Opinion
CIVIL ACTION NO. 00-2001-M
August 13, 2001
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the entire record and the written objections filed herein, and concurring with the Magistrate Judges findings under the applicable law;
IT IS ORDERED that the motion for summary judgment filed on behalf of BancorpSouth Bank (formerly First Republic Bank) and William M. Crawford [Doc. #25] is DENIED.
IT IS FURTHER ORDERED that the motion for partial summary judgment filed on behalf of Stewart A. Cathey and Donna Barnhill Cathey [Doc. #32] is GRANTED finding that the provisions of the SSCRA are applicable to the facts of this case and provide a private cause of action for their violation, that plaintiffs' claims are not prescribed and that the Bank violated the provisions of § 526 of the SSCRA in failing to reduce the interest rate charged on plaintiffs' various obligations to them to no more than 6% per annum.
IT IS FURTHER ORDERED that the issue of entitlement vel non to damages, including causation and the amount thereof, is reserved for trial or for additional dispositive motions.
THUS ORDERED.