First National Insurance Company of America v. Livesay et al

Filing 38

ORDER granting 33 Motion to Compel. Third-parties E.K. Morley and E.K. Morley, PLLC are ORDERED to produce to Plaintiff all documents related to settlement of claims against Morley as specified herein. Plaintiff is to infor m the Court if third-parties E.K. Morley and E.K. Morley, PLLC do not comply. Failure to comply will result in the scheduling of a show cause hearing to determine whether to hold third-parties in contempt. Signed by Magistrate Judge Dennis Howell on 7/19/2018. (Order mailed to E.K. Morley, Esq., E.K. Morley, PLLC, 104 First Avenue East, Suite C, Hendersonville, NC 28792) (maf) (Main Document 38 replaced and docket text modified on 7/19/2018. NEF Regenerated.) (maf)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17 cv 86 FIRST NATIONAL INSURANCE COMPANY OF AMERICA, ) ) ) Plaintiff, ) ) v. ) ) BRENDA L. LIVESAY and RONALD ) LIVESAY AND BRENDA LIVESAY ) FAMILY TRUST, ) ) Defendants. ) ______________________________________ ) ORDER Before the Court is the Motion to Compel [# 33]. On May 15, 2018, Plaintiff filed its Motion to Compel seeking compliance with a subpoena requesting thirty-parties E.K. Morley and E.K. Morley, PLLC produce documents related to settlement claims against Morley. On May 16, 2018, the Court ordered third-parties E.K. Morley and E.K. Morley, PLLC, respond to the Motion and cautioned about a potential conflict of interest of one lawyer representing both an individual and a law firm [# 36]. The Court gave a deadline to respond of May 29, 2018. As of July 19, 2018, neither E.K. Morley nor E.K. Morley, PLLC have filed a response to the Court’s previous order. Therefore, upon reviewing the Motion to Compel, the Court GRANTS the Motion [# 33]. The Court ORDERS third-parties E.K. Morley and E.K. Morley, PLLC to produce to Plaintiff all documents related to settlement of claims against Morley, including those related to settlement of Brenda Livesay v. E.K. Morley, Henderson County Superior Court, Case No. 13-CVS-1591, including documents pertaining to disposition of settlement proceeds. E.K. Morley and E.K. Morley, PLLC shall have ten (10) days from the entry of this Order to comply with the Court’s orders. The Court DIRECTS Plaintiff to inform the Court if third-parties E.K. Morley and E.K. Morley, PLLC do not comply. If the third-parties do not comply, the Court will schedule a show cause hearing in order to determine whether to hold third-parties E.K. Morley and E.K. Morley, PLLC in contempt. Signed: July 19, 2018

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