2 

(b)(4) ······················ ................... . 
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. § 6621(a)(3); or 

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

Insurer agree to jurisdiction in United States District Court for the Middle District of Florida and 

to pay all of the FDIC~R's reasonable attorney's fees and costs expended in enforcing the terms 

ofthis Agreement; or 

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

the Settling Defendants and Insurer agree to consent, and re-institute an action on the FDIC~R's 

claims. The Settling Defendants and Insurer further agree to waive and not assett objections, 

defenses, claims or counterclaims, including any defense based on any statute of lirn:tations that 

bar any of the FDIC-R's claims, that 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.I for delivery of the Settlement Payment or 

acceptance of a portion ofthe Settlement Payment shall not prejudice the FDJC-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: Stipulation and Dismissal 

Within ten business days after the latter of (I) full execution of this Agreement by all of 

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

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

hereto, in the form attached hereto as Exhibit A, in the D&O Action. In addition, the FDIC-R 

shall file a withdrawal of claim with prejudice, in the form attached hereto as Exhibit B, of the 

FDIC-R's claim in the probate action entitled In Re the Estate qf'Ronald Copenhaver pending in 

the Circuit Court in and for Pinellas County, Florida, Case Number: 14-001068-ES. 

3 
SECTION III: Releases 

A. The FDIC-R 's Releases. 

Upon receipt of the Settlement Payment in full and except as provided in Section III.D., 

the FDTC-R, for itself and its successors and assigns, hereby releases and discharges: 

1. The s~ttling Defendants 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 performance, nonperformance, or 

manner of performance 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. 

2. Insurer, its parents, subsidiaries, affiliates and reinsurers, and its 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 Policy. As part of this release of the 

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

3. All other former directors, officers, and employees of the Bank 

(collectively, the "Covered Persons") 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 relute 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 Banic including without limitation the causes of action 

alleged in the D&O Action. 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 liLA. above, the Settling 

4 
Defendants, on behalf of themselves individually, and their respective heirs, executors, trustees, 

administrators, agtmts, representatives, attorneys, successors, and assigns, hereby release and 

discharge: 

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 law or in equity, that arise from or relate to, the Bank or to 

the performance, nonperformance, or manner of performance of the Settling Defendants' 

respective functions, duties and actions as officers and/or directors ofthe Bank including without 

limitation the causes of action alleged in the D&O Action. 

2. Insurer, its parents, subsidiaries, affiliates and reinsurers, and its 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 Policy. As part of this release of the 

Insurer, the Settling Defendants agree that any interest they have under the Policy is 

extinguished. 

3. Each other and each other's 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, that arise from or relate to the 

D&O Action. 

C. The Insurer's Release. 

Effective simultaneously with the releases granted in Section II I.A. above, Insurer, 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 FDIC-R, and its employees, officers, directors, agents, 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 

Policy. 

5 
2. Each ofthc Settling Defendants 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, that 

arise from or relate to the D&O Action. "f\;othing in this release shall affect any defense to 

Coverage Insurer may have with respect to any claim that may be asserted against it in the future, 

if any, connection with the Policy or otherwise. 

D. Excgntions from Releases by FDIC-R. 

I. Notwithstanding any other provision ofthis Agreement, the FDIC-R does 

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

been executed, any claims or causes of action: 

a. Against the Settling Defendants 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 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 Rank 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. ~otwithstanding any other provision ofthis 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 or other proceedings seeking removal, prohibition, or any other relief it is 

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

3. Notwithstanding any other provision of this Agreement, this Agrccmc.:nt 

dot:s 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 
6. In addition, the FDIC-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 ct. scg., if appropriate. 

SECTIO~ IV: Waiver of Dividends and Proceeds from Litigation 

To the extent, if any, that Settling Defendants arc or were shareholders ofthe Dank or its 

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

distribution upon resolution ofthe 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 Rank, 

or any alleged acts or omissions by the Federal Deposit Insurance Corporation in any capacity, 

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

connection with the Hank, its conservatorship, or receivership, Settling Defendants hereby 

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

dividends, payments, or other distributions, or proceeds. 

SECTION V: Representations and Acknowledgements 

A. Auth<rrizcd 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 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 ofthe 

unde.rs.igned Parties and their respective heirs, executors, trustees, administrators, representatives, 

successors and assigns. 

