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)

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.
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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

[e-mail]
With a copy to:
William Brent Ney

Ney Hoffecker Peacock and Hayle, LLC
1360 Peachtree Street
Suite 1010

Atlanta, Georgia 30309
[e-mail]
and
Nicola Kim Marmon-Saxe
Cherin Marmon-Saxe

c/o Vann Attorneys
1720 Hillsborough Street, Suite 200
Raleigh, NC 27605

j [e-mail]

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

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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

[e-mail]

470-225-6646 (fax)

[e-mail]

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