Binns et al v. Saxe et al

Filing 21

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ANDREW BINNS and DEBRA BINNS, * Plaintiffs, * * CV 416-071 * CHRISTINA SAXE and * ADAM LAWRENCE SAXE, * Defendants. * ORDER This is an action by Plaintiffs to enforce a judgment entered in favor More specifically, judgment against Saxe and of Plaintiffs and against on September Kim Marmon-Saxe County Court at West Cumbria, (See Compl., against 3, 2015, Plaintiffs Defendants and two non-parties, Nicola Doc. 1, Defendants Ex. foreign money (the England 1.) Defendants. obtained a Cherin Marmon- "Non-Parties"), in the (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 amount (IdJ The Foreign Judgment required Defendants and the Non-Parties to pay the aforementioned £15,000.00 fourteen sums towards days of - along Plaintiffs' its entry, with costs with - an to interest interim Plaintiffs to accrue payment within on all 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. (Compare Compl. 1 15, with Ans., Doc. 8, 1 15.) outstanding payments at a rate of eight percent (Id.) Defendants (Compare Compl. have I 14; not appealed with Ans. , Doc. the (8%) per annum. Foreign 8, 5 14.) Significantly, Defendants admit that the Foreign Judgment "is final, and enforceable further in the appeal." United Kingdom (Compare Compl. 1? and 14, is 17; Judgment. conclusive not subject with Ans. H to 14, 17.) On March against 2016, Defendants Georgia's Act, 14, as Uniform O.C.G.A. § Plaintiffs a foreign seeking to recover on the (See Compl., generally.) May 11, May this diversity judgment Foreign-Country et 9-12-110, filed creditor Money Judgments seq. (the Foreign Judgment 2016. Plaintiffs a Money Judgment. provided Defendants Plaintiffs' Motion 6, Motion (Doc. 7, 8.) for 17.) with for to Recognition against Act"), Defendants. Defendants were served with process on (Docs. filed pursuant "Recognition 2016 and filed their answer to Plaintiffs' 24, action On February Recognition of On March 20, notice that Recognition as it a complaint on 16, Foreign 2017, Country this Court intended motion 2017, to for treat summary judgment and allotted Defendants ten days to respond thereto. (Docs. 18, 19.) On March 29, 2017, the parties submitted a Joint Notice of Agreement consent to final Consent judgment entered by this Court. Judgment (the attaching "Consent Final (Docs. 20, 20-1.) 2 thereto a proposed Judgment") to be The Joint Notice is signed by each settlement on 20.) party (Doc. states that the parties the Consent Final Judgment is properly entry of Judgment is relevant law. before judgment on the appropriate IT IS the Court, terms under the the attached record of this favor the of terms motions case. the Court in finds forth the Recognition THEREFORE ORDERED that Consent (Doc. by each Final the and other that Consent Act the Final and other the parties' Joint (doc. 20) is GRANTED and Judgment is ENTERED on the The Clerk is DIRECTED to ENTER JUDGMENT Plaintiffs of signed filings, set Notice of Agreement to Consent Judgment that reached 20-1.) Upon due consideration of the pleadings, matters have all matters pending in the present action. Similarly, party. and and Consent and deadlines against Final Defendants Judgment and CLOSE this ORDER ENTERED at Augusta, in and accordance to TERMINATE in with all case. Georgia, this ^^ day of , 2017 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 SAVANNAH DIVISION ANDREW BINNS and DEBRA BINNS, Plaintiffs, v. CIVIL ACTION CHRISTINA SAXE and FILE NO. CV416-071 ADAM LAWRENCE SAXE, Defendants. 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. FINDINGS 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. JUDGMENT 1. 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. 1 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. -2- 2. 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). All 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. 3. 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: Adam Saxe Christina Saxe 1415 £49* Street Savannah 31404 With a copy to: William Brent Ney Ney Hoffecker Peacock and Hayle, LLC 1360 Peachtree Street Suite 1010 Atlanta, Georgia 30309 and Nicola Kim Marmon-Saxe Cherin Marmon-Saxe c/o Vann Attorneys 1720 Hillsborough Street, Suite 200 Raleigh, NC 27605 j 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. 4. 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 -4 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. 5. 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. -5- SO ORDERED this t^J day of •17.. HONO^cBLEL RAKDALLHALL 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 Suite 1010 Suite 200 1360 Peachtree Street NE Atlanta, Georgia 30324 Atlanta, Georgia 30309 404-881-1288 404-842-7232 470-225-6646 (fax) -6-

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