United States District Court, D. South Carolina, Greenville Division
T&S Brass and Bronze Works, Inc. and EnviroPure Systems, LLC, Plaintiffs,
James Slanina, Linda Basinger individually and d/b/a Advantagreen, Advantago, Inc., and Opus Distribution, Inc., Defendants.
P. Murphy For the Plaintiffs
E. Rothstein For Defendants Slanina, Advantago, Inc.
Rogers Metcalfe For Defendant Basinger
CONSENT JUDGMENT, INJUNCTION, AND FINAL
Geiger Lewis United States District Judge
commenced this action on November 20, 2016. On May 4, 2017,
this Court granted a Motion for Stay pending arbitration as
to Defendant Basinger. On December 13, 2017, this Court
lifted the arbitration stay. (Docket Entry 194). On June 9,
2017, Defendants Slanina, Advantago, Inc., and Opus
Distribution, Inc. filed a Suggestion of Bankruptcy. (Docket
Entry 187). On June 12, 2017, this Court issued a stay as to
Defendants Slanina, Advantago, Inc., and Opus Distribution,
Inc. (Docket Entry 189).
Defendant Slanina filed a Petition in Bankruptcy. (In re
James Slanina, 17-17230-EPK (S.D. Fla. Bankr.) (“the
Bankruptcy Action”). Plaintiffs filed adversarial
actions against Slanina in the Bankruptcy Action.
Slanina and Defendant Basinger (who voluntarily appeared in
the Bankruptcy Action) agreed to nondischargeable judgments
of Five Hundred Thousand Dollars ($500, 000). (Docket Entry
197-1 at pp. 8-41). The Bankruptcy Court adopted the
agreement and entered judgment against Defendants Slanina and
Basinger. (Exh. A). The parties' Agreement reached in the
Bankruptcy Action resolves all claims for monetary relief
against Defendants Slanina and Basinger, but leaves open
issues of injunctive relief.
monetary relief against Defendants Advantago, Inc. and Opus
Distribution, Inc. is not addressed in the Agreement reached
in the Bankruptcy Action, as they were never made parties to
any Petition, Plaintiffs have agreed not to pursue any claims
for additional monetary relief as to Advantago, Inc. or Opus
Distribution, Inc. in exchange for Defendants' consent to
the terms of this Order.
March 13, 2018, this Court lifted the bankruptcy stay that
applied to Defendants Slanina, Advantago, Inc., and Opus
Distribution, Inc. (Docket Entry 206). Accordingly, all stays
previously imposed have been lifted and this Court has
jurisdiction over all Defendants in this action.
the consent of the parties, the court ORDERS as follows:
security previously posted by Plaintiffs in the amount of
Five Thousand Dollars (Docket Entry 18) shall be refunded by
the Clerk to Plaintiffs.
Order will act as res judicata bar as to any claims
or counterclaim that have been or could have been brought in
either this action or any arbitration between the parties
including, but not limited ...