Terry et al v. Suntrust Banks Inc et al

Filing 120

ORDER granting 251 MOTION for Order Providing for Formal Recognition of Assignments and Permitting Issuance of Distributions in Name of Argo Partners, as Assignor, Under Order Approving Class Action Settlement and Final Judgment (ECF No. 119 in case 8:09-cv-00415-JFA). Signed by Honorable Joseph F Anderson, Jr on 03/22/2013. Associated Cases: 8:09-mn-02054-JFA, 8:09-cv-00415-JFA(bshr, )

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

IN RE: LANDAMERICA 1031 EXCHANGE
)
SERVICES, INC. INTERNAL REVENUE
)
SERVICE § 1031 TAX DEFERRED
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EXCHANGE LITIGATION
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__________________________________________)
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Angela M. Arthur, as Trustee of the Arthur
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Declaration of Trust, dated December 29, 1988; )
Vivian R. Hays, an individual; Leapin Eagle,
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LLC, a limited liability company; Denise J.
)
Wilson, an individual; Gerald R. Terry, an
)
individual, Ann T. Robbins, an individual; and )
Jane T. Evans, an individual; on their own
)
behalf and on behalf of a class of others
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similarly situated,
)
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Plaintiffs,
)
)
v.
)
)
Theodore L. Chandler, Jr.; G. William Evans; )
Stephen Connor; Ronald B. Ramos; Devon M. )
Jones; and Brenton J. Allen,
)
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Defendants.
)
__________________________________________)

MDL No. 2054

Southern District of California
C.A. No. 3:09-cv-00054

District of South Carolina
C.A. No.: 8:09-cv-00415

ORDER GRANTING MOTION OF ARGO PARTNERS FOR ORDER PROVIDING
FOR FORMAL RECOGNITION OF ASSIGNMENTS AND PERMITTING ISSUANCE
OF DISTRIBUTIONS IN NAME OF ARGO PARTNERS, AS ASSIGNOR, UNDER
ORDER APPROVING CLASS ACTION SETTLEMENT AND FINAL JUDGMENT
On March 4, 2013, Argo Partners, Argo Partners II LLC and Argo Partners III LLC
(collectively, "Argo") filed the "Notice of Motion and Motion of Argo Partners for Order
Providing for Formal Recognition of Assignments and Permitting Issuance of Distributions in
Name of Argo Partners, as Assignor, Under Order Approving Class Action Settlement and Final
Judgment," seeking formal recognition of the following Assignments of Claim (each, an

"Assignment," and, collectively, the "Assignments"), and further seeking an order of this Court
providing that any and all distributions originally owing to the below-identified assignors (each,
an "Assignor" and, collectively, the "Assignors") be made directly to Argo and without the need
for the submission of any further documentation to the Class Counsel1 or the Settlement Agent:
ASSIGNOR
Assignor: Bruno Bornino and Kathleen Joan
Assignor: Wayne Ray and Kimberly Rae Kidd
Assignor: Netreit Inc.
Assignor: Dean and Kristie Bair
Assignor: The Arthur Declaration of Trust
Assignor: Teresa Barbos
Assignor: A&R Properties, LL
Assignor: 254 Realty Management, LL
Assignor: Beck Street Associates, L
Assignor: The Guido and Xochitl Gil Living Trus
Assignor: Gold Mine Enterprises
Assignor: Natram Associate
Assignor: Alvin Delroy Pavlicek
Assignor: Sonia Rivera Associates, LP

No objections to the relief having been received within seventeen (17) days from the date of
service of the Motion by Argo via Certified Mail, and upon a finding of due and sufficient notice
of the requested relief to the Assignors, each of which were served at the last known address
thereof
IT IS HEREBY ORDERED:
1.

Argo shall receive, without the need for any further submissions or

documentation, any and all distributions due and owing to the Assignors under the Settlement
and Judgment Order;
2.

To the extent distributions have previously been made and are therefore presently

due and owing on account of the Subject Assignments, Class Counsel and the Settlement Agent
shall, within thirty (30) days from the date of entry hereof, take any and all actions necessary to

1

All capitalized terms that are not otherwise defined herein shall have the meaning ascribed thereto in the Court's
Settlement and Judgment Order.

2

cause distributions due and owing on account of the claims that are the subject of the Subject
Assignments to be made to Argo;
3.

Neither Class Counsel nor the Settlement Agent shall have or incur any liability

on account of the distributions to be made to Argo hereunder.

IT IS SO ORDERED.

March 22, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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