A. 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. 

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 

7 
reasonably necessary to effectuate the signing, delivery, execution, fjling, recording, and entry, 

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

this Agreement. 

SECTION VH: Other Matters 

A No Adm.i$§_ion 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 liability 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 tenns. 

U. .Exe_c;ution in CQu_t.!t~rnarts. This Agreement may be executed in counterparts by 

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

the final Agrccn:ent, 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 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 Jaws ofthe State of Florida. 

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

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

If to the FDIC-R: 

Glenn A. Harris 

Legal Division, Federal Deposit Insurance Corporation 

350 I Fairfax Drive 

Arlington, VA ;:- 22:.:::.:: -----, 

(b)(6) _____ _Email.addt:cs91---

If to the Settling Defendants Eileen J. Mangano, as Personal Representative ofthe Estate 

of Ronald Copenhaver, Camden Ted French, Robert Wade I larris, and Lisa Ulrich: 
(b)(6) 

(b)(6) 

(b)(6) 

(b)(6) 

llowani K. Coates, Jr. 

~cDonald Hopkins LLC 

505 S. Flagler Drive, Suite 300 

West Palm Bcar.;c;.;.;·h._, .;..F;;;;L..;;3..;;,3...;,4.;;.0.;..l ______ ___, 

........... Ji.maiLad1.lrcss:._l_--___________ _. 

If to the Settling Defendant Corey J. Coughlin: 

A. George lgler 

Adams and Reese LLP 

2457 Care Drive 

Tallahassee, FL 32308 

.................. .EmaiLaddress: .... ,...(.-...... ----------. 

If to the Settling Defendants John Tzarmctakis and Michael Worthington: 

Lawrence A. Kellogg 

Levine, Kellogg, Lehman, Schneider- Grossman LLP 

201 South Biscayne Boulevard 

22nd Floor, Miami Center 

.Miami, FL 331,_3..;.,1 ____ ___, 

........... Em.ail .. .addr.ess: .. J.__···· _____ _. 

Ifto Insurer: 

E. 

Lewis K. Loss 

Loss, Judge & Ward, LLP 

I 13 3 2 I st Street, N. W. 

Washington, D,.;C;......;;;2..;;.0.;;.03;;...6;;..._ ___ _, 

m.EmaiLadctrcss.:L..I ______ _. 

_Entire AgrecmerJ.t at}d ~-!IJ~!l<hl!~_t:th. This Agreement constitutes the entire 

a!,1fccmcnt 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 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. 

9 
~......__._____.._. __ ~ _ _.._..~ -~· ...... ----· 

(b)(6) 

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

shall not be co.nfidential and will be disclosed pursuant to the Federal Deposit Insurance 

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

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. 

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

Date: 7-Z~- /cf 

Date: __ 

Date: _ _ _ 

Date: 

Date: __ _ 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIV..ER FOR FIRST STATE BANK 

················································ ································································ ................. . 

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

TITLE: Counsel 

PRINT NAME: Glenn A Harris 

EILEEN J. MANGANO, as Personal Representative 

ofthe Estate of Ronald H. Copenhaver 

COREY J. COUGHLIN 

BY: ____________ _ 

TITLE: Attorney in Fact 

PRJNTNAME: 

CAMDEN TED FRENCH 

ROBERT WADE HARRIS 

\0 
Jul 12 14 03:03p Mangano 727-523-1996 p.1 

(b)(6) 

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

shall no~ be contidcntial and will be disclosed pursuant to the Federal Deposit Insurance 

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

I:N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

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

Date: __ 

:,::;]:X~ 

Date: ----

Date: ----

Date: 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECElVERFORFIRST STATE B.A,'\IK 

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

TITLE: Cotmsel 

PRINT NAME: Glenn A. Harris 

Ef'LEEN J. MANGANO, as Personal~eprcsentative 

of the Estate of Ronald H. Copenhaver 

COREY J. COUGHLIN 

BY: 

TITLE: Attorney in Face 

PRINT NA.t\1E; 

CAMDEN TED FRENCH 

ROBERT WADE HARRIS 

10 
(b)(6) 

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 h.,reinafter subscribed. 

Date: .......... .. 

