United States of America v. Dawn Properties, Inc. et al

Filing 593

AGREED ORDER granting 592 Motion to Dismiss; granting 592 Motion to Substitute Party. Ordered that Rule 19 Defendant RS Belmont Apartments, LLC is dismissed as a Rule 19 Defendant, and Alcurt Biloxi II LLC is substituted in place of RS Belmont Ap artments, LLC as a Rule 19 Defendant in this case; and that Rule 19 Defendant Alcurt Biloxi II LLC shall comply with the terms of the Consent Order between the United States and RS Belmont Apartments, LLC, Docket No. 536, including but not limited to, permitting access to complete the required retrofits. Alcurt Biloxi II LLC added. RS Belmont Apartments, LLC terminated. Signed by District Judge Louis Guirola, Jr. on 1/5/18. (RLW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

)
)
)
v.
)
)
DAWN PROPERTIES, INC.,
)
SOUTHERN CROSS CONSTRUCTION
)
COMPANY, INC.,
)
RIDGELAND CONSTRUCTION ONE, LLC,
)
THE BEACH CLUB, LLC,
)
THE BELMONT OF LAMAR, LLC,
)
GRAND BISCAYNE APTS., LLC,
)
SEAINN, LLC, and
)
IKE W. THRASH,
)
Defendants,
)
and
)
)
SUMMER MISS, LLC,
)
14510 LEMOYNE BOULEVARD, LLC,
)
LEXINGTON MILL MISSISSIPPI OWNER, LLC, )
INN BY THE SEA HOME OWNERS
)
ASSOCIATION, INC., and
)
RS BELMONT APARTMENTS, LLC,
)
Rule 19 Defendants,
)
and
)
)
14510 LEMOYNE BOULEVARD, LLC,
)
Cross-claimant,
)
)
v.
)
)
GRAND BISCAYNE APTS., LLC and
)
IKE W. THRASH,
)
Cross-defendant and
)
Rule 19/20 Defendant to
)
Crossclaim.
)
)

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Case No. 1:14-cv-224-LG-JCG

AGREED ORDER OF DISMISSAL AND SUBSTITUTION OF PARTY
THIS MATTER is before the Court on the Joint Motion of Plaintiff and Rule 19 Defendant
RS Belmont Apartments, LLC to dismiss Defendant RS Belmont Apartments, LLC as a Rule 19
Defendant and substitute Alcurt Biloxi II LLC in its place as a Rule 19 Defendant [Docket No.
592]. The parties have advised the Court that the current owner of The Belmont (Biloxi)
Apartments is Alcurt Biloxi II LLC. The Court, having considered the Joint Motion and being
otherwise fully advised in the premises, finds that the Joint Motion is well-taken and should be
granted.
ACCORDINGLY, IT IS HEREBY ORDERED that Rule 19 Defendant RS Belmont
Apartments, LLC is dismissed as a Rule 19 Defendant, and Alcurt Biloxi II LLC is substituted in
place of RS Belmont Apartments, LLC as a Rule 19 Defendant in this case.
IT IS FURTHER ORDERED that Rule 19 Defendant Alcurt Biloxi II LLC shall comply
with the terms of the Consent Order between the United States and RS Belmont Apartments, LLC,
Docket No. 536, including but not limited to, permitting access to complete the required retrofits.
SO ORDERED AND ADJUDGED this the 5th day of January, 2018.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES. DISTRICT JUDGE

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AGREED:
For Plaintiff United States of America:
D. MICHAEL HURST, JR.
United States Attorney
Southern District of Mississippi

JOHN M. GORE
Acting Assistant Attorney General
Civil Rights Division

/s/Pshon Barrett
PSHON BARRETT
MS Bar # 2071
Assistant United States Attorney
Office of the United States Attorney
for the Southern District of
Mississippi
501 E. Court Street, Suite 4.430
Jackson, MS 39201
601-973-2842
[e-mail]

/s/ Julie J. Allen
SAMEENA SHINA MAJEED
Chief
MICHAEL S. MAURER
Deputy Chief
JULIE J. ALLEN, VA Bar # 41578
KINARA A. FLAGG, NY Bar # 5092143
AURORA R. BRYANT, LA Bar # 33447
Trial Attorneys
United States Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
950 Pennsylvania Avenue, N.W.
Northwestern Building
Washington, D.C. 20530
202-307-6275
202-514-1116 (fax)
[e-mail]
[e-mail]
[e-mail]

For RS Belmont Apartments, LLC and
Alcurt Biloxi II LLC
Fed. R. Civ. P. 19 Necessary Party:
/s/ Joseph Anthony Sclafani__________________
Joseph Anthony Sclafani, Esq. (MSB No. 99670)
BRUNINI, GRANTHAM, GROWER & HEWES, PLLC
Post Office Drawer 119
Jackson, Mississippi 39205
190 East Capitol Street, Suite 100
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Jackson, Mississippi 39201
Telephone: [phone]
Facsimile: [phone]
jsclafani@brunini

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