Opinion
CIVIL ACTION NUMBER: 4:11-CV-0O250-RBH
01-04-2012
Arthur Tambourine and Marlene Tambourine, Plaintiffs, v. Westgate Myrtle Beach, LLC; CGI Sales, LLC d/b/a Communique Sales, LLC; and First American Title Insurance Company, Defendants.
TURNER PADGET GRAHAM & LANEY, PA John S. Wilkerson, III Fed. ID# 4657 ATTORNEYS FOR WESTGATE MYRTLE BEACH, LLC AND CGI SALES, LLC D/B/A COMMUNIQUE SALES, LLC THE FLOYD LAW FIRM, PC Bradley A. Floyd Fed. ID# 10075 P.O. Drawer 14607 Surfside Beach, SC 29587 ATTORNEYS FOR PLAINTIFFS
REVISED CONSENT ORDER FOR RELEASE OF FUNDS AND DISMISSAL
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.
IT IS SO ORDERED.
_____________
R. Bryan Harwell
United States District Judge
January 4, 2012
Florence, South Carolina
WE SO CONSENT:
TURNER PADGET GRAHAM & LANEY, PA By: _____________
John S. Wilkerson, III
Fed. ID# 4657
ATTORNEYS FOR WESTGATE MYRTLE
BEACH, LLC AND CGI SALES, LLC
D/B/A COMMUNIQUE SALES, LLC
THE FLOYD LAW FIRM, PC By: _____________
Bradley A. Floyd
Fed. ID# 10075
P.O. Drawer 14607
Surfside Beach, SC 29587
ATTORNEYS FOR PLAINTIFFS