Retirement Committee of DAK Americas LLC, et al v. Smith, et al

Filing 245

CONSENT ORDER granting 229 Motion to Stay of Enforcement with Alternative Security - In lieu of supersedeas bond, the Amended Consent Order for Preliminary Injunction entered by this Court on March 24, 2014, [Doc. No. 50] is extended as to Defendants Rodney B. Smith, Mark Stephen Brewer, Warren Albert Garrison, James F. Holland, and Sidney Hugh Rhodes until disposition of the appeal, and enforcement of the Amended Judgment is hereby STAYED. Counsel for Defendants Rodney B. Smith, M ark Stephen Brewer, Warren Albert Garrison, James F. Holland, and Sidney Hugh Rhodes are DIRECTED to file a Notice in this action of the appellate court's decision within five (5) days of receiving it. The Clerk is DIRECTED to re-submit this matter to the undersigned for review upon Defendants' filing of that Notice. Signed by District Judge Louise Wood Flanagan on 6/3/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
CIVIL ACTION NO.: 7:14-CV-00036-FL
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RETIREMENT COMMITTEE OF DAK
AMERICAS LLC, as Plan Administrator
of the DAK Americas LLC Pension Plan;
and TRANSAMERICA RETIREMENT
SOLUTIONS CORPORATION,
Plaintiffs,
v.

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RODNEY B. SMITH, DAVID W.
ALLEN, MICHAEL LYNN BASS,
JOSEPH ALEXANDER BELLAMY,
MARK STEPHEN BREWER, JEROME
BRYANT, HAROLD E. CORBETT,
KELVIN L. GALLOWAY, WARREN
ALBERT GARRISON, JAMES F.
HOLLAND, WILLIAM LACEY
NELSON, SIDNEY HUGH RHODES,
JIMMIE RAY SELLERS, MENDELL W.
SMITH, and OTELLA IRENE WEBB,
Defendants.
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CONSENT ORDER

Plaintiffs hereby consent to stay enforcement of the Amended Judgment [Doc. No. 228]
pending the outcome of Defendants Rodney B. Smith, Mark Stephen Brewer, Warren Albert
Garrison, James F. Holland, and Sidney Hugh Rhodes' appeal to the Fourth Circuit Court of
Appeals with alternative security.
It is therefore ORDERED that in lieu of supersedeas bond, the Amended Consent Order
for Preliminary Injunction entered by this Court on March 24, 2014, [Doc. No. 50] is extended as
to Defendants Rodney B. Smith, Mark Stephen Brewer, Warren Albert Garrison, James F.
Holland, and Sidney Hugh Rhodes (“Defendants”) until disposition of the appeal, and
enforcement of the Amended Judgment is hereby STAYED. Each Defendant states that he is

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currently holding the amount of the Amended Judgment, excluding costs, entered against him in
an eligible retirement plan, account, or annuity, and that he has sufficient funds to pay any
interest accruing at .34% during the appeal, if said appeal is successful for Plaintiffs.
Counsel for Defendants Rodney B. Smith, Mark Stephen Brewer, Warren Albert
Garrison, James F. Holland, and Sidney Hugh Rhodes are DIRECTED to file a Notice in this
action of the appellate court's decision within five (5) days of receiving it.

The Clerk is

DIRECTED to re-submit this matter to the undersigned for review upon Defendants' filing of
that Notice.
3rd
SO ORDERED, this the ____ day of June, 2016..
______________________________
LOUISE W. FLANAGAN
United States District Judge