Wellin v. Farace et al

Filing 148

ORDER RULING ON REPORT AND RECOMMENDATION for 112 Report and Recommendation - Special Master,,, 96 Motion for Protective Order, filed by Wendy C H Wellin. For the reasons articulated by the Special Master, the court DENIES plaintiff's motion for protective order (Dkt. No. 96). The court also denies defendants' request to enlarge the time of Wendy C.H. Wellins deposition to 10 hours. Signed by Honorable David C Norton on 10/24/2018. (jbry, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Wendy C.H. Wellin, on behalf of the Estate )
of Keith S. Wellin, as its Duly Appointed )
Special Administrator
)
)
Plaintiff,
)
)
-vs)
)
Thomas M. Farace, Esq., individually and )
As agent for Nixon Peabody, LLP and
)
Nixon Peabody Financial Advisors, LLC; )
Nixon Peabody, LLP; and Nixon Peabody )
Financial Advisors, LLC,
)
)
Defendants.
)
___________________________________ )

C/A No. 2:16-cv-0414 DCN

ORDER

This matter is before the court upon the Special Master’s report and
recommendation (“R&R”) that the court deny plaintiff’s motion for protective order (Dkt.
No. 96).
The 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. “In acting on a
master’s order, report, or recommendations, the court must give the parties notice and an
opportunity to be heard; may receive evidence; and may adopt or affirm, modify, wholly
or partly reject or reverse, or resubmit” the R&R to the Special Master with instructions.
Fed. R. Civ. P. 53(f)(1). The 2003 Advisory Committee Notes state that the “requirement
that the court must afford an opportunity to be heard can be satisfied by taking written

submissions when the court acts on the report without taking live testimony.”1 No
objections to the Special Master’s Report and Recommendation have been filed.
The court has conducted a de novo review of the record and has concluded that
the Special Master’s R&R accurately summarizes this case and the applicable law.
Accordingly, the Special Master’s Report and Recommendation is incorporated into this
order. For the reasons articulated by the Special Master, the court DENIES plaintiff’s
motion for protective order (Dkt. No. 96). The court also denies defendants’ request to
enlarge the time of Wendy C.H. Wellin’s deposition to 10 hours.
AND IT IS SO ORDERED.

DAVID C. NORTON
UNITED STATES DISTRICT JUDGE
October 24, 2018
Charleston, South Carolina

1

While this language is drawn from the Committee Notes to Rule 53(g), in the
2003 version of the Federal Rules of Civil Procedure, Rule 53(g)(1) contained the
substantive language that is now in Rule 53(f)(1).