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United States v. Dawn Properties, Inc.

United States District Court, S.D. Mississippi, Southern Division

January 17, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DAWN PROPERTIES, INC., SOUTHERN CROSS CONSTRUCTION COMPANY, INC., RIDGELAND CONSTRUCTION ONE, LLC, THE BEACH CLUB, LLC, THE BELMONT OF LAMAR, LLC, GRAND BISCAYNE APTS., LLC, SEAINN, LLC, and IKE W. THRASH, Defendants, and SUMMER MISS, LLC, 14510 LEMOYNE BOULEVARD, LLC, LEXINGTON MILL MISSISSIPPI OWNER, LLC, INN BY THE SEA HOME OWNERS ASSOCIATION, INC., and ALCURT BILOXI II LLC, Rule 19 Defendants, and 14510 LEMOYNE BOULEVARD, LLC, Cross-claimant,
v.
GRAND BISCAYNE APTS., LLC and IKE W. THRASH, Cross-defendant and Rule 19/20 Defendant to Crossclaim.

          D. Michael Hurst, Jr. United States Attorney Southern District of Mississippi

          John M. Gore Acting Assistant Attorney General Civil Rights Division

          Julie J. Allen SAMEENA SHINA MAJEED Chief MICHAEL S. MAURER Deputy Chief JULIE J. ALLEN KINARA A. FLAGG AURORA R. BRYANT Trial Attorneys United States Department of Justice Civil Rights Division Housing and Civil Enforcement Section

          Nicholas Van Wiser (MSB No. 7339) Russell Manning (MSB No. 102789) BYRD & WISER

          STIPULATED ORDER RESOLVING THE DEFENDANTS' AND IKE W. THRASH'S MOTION FOR ADDITIONAL TIME WITHIN WHICH TO COMPLY WITH THE TERMS AND CONDITIONS OF THE CONSENT ORDER PURSUANT TO F.R.C.P. 60, ECF NOS. 586 AND 587

          LOUIS GUIROLA, JR. U.S. DISTRICT JUDGE.

         Upon consideration of the United States' and Defendants' Joint Motion to Enter a Stipulated Order Resolving the Defendants' and Ike W. Thrash's Motion for Additional Time Within Which to Comply With the Terms and Conditions of the Consent Order Pursuant to F.R.C.P. 60, ECF Nos. 586 and 587, the Parties' Joint Motion is hereby GRANTED.

         It is hereby ORDERED:

         Defendants' and Ike W. Thrash's Motion for Additional Time Within Which to Comply With the Terms and Conditions of the Consent Order Pursuant to F.R.C.P. 60, ECF Nos. 586 and 587, is hereby dismissed without prejudice.

         It is FURTHER ORDERED that the Consent Order between the United States and Defendants, ECF No. 572, is amended as follows:

         1) Paragraphs 32 and 36 are amended to require the Defendants to complete the retrofits required by the Consent Order, and conduct the initial inspections of the retrofits required by paragraph 43, on the following schedule:

One Property (Inn by the Sea): By January 22, 2018
One Property (Beach Club): By December 31, 2018
Two Properties: By December 30, 2019
Two Properties: By December 30, ...

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