Atlantic Coast Pipeline, LLC v. 11.57 Acres, More or Less, in Nash County, North Carolina, Owned by Walter Marvin Winstead, Jr. et al

Filing 96

ORDER granting in part 90 Motion For Leave to Serve Limited Discovery Requests on Defendant. Signed by Chief Judge Terrence W. Boyle on 12/22/2020. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No . 5:18-CV-13-BO

ATLANTIC COAST PIPELINE, LLC,

Plaintiff,
V.

11.57 ACRES , MORE OR LESS, IN NASH
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.
Plaintiff's motion for leave to serve limited discovery [DE 90] 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 6, 2021 , and any response shall
be served not later than January 2 7, 2021.
Should the parties require any additional briefing following the limited discovery period
they may request as much by motion.

Case 5:18-cv-00013-BO Document 96 Filed 12/22/20 Page 1 of 2

SO ORDERED, this# day of December 2020.

CHIEF UNITED STA

TESISTRI

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Case 5:18-cv-00013-BO Document 96 Filed 12/22/20 Page 2 of 2