Filed: Jul. 11, 2016
Latest Update: Jul. 11, 2016
Summary: STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS DRAKE/ADESSO, LLC; HOLDER ADESSO, LLC; JRH ADESSO, LLC; JRH, LLC; AND JOHN R. HOLDER, INDIVIDUALLY JOSEPH F. ANDERSON, Jr. , District Judge . This matter comes before the Court upon motion of the Plaintiffs. The Plaintiffs stipulate to the dismissal of Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually without prejudice. This stipulation of dismissal without prejudice
Summary: STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS DRAKE/ADESSO, LLC; HOLDER ADESSO, LLC; JRH ADESSO, LLC; JRH, LLC; AND JOHN R. HOLDER, INDIVIDUALLY JOSEPH F. ANDERSON, Jr. , District Judge . This matter comes before the Court upon motion of the Plaintiffs. The Plaintiffs stipulate to the dismissal of Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually without prejudice. This stipulation of dismissal without prejudice i..
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STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS DRAKE/ADESSO, LLC; HOLDER ADESSO, LLC; JRH ADESSO, LLC; JRH, LLC; AND JOHN R. HOLDER, INDIVIDUALLY
JOSEPH F. ANDERSON, Jr., District Judge.
This matter comes before the Court upon motion of the Plaintiffs. The Plaintiffs stipulate to the dismissal of Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually without prejudice. This stipulation of dismissal without prejudice is subject to the Tolling Agreement attached as Exhibit A and incorporated herein by reference.
It is therefore, ORDERED that the Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually are dismissed without prejudice subject to the Tolling Agreement.
If Plaintiffs reinstate their claim against Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually as allowed by the Tolling Agreement, such reinstatement of the claim may be accomplished without further order from this Court.
IT IS SO ORDERED.
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION
ADESSO Homeowners' Association, as
controlled by the Owners since April 23,
2013, ADESSO Horizontal Property Case No. 3:16-cv-710-JFA
Regime, William Durkin and Sam Vause,
Jr. individually and on behalf of all others
similarly situated and Emad Tadros, M.D,
as Trustee of the Grace Living Trust as
owner of all retail units
Plaintiffs,
TOLLING AGREEMENT
-vs-
Holder Properties, Inc.;
ADESSO/Columbia, LLC; Drake/Adesso,
LLC; Holder Adesso, LLC; JRH Adesso,
LLC; JRH, LLC; John R. Holder,
Individually; ADESSO Homeowners
Association as controlled by the
Developers prior to April 23, 2013; Niles
Bolton Associates, Inc.; Browder +
LeGuizamon and Associates, Inc.; Hussey,
Gay, Bell & DeYoung, Inc., Consulting
Engineers; Jordan & Skala Engineers, Inc.;
Key Construction, Inc.; Ace Glass
Company, Inc.; Advanced Door Systems,
Inc.; All-South Electrical Constructors,
Inc.; Aquarian Pools of Columbia, Inc.;
Artistic Enterprises, Inc.; Fernandez
Contractors International, Inc. d/b/a
Benzach, Inc.; Commercial Building
Services, Inc.; Capitol City Custom Iron
Works & Fence, LLC; Flooring Services,
Inc.; Gill Plumbing Company; Guardian
Fence Suppliers of SC, Inc.; Hester
Drywall, Inc.; Holland Roofing, Inc.; SDI
Solutions, LLC d/b/a I-Sys Corporation;
Jamco Doors; JR Hobbs Co.; Loveless
Commercial Contracting, Inc.; Reliance
Interiors, Inc.; Southern Fireproofing
Company, Inc.; Southern Vistas, Inc.; SRS
Concrete Finishing; Stafford Consulting
Engineers, Inc.; Taylor Brothers
Construction Company, Inc.; Winston
Steel LLC d/b/a Winston Steel & Stair Co.;
Andersen Windows, Inc.; Carlisle
Construction Materials Incorporated;
Silver Line Building Products, LLC;
GrayStone of Florida, Inc.; and Dryvit
Systems, Inc.
Defendants.
The Plaintiffs and Defendants Drake/Adesso, LLC; Holder Adesso, LLC; JRH Adesso, LLC; JRH, LLC; and John R. Holder, Individually ("Defendants") agree as follows:
1. Plaintiffs will dismiss Defendants without prejudice from the above-captioned lawsuit in return for the below stated provision.
2. Defendants agree that if the Plaintiffs refile their claim against Defendants within one (1) year after the date of filing of the Order of Dismissal without Prejudice, then the date of filing shall revert back to the original filing date. If Plaintiffs refile their claims against Defendants after one (1) year, the date of filing shall be the actual date of the refiling.
3. Nothing in this Tolling Agreement shall be construed as to abridge or diminish any rights or defense of Defendants, in the event that the Plaintiffs reinstate their claims against Defendants in this matter.
4. Nothing in this Tolling Agreement shall be construed to affect the Plaintiffs' claims against any other party to this matter.
This Agreement may be executed by counsel for any party and shall bind the party, and it may be executed in multiple counterparts.
RICHARDSON PLOWDEN & ROBINSON, P.A.
By: s/Franklin J. Smith, Jr.______________________
Franklin J. Smith, Jr., Fed. Bar No. 3898
E-Mail: fsmith@richardsonplowden.com
Jared H. Garraux, Fed. Bar No. 10113
E-Mail: jgarraux@richardsonplowden.com
1900 Barnwell Street
Post Office Drawer 7788
Columbia, SC 29201
Attorneys for Plaintiffs
NELSON MULLINS RILEY & SCARBOROUGH LLP
By: s/Erik T. Norton___________________________
Howard A. VanDine, III, Fed. Bar No. 01046
E-Mail: howard.vandine@nelsonmullins.com
Erik T. Norton, Fed. Bar No. 09683
E-Mail: erik.norton@nelsonmullins.com
Tara C. Sullivan, Fed. Bar No. 11095
E-Mail: tara.sullivan@nelsonmullins.com
1320 Main Street / 17th Floor
Post Office Box 11070 (29211-1070)
Columbia, SC 29201
(803) 799-2000
Attorneys for Drake/Adesso, LLC; Holder Adesso, LLC; JRH
Adesso, LLC; JRH, LLC; and John R. Holder, Individually
