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T&S Brass and Bronze Works Inc. v. Slanina

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

March 20, 2018

T&S Brass and Bronze Works, Inc. and EnviroPure Systems, LLC, Plaintiffs,
v.
James Slanina, Linda Basinger individually and d/b/a Advantagreen, Advantago, Inc., and Opus Distribution, Inc., Defendants.

          Brian P. Murphy For the Plaintiffs

          David E. Rothstein For Defendants Slanina, Advantago, Inc.

          Hannah Rogers Metcalfe For Defendant Basinger

          CONSENT JUDGMENT, INJUNCTION, AND FINAL ORDER

          Mary Geiger Lewis United States District Judge

         I. Background

         Plaintiffs 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).

         Only 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.

         Defendant 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.

         Although 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.

         On 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.

         II. Order

         With the consent of the parties, the court ORDERS as follows:

         1. The security previously posted by Plaintiffs in the amount of Five Thousand Dollars (Docket Entry 18) shall be refunded by the Clerk to Plaintiffs.

         2. This 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 ...


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