Wellin v. Wellin et al

Filing 366

ORDER adopting Report and Recommendations re (352) Report and Recommendation.; granting (299) Motion to Compel; granting (311) Motion to Compel; adopting Report and Recommendations re (330) Report and Recommendation.; adop ting Report and Recommendations re (336) Report and Recommendation. in case 2:13-cv-01831-DCN; granting (292) Motion to Compel; granting (318) Motion to Compel; adopting Report and Recommendations re (344) Report and Recommendation.; adopting Rep ort and Recommendations re (350) Report and Recommendation.; adopting Report and Recommendations re (374) Report and Recommendation. in case 2:13-cv-03595-DCN; granting (61) Motion to Compel; granting (80) Motion to Compel; adopting Report and Re commendations re (99) Report and Recommendation.; adopting Report and Recommendations re (107) Report and Recommendation.; adopting Report and Recommendations re (123) Report and Recommendation. in case 2:14-cv-04067-DCN in case 2:13-cv-01831-DCN Associated Cases: 2:13-cv-01831-DCN, 2:13-cv-03595-DCN, 2:14-cv-04067-DCN(rweh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
WENDY WELLIN, as the Special
Administrator of the Estate of Keith S. Wellin
and as Trustee of the Keith S. Wellin Florida
Revocable Living Trust u/a/d December 11,
2001,
Plaintiff,
vs.
PETER J. WELLIN, et. al.,
Defendants.
LARRY S. McDEVITT, as Trustee of the
Wellin Family 2009 Irrevocable Trust,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
PETER J. WELLIN, et. al.,
Defendants.
PETER J. WELLIN, et. al.,
Plaintiffs,
vs.
WENDY WELLIN, individually and as Trustee
of the Keith S. Wellin Florida Revocable Living
Trust u/a/d December 11, 2011,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

No. 2:13-cv-1831-DCN

No. 2:13-cv-3595-DCN

No. 2:13-cv-4067-DCN

ORDER

These matters are before the court on the recommendations contained in:
Special Master William L. Howard’s report and recommendation re: defendant

1

Wellin children’s motion to compel, ECF No. 3301, dated August 26, 2015; his report
and recommendation re: defendant Wellin children’s motion to compel, ECF No. 336,
dated September 23, 2015; and his report and recommendation re: defendant Wellin
children’s motion to compel, ECF No. 352, dated October 15, 2015 (collectively, the
“R&Rs”). Pursuant to the R&Rs, the Special Master recommended that:
1. The court grant defendant Wellin children’s motion to compel production of
the Hood Law Firm and the Evans Carter Kunes and Bennett retainer letters
between those firms and Keith Wellin (ECF No. 299);
2. The court grant defendant Wellin children’s motion to compel production of
certain documents from the file of Tom Farace (ECF No. 311) as it pertains to
all documents listed in categories II, X, XI, XII, and XIV;2
3. The court grant defendant Wellin children’s motion to compel production of
certain documents from the file of Tom Farace (ECF No. 311) as it pertains all
documents listed in category XIII.
As stated in the court’s February 17, 2015 Order Appointing Special Master
(ECF No. 270), the court may “adopt or affirm, modify, wholly or partly reject or
reverse or resubmit” the Special Master’s order. Fed. R. Civ. P. 53(f)(1). The Order
Appointing Special Master further specifies that:
Any party objecting to a recommendation or order by the special
master must notify the special master, the court, and all other
interested parties of its intention to raise an objection (by facsimile or
electronic mail) within five business days after receiving the special
master’s written recommendation. Thereafter, the said objection must
be raised with the court within twenty days of the receipt (by facsimile
or electronic mail) of the special master’s written recommendation or
order. If no party submits an intention to challenge the special
master’s written recommendation or order within five business days,
1

Though Case Nos. 2:13-cv-1831, 2:13-cv-3595, and 2:14-cv-4067 have been consolidated for
pre-trial purposes, all references to electronic filing numbers in this order will be directed to filings in
Case No. 2:13-cv-1831.
2
The Special Master’s September 23, 2015 report and recommendation also recommended that
the documents in category XIII be provided to the Special Master or court for in camera inspection.
Such documents were provided to the Special Master and addressed by the Special Master’s October
15, 2015 report and recommendation.

2

the court may adopt the recommended ruling as its order on the
disputed issue.
ECF No. 270 at 5–6.
No party submitted notice of its intention to file an objection to the
Special Master’s R&Rs within the required time period and no such objection
has been filed. Accordingly, the Special Master’s R&Rs are ADOPTED, defendant
Wellin children’s motion to compel production of certain retainer letters (ECF No.
299) is GRANTED, and defendant Wellin children’s motion to compel production of
certain documents from the file of Tom Farace (ECF No. 311) is GRANTED.
AND IT IS SO ORDERED.

DAVID C. NORTON
UNITED STATES DISTRICT JUDGE
November 5, 2015
Charleston, South Carolina

3