Brooks et al v. Luv Homes et al

Filing 46

ORDER granting 44 Motion for arbitration and staying the case pending the conclusion of the arbitration Signed by Chief Judge Margaret B Seymour on 6/4/2012.(asni, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
James Brooks and Lucy Brooks,

)
)
Plaintiffs,
)
)
vs.
)
)
Luv Homes, CMH Homes, Inc.,
)
Oakwood Homes, Clayton Homes, )
World Custom Homes Enterprises, )
Inc., Jo Ann Espinoza, and John
)
Does 1-4,
)
)
Defendants. )
______________________________)

C.A. No.: 0:12-CV-00696-MBS

Consent Order
for Arbitration

It appears to the Court that Plaintiffs James Brooks and Lucy Brooks (“Plaintiffs”) and
Defendants Luv Homes, CMH Homes, Inc., Oakwood Homes, Clayton Homes, Jo Ann Espinoza
(collectively, “CMH Defendants”), and World Custom Homes Enterprises (collectively, “the
Parties”), through counsel, consent to the arbitration of the captioned lawsuit and to such
arbitration being conducted pursuant to the Retailer Closing Agreement that Plaintiffs entered
into with Defendant Luv Homes (“the Retailer Closing Agreement”) and the American
Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Procedures to the extent
that these rules and procedures do not conflict with the Retailer Closing Agreement’s arbitration
provisions.
As a result, IT IS HEREBY ORDERED that:
1. All claims in the captioned lawsuit shall be arbitrated pursuant to the Arbitration
Agreement and the AAA Commercial Arbitration Rules and Procedures to the
extent that these rules and procedures do not conflict with the Retailer Closing
Agreement’s arbitration provisions;

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2. The captioned lawsuit shall be stayed pending conclusion of the arbitration; and
3. The Court shall retain jurisdiction of the captioned matter for purposes of
enforcing this Order and to enter any Orders necessary regarding the Arbitration
decision.

/s/ Margaret B. Seymour
Chief United States District Judge
Columbia, South Carolina
June 4, 2012

WE CONSENT:
/s/ Clayton M. Custer
Clayton M. Custer (Fed. ID No. 8045)
[e-mail]
Catherine F. Wrenn (Fed. ID No. 10230)
[e-mail]
Womble Carlyle Sandridge & Rice, LLP
550 South Main Street, Suite 400
Greenville, South Carolina 29601
Phone: [phone]
Attorneys for Defendants Luv Homes, CMH Homes, Inc.,
Oakwood Homes, Clayton Homes, Jo Ann Espinoza

/s/Robert V. Phillips____________
Robert V. Phillips
[e-mail]
McGowan Hood and Felder
1539 Healthcare Drive
Rock Hill, South Carolina 29732
Phone: [phone]
Fax: [phone]
Attorney for Plaintiffs James and Lucy Brooks

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WCSR 7264794v1

/s/ Elizabeth A. Martineau______
Elizabeth A. Martineau
[e-mail]
P.O. Box 31188
Charlotte, North Carolina 28231
Phone: [phone]
Fax: [phone]
Attorney for Defendant World Custom Home Enterprises, Inc.

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WCSR 7264794v1