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Binns v. Saxe

United States District Court, S.D. Georgia, Savannah Division

April 3, 2017

ANDREW BINNS and DEBRA BINNS, Plaintiffs,
v.
CHRISTINA SAXE and ADAM LAWRENCE SAXE, Defendants.

          MANORI DE SILVA Georgia Bar Admitted Pro Hac Vice Attorney for Plaintiffs Stanton Law, LLC.

          WILLIAM BRENT NEY Georgia Attorney for Defendants Ney Hoffecker Peacock & Hayle, LLC One midtown Plaza.

          ORDER

          HONORABLE J. RANDAL HALL UNITED/STATES DISTRICT JUDGE.

         This is an action by Plaintiffs to enforce a foreign money judgment entered in favor of Plaintiffs and against Defendants. More specifically, on September 3, 2015, Plaintiffs obtained a judgment against Defendants and two non-parties, Cherin Marmon-Saxe and Nicola Kim Marmon-Saxe (the "Non-Parties"), in the County Court at West Cumbria, England (the "Foreign Judgment"). (See Compl., Doc. 1, Ex. 1.) The Foreign Judgment was entered against Defendants and the Non-Parties in the principal amount of £308, 234.59 along with £20, 193.90 in interest.[1] (IdJ The Foreign Judgment required Defendants and the Non-Parties to pay the aforementioned sums - along with an interim payment £15, 000.00 towards Plaintiffs' costs - to Plaintiffs within fourteen days of its entry, with interest to accrue on all outstanding payments at a rate of eight percent (8%) per annum. (Id.) Defendants have not appealed the Foreign Judgment. (Compare Compl. ¶ 14; with Ans., Doc. 8, ¶ 14.) Significantly, Defendants admit that the Foreign Judgment "is final, conclusive and enforceable in the United Kingdom and is not subject to further appeal." (Compare Compl. ¶¶ 14, 17; with Ans. ¶¶ 14, 17.)

         On March 14, 2016, Plaintiffs filed this diversity action against Defendants as a foreign judgment creditor pursuant to Georgia's Uniform Foreign-Country Money Judgments Recognition Act, O.C.G.A. § 9-12-110, et seq. (the "Recognition Act"), seeking to recover on the Foreign Judgment against Defendants. (See Compl., generally.) Defendants were served with process on May 11, 2016 and filed their answer to Plaintiffs' complaint on May 24, 2016. (Docs. 6, 7, 8.) On February 16, 2017, Plaintiffs filed a Motion for Recognition of Foreign Country Money Judgment. (Doc. 17.) On March 20, 2017, this Court provided Defendants with notice that it intended to treat Plaintiffs' Motion for Recognition as a motion for summary judgment and allotted Defendants ten days to respond thereto. (Docs. 18, 19.)

         On March 29, 2017, the parties submitted a Joint Notice of Agreement to Consent Judgment attaching thereto a proposed consent final judgment (the "Consent Final Judgment") to be entered by this Court. (Docs. 20, 20-1.) The Joint Notice is signed by each party and states that the parties have reached settlement on all matters pending in the present action. (Doc. 20.) Similarly, the Consent Final Judgment is signed by each party. (Doc. 20-1.)

         Upon due consideration of the pleadings, filings, and other matters properly before the Court, the Court finds that the entry of judgment on the terms set forth in the Consent Final Judgment is appropriate under the Recognition Act and other relevant law. IT IS THEREFORE ORDERED that the parties' Joint Notice of Agreement to Consent Judgment (doc. 20) is GRANTED and that the attached Consent Final Judgment is ENTERED on the record of this case. The Clerk is DIRECTED to ENTER JUDGMENT in favor of Plaintiffs and against Defendants in accordance with the terms of the Consent Final Judgment and to TERMINATE all motions and deadlines and CLOSE this case.

         ORDER ENTERED

         CONSENT FINAL JUDGMENT

         The Court, with the consent of all parties, as evidenced by the signatures of the undersigned counsel, hereby FINDS, ORDERS and ADJUDGES as follows.

         FINDINGS

         This action arises under the Georgia Uniform Foreign Country Money Judgments Recognition Act, O.C.G.A. §§ 9-12-113, et seq. Plaintiffs obtained a Judgment in the County Court of West Cumbria, England on September 3, 2015 (the "UK Judgment"), in the principal amount of £308, 234.59 GBP (approximately $470, 211.87), jointly and severally, against the Defendants in the above-styled action (the "Georgia Defendants" and the "Georgia Action, " respectively) and the defendants in a pending companion case styled Andrew Binns and Debra Binns v. Cherin Marmon Saxe and Nicole Kim Marmon-Saxe, United States District Court, Western District of North Carolina, Civil Action File No. 1:16-CV-00066 (the "North Carolina Defendants" and the "North Carolina Action, " respectively). The UK Judgment arises out of a claim on certain loans by Plaintiffs to the Georgia Defendants and North Carolina Defendants and other issues relating to Defendants' ownership and operation of an inn known as Ravenstone Manor. Plaintiffs, the Georgia Defendants and the North Carolina Defendants, wishing to avoid the investment of further resources in litigation and collection actions, have agreed to globally resolve the issues between them and have consented to the entry of this Consent Final Judgment.

         JUDGMENT

         1. Entry of Judgment. The UK Judgment is recognized as a valid, final, conclusive judgment of the United Kingdom which is enforceable and entitled to full faith and credit under the Georgia Uniform Foreign Money Judgments Act, O.C.G.A. §§ 9-12-113, et seq. Accordingly, final judgment is hereby entered in favor of Plaintiffs and against the Georgia Defendants jointly and severally in the principal sum of $537, 335.48 (£434, 956.95 GBP). The parties have agreed that ...


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