Tambourine et al v. Westgate Myrtle Beach LLC et al

Filing 44

REVISED CONSENT ORDER FOR RELEASE OF FUNDS AND DISMISSAL. Signed by Honorable R Bryan Harwell on 1/4/2012. (hcic, )

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

FLORENCE DIVISION

CIVIL ACTION NUMBER: 4: II-CV-00250-RBH

Arthur Tambourine and Marlene Tambourine ,
Plaintiffs,
vs.
Westgate Myrtle Beach, LLC; CGI Sales,
LLC d/b/a Communique Sales, LLC; and
First American Title Insurance Company,

REVISED CONSENT ORDER FOR
RELEASE OF FUNDS AND DISMISSAL

Defendants.

This matter comes before the Court by consent pursuant to Rules 41 (a)(2) and 67 of the
Federal Rules of Civil Procedure, and Local Rule 67.01 D.S.C. The parties jointly seek that this
Court release funds in the amount of $43,000, previously deposited by Defendant, First
American Title Insurance Company, and including any interest accrued, with the Clerk of Court,
and dismiss the case with prejudice.

The Court is advised that the parties have reached an

agreement and the case is settled. Therefore, the funds should be released as follows: $36,000 to
counsel for Plaintiffs, Arthur and Marlene Tambourine, including 84% of any interest accrued;
and $7,000 to counsel for Defendants Westgate Myrtle Beach, LLC; and CGI Sales, LLC d/b/a
Communique Sales, LLC, including 16% of any interest accrued, for disbursement in accordance
with the executed Settlement Agreement and Release; and the case dismissed with prejudice.
IT IS THEREFORE ORDERED that the Clerk of Court release the $43,000 as follows:
$36,000 to counsel for Plaintiffs, Arthur and Marlene Tambourine, including 84% of any interest
accrued; and $7,000 to counsel for Defendants Westgate Myrtle Beach, LLC; and CGI Sales,
LLC d/b/a Communique Sales, LLC, including 16% of any interest accrued, for disbursement in

accordance with the executed Settlement Agreement and Release; and the case is dismissed with
prejudice.

1{a4L!!:J

IT IS SO ORDERED.

R. Bryan

rwell
United States District Judge

cJ,
Florence~uth

January

2012
Carolina

2

"

WE SO CONSENT:
TURNER PADGET GRAHAM & LANEY, PA
By: s/John S. Wilkerson, III

John S. Wilkerson, III

Fed. ID# 4657

P.O. Box 22129

Charleston, South Carolina 29413

Telephone: [phone]

Fax: [phone]

Email: [e-mail]

ATTORNEYS FOR WESTGATE MYRTLE
BEACH, LLC AND CGI SALES, LLC
D/B/A COMMUNIQUE SALES, LLC

THE FLOYD LAW FIRM, PC
By: sIBradley A. Floyd

Bradley A. Floyd

Fed. ID# 10075

P.O. Drawer 14607

Surfside Beach, SC 29587

Telephone: [phone]

Facsimile: [phone]

Email: [e-mail]

ATTORNEYS FOR PLAINTIFFS

77054162099.00108Pleading

3