Wellin v. Wellin et al
Filing
840
ORDER RULING ON REPORT AND RECOMMENDATION for (872 in 2:13-cv-03595-DCN, 835 in 2:13-cv-01831-DCN, 618 in 2:14-cv-04067-DCN) Report and Recommendation - Special Master. The Special Master's report and recommendation is AFFIRMED, and the Wellin Children's motion to compel the production of Exhibits 28 and 31 in their entirety is GRANTED. Signed by Honorable David C Norton on 11/14/2018. Associated Cases: 2:13-cv-01831-DCN, 2:13-cv-03595-DCN, 2:14-cv-04067-DCN(jbry, )
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 cases are before this court upon the Special Master’s recommendation
that the Wellin Children’s motion to compel (ECF No. 718 in C/A No. 2:13cv1831, ECF No. 750
in C/A No. 2:13cv3595, and ECF No. 496 in 2:14cv4067) be granted, and Wendy Wellin be required
to produce Exhibits 28 and 31 in their entirety.
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 Special Master’s report and recommenda1
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
tion.
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 AFFIRMED, and the Wellin Children’s motion to compel the production of
Exhibits 28 and 31 in their entirety is GRANTED.
AND IT IS SO ORDERED.
David C. Norton
United States District Judge
November 14, 2018
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.
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