Atlantic Coast Pipeline, LLC v. 0.06 Acre, More or Less, in Halifax County, North Carolina, Located on Parcel Identification No. 0402960, Identified as a Quitclaim Deed in Book 2540, Page 93 and Owned by Travis M. Privott et al

Filing 70

ORDER granting in part 64 Motion For Leave to Serve Limited Discovery Requests on Defendant. Any interrogatories shall be served not later than January 19, 2021, and any response shall be served not later than February 9, 2021. Should the parties require any additional briefing following the limited discovery period they may request as much by motion. Signed by District Judge Terrence W. Boyle on 1/11/2021. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18-CV-67-BO

ATLANTIC COAST PIPELINE, LLC,

Plaintiff,
V.

0.06 ACRES , MORE OR LESS , IN HALIFAX
COUNTY, NORTH CAROLINA et al.,

Defendants.

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ORDER

This cause comes before the Court on a motion by the defendant landowner seeking
attorneys' fees and costs. Plaintiff has responded in opposition and has filed a motion seeking
leave to serve limited discovery. The appropriate responses and replies have been filed and the
matters are ripe for ruling.
The statute under which attorney fees and costs may be recovered requires that the fees and
costs awarded must have been actually incurred. 42 U.S .C. § 4654(a). Plaintiff has demonstrated
that a brief period of limited discovery is warranted in order to determine the import of an
agreement in this case that the defendant landowner's fees and costs would be paid by the Blue
Ridge Environmental Defense League.
Plaintiffs motion for leave to serve limited discovery [DE 64] is therefore GRANTED IN
PART. Any discovery requests shall be reasonable and limited to this narrow inquiry.
Any interrogatories shall be served not later than January 19, 2021 , and any response shall
be served not later than February 9, 2021.
Should the parties require any additional briefing following the limited discovery period
they may request as much by motion.

SO ORDERED, this _jJ_day of January, 2021 .

~W,IJ~
TRRENCEW.BOYLE
UNITED STATES DISTRJCT JUDGE

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