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GMAC Mortgage LLC v. Southport Bank

United States District Court, E.D. Pennsylvania

April 9, 2015

GMAC MORTGAGE LLC f/k/a GMAC MORTGAGE CORPORATION, Plaintiff,
v.
SOUTHPORT BANK, Defendant.

ORDER

ROBERT F. KELLY, Senior District Judge.

AND NOW, this 9th day of April, 2015, upon consideration of the parties' Cross-Motions for Summary Judgment, and the Responses, Replies, and Supplemental Briefing thereto, it is hereby ORDERED that:

1. Southport Bank's Motion for Summary Judgment (Doc. No. 37) is DENIED;
2. GMAC Mortgage LLC's Motion for Summary Judgment (Doc. No. 39) is GRANTED; and
3. According to the terms of the Correspondent Agreement, GMAC Mortgage LLC, as the prevailing party, is entitled to its costs, plus reasonable attorneys' fees and costs incurred in this action. (See Agreement ΒΆ 11.) Consequently, Southport's counterclaim for attorneys' fees and costs is DISMISSED. GMAC Mortgage LLC shall file documentation supporting its request for costs and attorneys' fees on or before April 23, 2015, and Southport Bank shall file any response thereto on or before May 7, 2015.

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