Vista del Mar Condominiums LLC v. Dunn Southeast Inc et al

Filing 186

ORDER granting 185 Motion for Rubin Order for Dismissal of Specific Claims and Parties. Order dismissing the specified claims without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable J Michelle Childs on 1/30/2012.(hcic, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Vista Del Mar Condominiums, LLC,

)
)
Plaintiff,
)
)
-vs)
)
Dunn Southeast, Inc. d/b/a R.J. Griffin & )
Company; Nichols Brosch Wurst Wolfe & )
Associates, Inc; Newcomb & Boyd; and
)
Sto Corp.,
)
)
Defendants.
)
)
AND
)
)
Dunn Southeast, Inc. d/b/a R.J. Griffin & )
Company,
)
)
Third Party Plaintiff,
)
)
-vs)
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Cayce Company, Inc.; Great American
)
Insurance Company; BCI, Inc.; Cartner
)
Glass of Myrtle Beach, Inc.; Atlantic
)
Mutual Insurance Company; Glasstec, Inc.; )
Western Surety Company; Paradigm
)
Enterprises, Inc.; and Gulf Insurance
)
Company,
)
)
Third Party Defendants.
)
____________________________________)

C.A No.: 4:09-cv-02869-JMC

RUBIN ORDER FOR DISMISSAL
OF SPECIFIC CLAIMS AND PARTIES

The Court grants Plaintiff Vista Del Mar Condominiums, LLC (“Plaintiff”) and Third-Party
Plaintiff Dunn Southeast, Inc. d/b/a R.J. Griffin & Company’s (“R. J. Griffin”) Motion for Rubin
Order For Dismissal of Specific Claims and Parties [Doc. 185].
IT IS ORDERED that the following claims are hereby dismissed without costs and without
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prejudice:
1.
2.
3.

All of Plaintiff’s claims against R. J. Griffin and Sto Corp.;
All of R. J. Griffin’s claims against BCI, Inc., Paradigm Enterprises, Inc.
and Gulf Insurance Company; and
All of Plaintiff’s claims based on or in any way related to the “Waterproofing
Issues,” as described in Paragraphs 18-22 of Plaintiff’s Amended Complaint against
Nichols Brosch Wurst Wolfe & Associates, Inc.

If settlement is not consummated within sixty (60) days, either party may petition the Court
to reinstate these claims and restore them to the calendar. Fed. R. Civ. P. 60(b)(6). In the
alternative, to the extent permitted by law, either party may within sixty (60) days petition the Court
to enforce the settlement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 (4th Cir.
1978). By agreement of the parties, the court retains jurisdiction to enforce the settlement agreement.
Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381-82 (1994). The dismissal hereunder shall
be with prejudice if no action is taken under either alternative within sixty (60) days from the filing
date of this order.
This order applies only to the above-referenced claims and parties. Plaintiffs’ claims against
Nichols Brosch Wurst Wolfe & Associates, Inc. and Newcomb & Boyd related to the “Mold Issues”
as described in Paragraph 12-17 of Plaintiffs’ Amended Complaint are not dismissed or affected by
this order.
IT IS SO ORDERED.

United States District Judge

January 30, 2012
Greenville, South Carolina

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