Date: 

Date: .J .. (J. 2-_11 tf 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR FIRST STATE BANK 

BY:-··--····-·····-·---·-·······--·----------

TITLE: Counsel 

PRINT NAME: Glenn A. Harris 

EILEEN J. MANGANO, as Personal Representative 

ofthe Estate of Ronald H. Copenhaver 

............... -..... -·--·--·-··-· .. ------::-.:: 

COR Y I COUGHLl 

- · -- BY• .............................................................................................. .. 

PRINT NAME: 

Date: __ _ ·--......................... --- CAMDEN TED FRENCH 

Date: __ _ 

ROBERT WADE HARRIS 

10 
(b )(6) 

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 . 

.TN WlTNESS 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. 

Date: 

Date: 

Date: ___ __ 

·-------······- ····--·-

Date: 7-1(,-/ £/ 

Date: ___ _ 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR FIRST STATE BANK 

BY: ____________________ _ 

TITLE: Counsel 

PRINT NAME: Glenn A. Harris 

EILEEN J. MANGANO, as Personal Representative 

of the Estate of Ronald H. Copenhaver 

COREY J. COuGHLTN 

BY: ________________________ _ 

TITLE: Attomey in Fact 

Ek'ii!ffiN T F NCII 

ROBERT WADE HARRIS 

tO 
(b)(6) 

G. _tlo Confidentiality. The undersigned Parties acknowledge that this Agreement 

shall not be confidential a::1d 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 d·Jly authorized representatives on the dutes hereinafter subscribed. 

Date: 

Date: 

Date: 

Date: ___ __ 

_, ;)/) Date: 1 -~ (.'O/ ( -·· --

FEDERAL DEPOSIT lNSURANCE CORPORATION AS 

RECE.tVER FOR PIRS~ TE ~A~~---·-·--- --- ·· 

BY: _____________ __ 

TITLE: Counsel 

PRINT ~AME: GJcnn A." Harris 

. ~ .. 

EILEE~ J. MANGANO, as Personal Representative 

of the Estate of Ronald H. Copenhaver 

COREY J. COUGHLIN 

BY: 

TITLE: Attorney in Fact 

PRINT NAME: 

·------ ---· CAMDEN TED FRE)ICH 

.· ROBERT WADEHARRJS v 

10 
(b )(6) ........................................ ·-.. -... - .. -.... -.................... ,_ ............................................................. -- .... -- ..... ---~-

TZANNETAKIS 

Date:_-+--

USA ULRICH 

Date: --t--

MICHAEL K. WORTHINGTON 

PROGRESSIVE CASUALTY INSURANCE COMPANY 

Date: _ _ BY: __ _ 

TITLE: 

PRINT NAME: 

1 I 
Date: ------· ...,...,...,....,.--,---,----,-----,---.,.------------- JOHN TZANNETAKJS 

(b)(6) ___ _ 

Date: ,:PJJ I 

00

LISA ULRICH 

Date: __ ·--,-----.... --~·-··--····· ·· ----· MICHAEL K. WORTHINGTON 

PROGRESSIVE CASCALTY INSURANCE COMPANY 

Date: _ _ BY: _____ _ 

TITLE: 

PRINT NAME: 

II 
Date: __ 

JOHN TZANNET AKIS 

Date: __ _ --:---- -·· ·-· .. ··------··-··---······ -- LISA ULRICH 

(b)(6) ___ ~ _ ! ·······································-- __ 

MICHAEL K. WORTHINGTON 

Dale: 

PROGRESSIVE CASUALTY INSURANCE COMPANY 

BY: 

TITLE: 

PRINT NAME: 

ll 
Date: 

JOHN TZANNETAKIS 

Date:-----·---- ·-----·-·---·-- LISA ULRICH 

Date: ---·----------- MICHAEL K. WORTHINGTON 

PROGRESSIVE CASUALTY INSURANCE COMPANY 

(b)(6) uare:~7/z4!1'{ ······································································································Byd l 

TITLE: C/u 1 r~,S )fJ ec /CA /t .c;.· i 5~ 

PRINT NAME: L CL".v""'~ vue € __ D L- e.J2ol-e t' S 

ll 
Exhibit ''A" 
UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF FLORIDA 

TAMPA DIVISION 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

FIRST STATE BANK, 

Plaintiff, 

V. 

