Binns et al v. Saxe et al
ORDER that the parties' Joint Notice of Agreement to Consent Judgment 20 is Granted and that the attached CONSENT FINAL JUDGMENT is ENTERED on therecord of this case. The Clerk is directed to enter judgment in favor of Plaintiffs and against Defendants in accordance with the terms of the Consent Final Judgment and to terminate all motions and deadlines and Close this case. Signed by Judge J. Randal Hall on 4/3/17. (cmr)
IN THE UNITED
STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
ANDREW BINNS and DEBRA BINNS,
ADAM LAWRENCE SAXE,
This is an action by Plaintiffs to enforce a
judgment entered in favor
of Plaintiffs and against
County Court at West Cumbria,
Defendants and two non-parties,
(the "Foreign Judgment").
The Foreign Judgment was entered
and the Non-Parties
in the principal
of £308,234.59 along with £20,193.90 in interest.1
Foreign Judgment required Defendants and the Non-Parties to pay
1 On the date of the Foreign Judgment's entry, the conversion rate for
converting the British Pound to the U.S. Dollar was 1.5255.
outstanding payments at a rate of eight percent
with Ans. , Doc.
(8%) per annum.
8, 5 14.)
Defendants admit that the Foreign Judgment "is final,
seeking to recover on the
(See Compl., generally.)
Defendants were served with process on
2016 and filed their answer to Plaintiffs'
On March 20,
judgment and allotted Defendants ten days to respond thereto.
On March 29, 2017, the parties submitted a Joint Notice of
entered by this Court.
(Docs. 20, 20-1.)
The Joint Notice is
record of this
THEREFORE ORDERED that
(doc. 20) is GRANTED and
The Clerk is DIRECTED to ENTER JUDGMENT
Notice of Agreement to Consent Judgment
Upon due consideration of the pleadings,
all matters pending in the present action.
and CLOSE this
ORDER ENTERED at Augusta,
HONORABLE7 J. RANDAL HALL
unTted/states DISTRICT JUDGE
SOUTH-ERN DISTRICT OF GEORGIA
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
ANDREW BINNS and
CHRISTINA SAXE and
FILE NO. CV416-071
ADAM LAWRENCE SAXE,
CONSENT FINAL JUDGMENT
The Court, with the consent of all parties, as evidenced by the signatures of
the undersigned counsel, hereby FINDS, ORDERS and ADJUDGES as follows.
This action arises under the Georgia Uniform Foreign Country Money
Judgments Recognition Act, O.C.G.A. §§ 9-12-113, et seq. Plaintiffs obtained a
Judgment in the CountyCourt of WestCumbria, Englandon September3,2015 (the
"UK Judgment"), in the principal amount of £308,234.59 GBP (approximately
$470,211.87), jointly and severally, against the Defendants in the above-styled
action (the "Georgia Defendants" and the "Georgia Action," respectively) and the
defendants in a pending companion case styled Andrew Binns and Debra Binns v.
Cherin Marmon Saxe and Nicole Kim Marmon-Saxe, United States District Court,
Western District of North Carolina, Civil Action File No. l:16-CV-00066 (the
"North Carolina Defendants" and the "North Carolina Action," respectively). The
UK Judgment arises out of a claim on certain loans by Plaintiffs to the Georgia
Defendants and North Carolina Defendants and other issues relating to Defendants'
ownership and operation of an inn known as Ravenstone Manor. Plaintiffs, the
Georgia Defendants and the North Carolina Defendants, wishing to avoid the
investment of further resources in litigation and collection actions, have agreed to
globally resolve the issues between them and have consented to the entry of this
Consent Final Judgment.
Entry of Judgment.
The UK Judgment is recognized as a valid, final,
conclusive judgmentof the United Kingdom whichis enforceable and entitled to full
faith and credit under the Georgia Uniform Foreign Money Judgments Act,
O.C.G.A. §§ 9-12-113, et seq. Accordingly, final judgment is hereby entered in
favor of Plaintiffs and against the Georgia Defendants jointly and severally in the
principal sum of $537,335.48 (£434,956.95 GBP). The parties have agreed that
corresponding documentation1 may be entered in the North Carolina Action jointly
and severally against the North Carolina Defendants.
