Wellin v. Wellin et al

Filing 709

ORDER adopting Report and Recommendations re (634) Report and Recommendation. in case 2:13-cv-01831-DCN in case 2:13-cv-03595-DCN. Wendy C.H. Wellin shall produce to the Wellin Children those documents identified on the Etri um Reports as "discoverable" in such form as is noted in the Special Master's Report and Recommendation. Signed by Honorable David C Norton on 12/6/2017.Associated Cases: 2:13-cv-01831-DCN, 2:13-cv-03595-DCN, 2:14-cv-04067-DCN(eric, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Keith Wellin, individually and as Trustee of the
Keith S. Wellin Florida Revocable Living Trust
u/a/d December 11, 2001,

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Plaintiff,
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-vs)
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Peter J. Wellin, Cynthia W. Plum, and Marjorie W. )
King, individually and as Co-Trustees and
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Beneficiaries of the Wellin Family 2009 Irrevocable )
Trust u/a/d November 2, 2009, and Friendship
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Management, LLC,
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Defendants.
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_______________________________________
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Lester S. Schwartz, as Trust Protector of the
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Wellin Family 2009 Irrevocable Trust,
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Plaintiff,
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-vs)
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Peter J. Wellin, Cynthia W. Plum and Marjorie W.
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King, individually and as Co-Trustees and
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Beneficiaries of the Wellin Family 2009 Irrevocable )
Trust, Friendship Management, LLC, and Cynthia
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W. Plum as Manager of Friendship Management,
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LLC,
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Defendants.
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______________________________________
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Peter J. Wellin, Cynthia W. Plum and Marjorie W.
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King, as Co-Trustees of the Wellin Family 2009
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Irrevocable Trust,
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Counterclaim Plaintiffs,
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-vs)
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Lester S. Schwartz, Esq., as Trust Protector of the
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Wellin Family 2009 Irrevocable Trust u/a/d
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November 2, 2009, and Keith Wellin, as Grantor of )
the Wellin Family 2009 Irrevocable Trust u/a/d
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November 2, 2009,
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Counterclaim Defendants.
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____________________________________
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C/A No. 2:13-cv-1831 DCN

ORDER

C/A No. 2:13-cv-3595 DCN

Peter J. Wellin, Cynthia Wellin Plum, and
Majorie Wellin King, Individually and as
Co-Trustees and Beneficiaries of the Wellin
Family 2009 Irrevocable Trust u/a/d
November 2, 2009,
Plaintiffs,
-vsWendy Wellin, Individually and as Trustee of
the Keith S. Wellin Florida Revocable Living
Trust u/a/d December 11, 2001,
Defendants.
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C/A No. 2:14-cv-4067 DCN

The above referenced case is before this court upon the Special Master’s Report and
Recommendation that Wendy C.H. Wellin be ordered to produce to the Wellin Children those
documents identified on the Etrium Reports as “discoverable” in such form as is noted on the said
report.
This court is charged with conducting a de novo review of any portion of the Special
Master’s report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). However,
absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the
district court to review the factual and legal conclusions of the Special Master. Thomas v Arn, 474
U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the Special
Master’s report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the
appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S.
1208 (1984).1 No objections have been filed to the magistrate judge’s report and recommen
1

In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se
litigant must receive fair notification of the consequences of failure to object to a
magistrate judge's report before such a procedural default will result in waiver of the right
to appeal. The notice must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him of what is required.'" Id. at 846. Plaintiff was advised in a
clear manner that his objections had to be filed within ten (10) days, and he received

dation.
A de novo review of the record indicates that the Special Master’s report accurately
summarizes this case and the applicable law. Accordingly, the Special Master’s report and
recommendation is ADOPTED, and Wendy C.H. Wellin is hereby ORDERED to produce to the
Wellin Children those documents identified on the Etrium Reports as “discoverable” in such form
as is noted in the Special Master’s Report and Recommendation .
AND IT IS SO ORDERED.

David C. Norton
United States District Judge

December 6, 2017
Charleston, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules 3
and 4 of the Federal Rules of Appellate Procedure.

notice of the consequences at the appellate level of his failure to object to the magistrate
judge's report.