EILEEN J. MANGANO, as Personal 

Representative. of the Estate of 

RONALD H. COPENHAVER, COREY J. 

COUGHLIN, CAMDEN TED FRENCH a/k/a 

C. TED FRENCH, ROBERT WADE HARRIS 

alk/aR. WADE HARRIS, JOHN 

TZANNETAKIS, LISA ULRICH, and 

MICHAEL K. WORTHINGTON, 

Defendants. 

.Case No.: 8:13-cv-02037-YMC-TBM 

__________________________________ ./ 

.JOINT STIPULATION OF DISMISSAL WITH PREJUDICE 

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

Deposit Insurance Corporation as Receiver for First State Bank ("Plaintiff' or .. FDIC-R"), 

and Defendants, Eileen J. Mangano, as personal Representative of the Estate of Ronald H. 

Copenhaver, Corey J. Coughlin, Camden Ted French, Robert Wade Harris, John 

Tzannetakis, Lisa Ulrich, and Michael K. Worthington (collectively, "Defendants") (Plaintiff 

and Defendants shall hereinafter be collectively referred to as "Parties") hereby stipulate to 

the dismissal of this matter, with prejudice, with all Parties to bear their own costs and 

attorneys' fees. 
(b)(6) . 

The Parties respectfully request that the Court enter an Order dismissing this matter 

with prejudice and retaining jurisdiction to enforce the terms of the Settlement and Release 

Agreement entered into by the Parties on or about _, 2014. 

Date: August_, 2014 Respectfully submitted, 

/s/ 

Barbara Viniegra 

Florida Bar Number 71690 I 

CONCEPCION MARTINEZ & PUENTE 

255 Aragon A venue, 2nd Floor 

Coral Gables, FL 33134 

Telephone: (305) 444-6669 

Facsimile: (305) 444-3665 

.......... E:::mai.l: ... L-:1:- ..... _. ~-=---~=~"":'!"""___. Counsel for Plaintiff FDJC-R 

Is/ 

Howard K. Coates, Jr. 

Florida Bar Number 714306 

Courtney G. Tito 

Florida Bar Number 726141 

McDonald. Hopkins LLC 

505 S. Flagler Drive, Suite 300 

West Palm Beach, FL 33401 

Telephone: (561) 472-2121 

Facsimile: (561)471-2122 

(b )(6).. .... .g::l!li!il:.:=l= .. "=""""="""'=""""'=""""="" =· ========: 

(b )(6 )_ . . ..... -· . ···········~'-= ......... ~ ..... ~ .......... _ .......... -:-......... _... ..---:=":"-:---""":"""":~____. Counselfor Defendants Eileen J. Mangano, as Personal 

Representath'e (?/the Estate (?/Ronald H. Copenhaver, 

C. Ted French, Robert Wade. Harris, and Usa Ulrich 

2 
(b)(6) .... 

(b)(6) 

(b)(6) ... 

(b)(6) ... o•m•• 

Is/ 

A. George lgler 

Florida Bar Number 279927 

Adams and Reese LLP 

2457 Care Drive 

Tallahassee, FL 32308 

Telephone: (850) 878-2411 

Facsimile: (850)878-1230 

............... E:::mai.l: ...... ._l_-····-·· _______ ...... 

Counselfor Defendant 

Corey J. Coughlin 

Is/ 

Robert Jerald Angerer, Jr. 

Florida Bar Number 995381 

Angerer & Angerer 

2903 Royal Isle Dr. 

P.O. Box I 0468 

Tallahassee, FL 32302 

HH §:m~il: 1- ·· I 

Co-Counsel}or Defendant Corey J. Coughlin 

Is/ 

Lawrence A. Kellogg 

Florida Bar Number 32860 I 

Jason Kellogg 

Florida Bar Number 578401 

Levine, Kellogg, Lehman, Schneider + 

Grossman LLP 

201 South Biscayne Boulevard 

22nd Floor, Miami Center 

Miami, FL 33131 

§:•~':·-~~:t .. :·· .. I 

Counsel for Defendants John Tzannetakis 

and Michael K. Worthington 

3 
CERTIFICATE OF SERVICE 

I hereby certify that on August __ , 2014, l electronically filed the foregoing 

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

document is being served this day on all counsel of record or pro se. parties. identified on the 

attached Service List in the manner specified, either via transmission of Notices of Electronic 

Filing generated by CM/ECF or in some other authorized manner for those counsel or parties 

who are not authorized to receive electronically Notices of Electronic Filing. 

