F.D.I.C. v. Frates
Citation | 44 F.Supp.2d 1176 |
Decision Date | 30 March 1999 |
Docket Number | No. 93-CV-123-H(J).,93-CV-123-H(J). |
Parties | FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Joseph A. FRATES, et al., Defendants. |
Court | U.S. District Court — Northern District of Oklahoma |
Frederic Dorwart, Jean Michael Medina, Fred Dorwart, Lawyers, Tulsa, OK, Paul DeMuro, Frederic Dorwart Laywers, Tulsa, OK, for Joseph A. Frates, defendant.
Thorn Huffman, San Antonio, TX, pro se.
James William Tilly, Craig Alan Fitzgerald, Tilly & Associates, Tulsa, OK, for David L. Fist, defendant.
Steven W. Simcoe, Kara Marie Dorssom, Barkley Rodolf, Tulsa, OK, Jeffrey C. Sacra, Holden Glendening & Turnbull, Tulsa, OK, for C. Michael Barkley, defendant.
William R. Turnbow, Andrew G. Lewis, Hershner Hunter Moulton Andrews & Neill, Eugene, OR, Carolyn Ann Arthur, Resolution Trust Corp., Dallas, TX, for Federal Deposit Insurance Corporation, counter-defendant.
Frederic Dorwart, Jean Michael Medina, Fred Dorwart, Lawyers, Tulsa, OK, for Joseph A. Frates, counter-claimant.
This matter comes before the Court on the Report and Recommendation of the United States Magistrate Judge (Docket # 392) with respect to Plaintiff's First Motion for Summary Judgment (Docket # 178), Plaintiff's Cross-Motion for Summary Judgment (Docket # 369), and Defendant Joseph A. Frates' Second Motion for Summary Judgment on Counts I and II (Docket # 356). Both Plaintiff and Defendant have filed objections to the report and recommendation and have filed responses to the objections.
When a party objects to the report and recommendation of a Magistrate Judge, Rule 72(b) of the Federal Rules of Civil Procedure provides in pertinent part that:
[t]he district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made in accordance with this rule. The district judge may accept, reject, or modify the recommendation decision, receive further evidence, or recommit the matter to the magistrate judge with instructions.
Based upon a careful review of the Report and Recommendation of the Magistrate Judge, the objections and responses of the parties, and the record, the Court finds that the Report and Recommendation granting Defendant's Motion for Summary Judgment and denying Plaintiff's Motions for Summary Judgment should be, and is hereby, adopted. Plaintiff's First Motion for Summary Judgment (Docket # 178) and Plaintiff's Cross-Motion for Summary Judgment (Docket # 369) are hereby denied. Defendant Joseph A. Frates' Second Motion for Summary Judgment on Counts I and II (Docket # 356) is hereby granted.
IT IS SO ORDERED.
REPORT AND RECOMMENDATION
The following motions are now before the Court:
1. "Plaintiff's First Motion for Summary Judgment (Breach of Contract and Warranty Claims)," [Doc. No. 178];1 2. "Defendant Joseph A. Frates' Second2 Motion for Summary Judgment on Counts I and II," [Doc. No. 356];3 and
3. "Plaintiff's Cross-Motion for Summary Judgment [regarding Mr. Frates' Second Motion for Summary Judgment on Counts I and II]," [Doc. No. 369].
All of these motions seek summary adjudication of the First and Second Claims For Relief in the Federal Deposit Insurance Corporation's ("FDIC") Third Amended Complaint. See Doc. No. 140. The First and Second Claims For Relief state causes of action solely against Defendant Joseph A. Frates.4 The undersigned has thoroughly reviewed the parties' briefs and the evidentiary materials submitted. The undersigned offers this report and recommends that Mr. Frates' motions for summary judgment be GRANTED and the FDIC's motions for summary judgment be DENIED.
As to the First Claim for Relief the undersigned finds that Mr. Frates had an enforceable obligation to personally guarantee Equivest...
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