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ADESSO Homeowners Association v. Holder Properties Inc.

United States District Court, D. South Carolina, Columbia Division

July 11, 2016

7ADESSO Homeowners’ Association, as controlled by the Owners since April 23, 2013, ADESSO Horizontal Property 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,
v.
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.

          RICHARDSON PLOWDEN & ROBINSON, P.A. BY FRANKLIN J. SMITH, JR., JARED H. GARRAUX, ATTORNEYS FOR PLAINTIFFS

          NELSON MULLINS RILEY & SCARBOROUGH LLP BY HOWARD A. VANDINE, III, ERIK T. NORTON, ATTORNEYS FOR DRAKE/ADESSO, LLC; HOLDER ADESSO, LLC; JRH ADESSO, LLC; JRH, LLC; AND JOHN R. HOLDER, INDIVIDUALLY

          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. UNITED STATES DISTRICT JUDGEs

         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 subj ect 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

         TOLLING AGREEMENT

         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 ...


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