Is/ Barbara Viniegra 

SERVICE LIST 

Carlos F. Concepcion, Esq. 

(b)(6) .... L m···· ... . I 

(Served via Transmission or Notices of Electronic 

Filing generated by CM/ECF) 

Barbara Vinjegra, Esg 

(b)(6) •••• lm••••• I 

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

Concepcion, Martinez & Puente 

255 Aragon Ave., 2nd Floor 

Coral Gables, FL 33134 

Counselfor FDIC-R 

Howard K. Coates. Jr. Esq. (Served via Transmission or Notices of Electronic 

Filing generated by CM/ECF) 

4 
Robert Jerald Angerer, Jr., Esq. 

(b)(6) _____ ... . I ...... --·--· I 

Angerer & Angerer 

2903 Royal Isle Dr. 

P.O. Box I 0468 

Tallahassee, FL 32302 

(Served via Transmission or Notices of Electronic 

Filing generated by CM/ECF) 

Co-Counse/f(Jr D4f.~ndant Corey J. Coughlin 

A. George lgler, Esq. 

(b )(6) ... . _ .. .\;;...1-:- ......... ":"""" ......... _ ..... _... ----=-=~---:""":'-=--...... 

(Served via Transmission or Notices of Electronic 

Filing generated by CM/ECF) 

Adams and Reese LLP 

2457 Care Drive 

Tallahassee, FL 32308 

Co-Counse/f(~r D4f.~ndant Corey J. Coughlin 

Lawrence A. Kellogg, Esq. 

(b)(6) ___ .................. .... 1---················ ···· ···· ··· I 

(Served via Transmission or Notices of Electronic 

Filing generated by CM/ECF) 

Jason Kellogg, Esq. 

(b)(6) ___ .................. .... .... 1------····· ···· I 

Levine, Kel1ogg, Lehman, Schneider+ 

Grossman LLP 

20 I South Biscayne Boulevard 

22nd Floor, Miami Center 

Miami, FL 33131 

Counselfor Defendants John Tzamzetakis 

and Michael K. Worthington 

5 
Exhibit ''B'' 
IN THE 6111 JUDICIAL CIRCUIT COURT 

FOR PINELLAS COUNTY, FLORIDA 

IN RE: ESTATE 

OF 

PROBATE DIVISION 

RONALD H. COPENHAVER, Case No: 522014CPOOl068XXESXX 

Division: 4 

Deceased. ______________________________________________ ,/ 

NOTICE OF FILING VOLUNTARY DISMISSAL OF CLAIM WITH PREJUDICE 

To: Clerk of the Court for Pinellas County 

(-;.uardianship & Probate (hy U.S. \hi!) 

501 County Building 

501 Fi1·st Avenue ~orth 

St. Petersburg 33701 

The undersigned, CHARLES VERES, ESQ. and BARBARA VINIEGRA, ESQ., as CoCounsel for Federal Deposit Insurance Corporation as Receiver for First State Bank, Sarasota, 

Florida ("FDIC-R"), hereby gives notice of filing voluntary dismissal of its c1aim with prejudice. 

fi..>.:emted this day of ________ , 2014. 

CHARLES VERES, ESQ. 

Co-Counselfor Claimant FDIC-R 

CHARLES VERES, P.A. 

9055 S.W. 87 Avenue, Suite 306 

Miami, Florida 33176 

Tel: 305.665.R696 

Fax: 305.665.6577 

Florjda Bar No· 039 I X59 

(b)(6)....... ········fL... ______ ____. 

BARBARA VINIEGRA, ESQ. 

Co-Counselfor Claimant FDIC-R 

Concepcion, Martinez & Puenle 

255 Aragon A venue, 2nd Floor 

Coral Gables, Florida 33134 

Tel: 305.444.6669 ext. I 92 

Fax: 305.444.3665 

Florida Bar No. 716901 I Hl•m, ••••••••••• H •••• (P)(9.) 

CHARLES VERES, P.A. 

Attorney al Law