Simmons Bank v. First Capital Victoria LLC et alMOTION to DismissE.D. Ark.February 11, 2019IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SIMMONS BANK, TRUSTEE OF THE PLAINTIFF HEARTLAND BANK LIQUIDATING TRUST U/I/D MARCH 8, 2018 v. No.: 4:17-cv-00549-DPM FIRST CAPITAL VICTORIA, LLC; et al. DEFENDANTS PLAINTIFF’S MOTION TO DISMISS WITHOUT PREJUDICE AS TO FIRST CAPITAL RETAIL, LLC AND TO DISMISS WITHOUT PREJUDICE COUNTS III AND IV Under Federal Rule of Civil Procedure 41(a)(2), Simmons Bank, Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018 (“Simmons Bank”), moves to dismiss without prejudice its claims against First Capital Retail, LLC and moves to dismiss without prejudice Counts III and IV of the Verified Second Amended Complaint. Simmons Bank intends to maintain Count I of the Verified Second Amended Complaint against First Capital Victoria, LLC, First Capital Jourdanton, LLC, and First Capital, Hobbs, LLC and Count II of the Verified Second Amended Complaint against First Capital Real Estate Investments, LLC and Suneet Singal, which are the subject of Simmons Bank’s pending Motion for Partial Summary Judgment. WHEREFORE, Simmons Bank, Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018, prays that this Court dismiss without prejudice the Second Amended Complaint as to First Capital Retail, LLC and dismiss without prejudice Counts III and IV of the Second Amended Complaint. Case 4:17-cv-00549-DPM Document 105 Filed 02/11/19 Page 1 of 2 2 QUATTLEBAUM, GROOMS & TULL PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 (Telephone) (501) 379-3834 (Facsimile) cchiles@qgtlaw.com jprice@qgtlaw.com ckeller@qgtlaw.com By: /s/ Christoph Keller E. B. Chiles IV (96179) Joseph W. Price II (2007168) Christoph Keller (2015145) Attorneys for Simmons Bank, in its capacity as Trustee of the Heartland Bank Liquidating Trust U/I/D March 8, 2018 Case 4:17-cv-00549-DPM Document 105 Filed 02/11/19 Page 2 of 2
