Stillwagon v Innsbrook Golf & Marina, LLC, et al

Filing 191

ORDER GRANTING: 190 Joint Motion to Dismiss for consent order . It is hereby ORDERED, ADJUDGED, AND DECREED, that; 1) The Defendants counterclaims are dismissed with prejudice; 2) All Orders of this Court remain in effect; and 3) The Court retains jurisdiction solely to enforce the Settlement Agreement. Signed by Chief Judge James C. Dever III on 5/7/2015. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
Case No. 2:13-cv-00018-D
WILLIAM C. STILLWAGON,
Plaintiff,

v.

CONSENT ORDER OF DISMISSAL

INNSBROOK GOLF & MARINA, LLC
Aka INNSBROOK GOLF & BOAT, LLC
a North Carolina Liability Corporation;
RIAL CORPORATION, a North Carolina
Corporation; ALOIS RIEDER, an adult
Individual; and RICHARD RIEDER, an
Adult individual
Defendants.
On September 27, 2011, Plaintiff William C. Stillwagon filed a Complaint (the
"Complaint") against Defendants in the Pennsylvania Court of Common Pleas of Westmoreland
County, titled William C. Stillwagon v. INNSBROOK GOLF & MARINA, LLC aka INNSBROOK
GOLF & BOAT, LLC, a North Carolina Limited Liability Corporation; RIAL CORPORATION,
a North Carolina Corporation; ALOIS RIEDER, an adult individual; and RICHARD RIEDER,
an adult individual, Case No. 6264 of2011 CVS 1538 (the "Litigation'). [D.E. 1-2.] On October

20, 2011, Defendants removed the Litigation to federal court in the Western District of
Pennsylvania. [D.E. 1.] On March 20, 2013, United States District Judge Hornak transferred the
Litigation to the Eastern District ofNorth Carolina pursuant to 28 U.S.C. § 1404(a). [D.E.71.]
On June 20, 2013, Defendants filed an Answer and Counterclaims to Plaintiff's Second
Amended Complaint. [D.E. 96.] On July 5, 2013, Plaintiff filed an Answer and Affirmative
Defenses to Counterclaims. [D.E. 98.] On August 29, 2014, the Court granted Defendants'
Motion for Partial Summary Judgment as to the Enforceability of Severance Settlement
Agreement, finding the Severance Settlement Agreement that forms the basis of Plaintiff's
Exhibit 3 to Settlement Agreement

written contract claim unenforceable against Defendants. [D.E. 169.] On November 12, 2014,
the Court granted Defendants' Motion for Partial Summary Judgment as to Plaintiffs oral
contract claim. [D.E.

176.] The only claims remaining in the Litigation are Defendants

counterclaims against Plaintiff.
The parties to this Litigation have reached an agreement to resolve this civil action under
mutually agreeable terms as set forth in a confidential settlement agreement and release
("Settlement Agreement") and have moved for the entry of a Consent Order of Dismissal. [D.E.
186.]
NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED, that;

1) The Defendants counterclaims are dismissed with prejudice;
2) All Orders of this Court remain in effect; and
3) The Court retains jurisdiction solely to enforce the Settlement Agreement.

SO ORDERED.

~··. hr-vt-1

Exhibit 3 to Settlement Agreement