The North Carolina Defendants have agreed to a settlement secured by a
confession of judgment which shall not be filed except in the event of a breach.
Satisfaction of Judgment. The Defendants may satisfy this Consent Final
Judgment (and the corresponding UK Judgment and North Carolina obligation) by
paying the aggregate sum of thirty-two thousand pounds sterling (£32,000.00 GBP)
within fourteen (14) days ofthe entry of this Consent Final Judgment, and thereafter
paying two thousand four hundred pounds sterling (£2,400.00 GBP) per month for
thirty (30) consecutive months, with the first monthly payment due on May 1, 2017
and subsequent payments to be received on the 1st day of each month thereafter.
Upon the timely payment of all sums owed under this Consent Final Judgment,
Plaintiffs shall enter a Satisfaction ofJudgment in all jurisdictions in which judgment
has been entered in favor of Plaintiffs and against Defendants (including, but not
limited to this Court, the County Court of Cumbria, England and, if applicable, the
United States District Court for the Western District of North Carolina).
payments shall be owed in the foregoing amounts in British pounds sterling,
regardless of any fluctuations in currency values and net of any bank or transfer
charges, and paid direct to the Plaintiffs account, details of which shall be supplied
to the Defendants' undersigned counsel.
Notice of Default/Cure. In the event that Defendants fail to make timely
payment of any ofthe foregoing sums, Plaintiffs shall notify Defendants byemail of
suchfailure, by sending by emailto eachofthe following addresses/email addresses:
1415 £49* Street
With a copy to:
William Brent Ney
Ney Hoffecker Peacock and Hayle, LLC
1360 Peachtree Street
Atlanta, Georgia 30309
Nicola Kim Marmon-Saxe
c/o Vann Attorneys
1720 Hillsborough Street, Suite 200
Raleigh, NC 27605
or such other addresses/email addresses as Defendants may in the future supply.
Defendants shall have three (3) days from the receipt of such notice in which to cure
any alleged payment default, and such payment shall be considered timely for
purposes of Paragraph 2 of this Consent Final Order if received in Plaintiffs' account
within the three-day cure period.
Forbearance. So long as the Settlement Payments are timely made (or cured
within the three-day cure period established in Paragraph 3), Plaintiffs shallforebear
from collection activities of any kind. In the event that Defendants default upon any
payment and fail to cure as outlined above, Plaintiffs shall be entitled to collect the
full amount ofthe UK Judgment, less any payments made, jointly and severally from
any of the Georgia Defendants and/or the North Carolina Defendants.
Waiver and Release of Claims. Except for those claims listed separately in
this Paragraph, the parties hereby waive and release all claims of every kind against
the other, in every capacity (including as officers, directors and/or agents of
Ravenstone Manor, Ltd.), arising out of the matters, actions and allegations which
form the basis of this action, the North Carolina action and the previous action in the
United Kingdom, or which otherwise arise out of any financial arrangement or other
relationship between the Plaintiffs, on the one hand, and the Georgia Defendants
and/or North Carolina Defendants on the other hand, which precedes the date ofthis
Consent Final Judgment, including but not limited to any issue relating to
Ravenstone Hotel, Ravenstone Manor and Ravenstone Manor, Ltd. The parties
intend that this waiver and release be given the broadest interpretation allowed by
law. The claims specifically excluded from this waiver and release are those arising
out of the enforcement of this Consent Final Judgment, and the corresponding UK
Judgment and North Carolina obligations. Each party shall be responsible for their
own attorneys' fees.
SO ORDERED this
Judge, Ignited States District Court
Southern District of Georgia
Consented to by:
Consented to by:
/s/Manori de Silva
/s/William Brent Ney
MANORI DE SILVA
WILLIAM BRENT NEY
Georgia Bar No. 276087
Georgia Bar No. 542519
Attorney for Defendants
Admitted Pro Hac Vice
Attorney for Plaintiffs
Ney Hoffecker Peacock & Hayle, LLC
Stanton Law, LLC
One midtown Plaza
410 Plasters Avenue
1360 Peachtree Street NE
Atlanta, Georgia 30324
Atlanta, Georgia 30309
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