Aiken Hospitality Group LLC v. HD Supply Facilities Maintenance Ltd

Filing 107

JOINT STIPULATION AND ORDER. Signed by Honorable J Michelle Childs on 11/30/2017. (asni, ) (Main Document 107 replaced on 11/30/2017) (asni, ).

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION

Aiken Hospitality Group, LLC,
Plaintiff,
v.
HD Supply Facilities Maintenance

Defendant and Third Party
Plaintiff,
v.
N3A Manufacturing, Inc., d/b/a
Hotelure, Inc.,
Third Party Defendant

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Case No. 1:16-03093-JMC

JOINT STIPULATION AND ORDER OF PLAINTIFF AND DEFENDANT HD SUPPLY
In order to reduce deposition costs and expedite trial herein, Plaintiff and Defendant HD
Supply Facilities Maintenance, Inc. (“HD Supply”) do hereby stipulate as follows:
1. Except as specified below, HD Supply will not present as witnesses herein, either as to
its defense against Plaintiff’s claims, or as part of its case against Third Party Defendant N3A
Manufacturing, Inc., any of the following persons:

Adam Bowman
John Kluzek
Steve Rung
Jill Bowden.

2. The above four persons are employees of HD Supply. HD Supply will not in any manner
facilitate their appearing as witnesses for any party herein.
3. In the event that Billy Wiley, Joseph Brothers or Jennifer Swisher, employees of HD
Supply, becomes unavailable to testify at trial on behalf of HD Supply, either because of death or
because of medical condition, then HD Supply may present one or more of the four persons listed
in paragraph (1) above, as witnesses herein in substitution for Mr. Wiley, Mr. Brothers or Mrs.
Swisher, provided the following conditions have been fulfilled:
a. satisfactory evidence of death or medical condition of Mr. Wiley, Mr. Brothers or Mrs.
Swisher has

been provided to Plaintiff’s counsel;

b. notice as to who will be presented in place of either Mr. Wiley, Mr. Brothers or Mrs.
Swisher is furnished to Plaintiff’s counsel within five days notice to counsel of HD Supply of the
occurrence of death or the medical condition which prevents Mr. Wiley, Mr. Brothers or Mrs.
Swisher from testifying; and
c. Plaintiff is provided a sufficient opportunity to depose the substitute witness or witnesses
in advance of trial herein.
4. Should HD Supply wish to substitute a witness as provided in paragraph (3) above, but
the deposition of that witness cannot be arranged sufficiently in advance of trial, neither Plaintiff
nor HD Supply will oppose a reasonable request by the other for postponement of trial.
Plaintiff and HD Supply move that the Court approve this stipulation so as to provide the
parties with assurance that it will be enforceable.
This Joint Stipulation and Order is hereby approved as an Order of this Court.
IT IS SO ORDERED.
This 30th day of November, 2017.

s/J. Michelle Childs
J. Michelle Childs
United States District Court