Davis v. Millenium Development Group et al

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
HESTER ALICE DAVIS
DEBTOR
CASE NO.
04-03619-5-ATS
HESTER ALICE DAVIS
Plaintiff
v.
MILLENNIUM DEVELOPMENT GROUP, LLC
and LEWIS A. THOMPSON, III, TRUSTEE
Defendants.
ADVERSARY PROCEEDING NO.
S-05-00076-5-AP
ORDER ALLOWING MOTION TO AMEND JUDGMENT, ORDER DISMISSING
MOTION TO INTERPRET ORDER, AND ORDER EXTENDING DEADLINE
The matters before the court are the motion filed by Lewis A.
Thompson, 	III 	to 	amend 	judgment, 	and 	the 	motions 	filed 	by
Millennium 	Development 	Group, 	LLC 	to 	interpret 	an 	order 	of 	the
court and for an extension of a deadline to move the modular home.
A telephonic hearing was conducted on May 10, 2006.
A judgment was entered in this matter on April 12, 2006, and
amended 	on 	April 	20, 	2006. 	The 	judgment 	and 	amended 	judgment
omitted 	the 	word 	"Trustee" 	in 	the 	caption 	after 	the 	name 	of
SO ORDERED.
SIGNED this 11 day of May, 2006.
________________________________________
A. Thomas Small
United States Bankruptcy Judge
____________________________________________________________
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defendant Lewis A. Thompson, III, and Mr. Thompson requested that
the 	judgment 	be 	amended 	to 	reflect 	the 	correct 	caption. 	The
plaintiff, Hester Alice Davis, agreed that Mr. Thompson was sued in
his capacity as trustee and had no objection to the amendment. 	The
parties acknowledged that the change in the caption does not affect
Mr. 	Thompson's 	personal 	liability 	to 	pay 	the 	judgment.
Accordingly, 	the 	motion 	to 	amend 	the 	judgment 	is 	ALLOWED, 	and 	a
second amended judgment will be entered.
The 	judgment 	and 	amended 	judgment 	require 	Millennium 	to 	pay
damages to the plaintiff in the amount of $26,400, and Mr. Thompson
to 	pay 	damages 	to 	the 	plaintiff 	in 	the 	amount 	of 	$12,500. 	The
order 	further 	provided 	that 	the 	liability 	of 	the 	defendants 	is
joint 	and 	several. 	Millennium 	filed 	a 	motion 	to 	clarify 	the
appropriate amount for it to pay to satisfy the judgment, concerned
that it misinterpreted the order because of the overlapping damages
between Millennium and Mr. Thompson. 	At the hearing, Millennium's
attorney 	and 	Mr. 	Thompson's 	attorney 	stated 	their 	understanding
that 	the 	total 	amount 	of 	damages 	to 	be 	paid 	to 	Ms. 	Davis 	is
$26,400, 	and 	that 	any 	issues 	as 	to 	who 	pays 	what 	amount 	for 	the
joint damages are for Millennium and Mr. Thompson to resolve. 	Ms.
Davis' 	attorneys 	disagreed 	with 	that 	interpretation, 	but
Millennium's 	and 	Mr. 	Thompson's 	interpretation 	is 	correct. 	The
judgment 	is 	clear 	that 	the 	liability 	is 	joint 	and 	several 	and 	no
further 	explanation 	of 	this 	basic 	legal 	term 	is 	required. 	No
clarifying amendment to the judgment is needed, and, accordingly,
the motion for interpretation is DISMISSED.
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Finally, 	the 	judgment 	and 	amended 	judgment 	provide 	that
Millennium 	may 	remove 	the 	modular 	home 	constructed 	on 	Ms. 	Davis'
land prior to May 30, 2006, but only after the damages are paid in
full. 	Millennium requested additional time to remove the home, as
it 	is 	having 	difficulty 	making 	arrangements 	to 	have 	the 	home
removed before May 30. 	Ms. Davis opposes the motion. 	The request
to 	extend 	the 	deadline 	is 	ALLOWED, 	and 	Millennium 	shall 	have 	two
additional weeks, to June 13, 2006, to remove the home.
SO ORDERED.
END OF DOCUMENT
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