Dunes Village Properties LLC v. Baiden & Associates Inc et al

Filing 23

CONSENT ORDER STAYING CASE. Signed by Honorable R Bryan Harwell on 9/18/2012. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Dunes Village Properties, LLC

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Plaintiff,
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vs.
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Baiden & Associates, Inc.; Frank E.
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Baiden, Jr. and Frank E. Baiden, III
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Defendants. )
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____________________________________)

CA No. 4:11-cv-03511-RBH

CONSENT ORDER

This matter is before the Court on joint motion of the parties to stay this action for sixty
(60) days.
Plaintiff Dunes Village Properties, LLC (“Dunes Village”) filed this action pursuant to
the Racketeering Influenced and Corrupt Organization Act (“RICO”). Defendants Baiden &
Associates, Inc., Frank E. Baiden, Jr. and Frank E. Baiden, III (collectively “Defendants”) filed a
Motion to Dismiss and/or Motion for Summary Judgment and alternatively requested a stay of
this matter.
Plaintiff Dunes Village and Defendant Baiden & Associates, Inc. have been involved in
parallel proceedings in South Carolina state court and in arbitration proceedings. Currently,
Defendant Baiden & Associates, Inc.’s motion to confirm an arbitration decision is pending in
Horry County, South Carolina state court and Plaintiff Dunes Village has noticed an appeal to
the South Carolina Court of Appeals. Furthermore, the parties are engaged in meaningful
discussions that would resolve all matters.

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In light of these pending matters, the parties have requested that this Court stay the
federal RICO action for sixty (60) days. In so moving, the parties represent that the state court
proceedings and related discussions will likely have a material impact on continuation of the
RICO claim.
Further, the parties have advised the Court that should this matter not be resolved at the
conclusion of sixty (60) days, each party consents to the Court ruling on the pending motions
without oral argument based upon the assertions set forth in the parties’ written filings.
BY AND WITH THE CONSENT of the undersigned counsel, it is hereby ORDERED
that this matter is stayed for sixty (60) days from the date of this Order. If this matter is still
pending at the conclusion of sixty (60) days, the Court shall address all pending motions without
oral argument based upon the written filings.
ORDERED, ADJUDGED and DECREED that this matter is hereby stayed for sixty (60)
days.
IT IS SO ORDRED.

s/ R. Bryan Harwell
The Honorable R. Bryan Harwell
Judge, United States District Court
Florence, South Carolina
September 18, 2012

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I MOVE:

WE CONSENT:

s/John S. Simmons
John S. Simmons (Fed. ID 5000)
Simmons Law Firm, LLC
PO Box 5
Columbia, SC 29202
PH: 803-779-4600

s/Dunn D. Hollingsworth
Dunn D. Hollingsworth (Fed. ID 5918)
Robertson, Hollingsworth & Flynn
177 Meeting Street, Suite 300
Charleston, SC 29401
PH: 843-723-6470

Attorney for the Plaintiff

s/Joseph Griffith
Joseph P. Griffith, Jr.
Joe Griffith Law Firm, LLC
Seven State Street
Charleston, SC 29401
Attorneys for the Defendants

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