Webber v. Fresenius Medical Care CNA Kidney Centers LLC

Filing 21

Consent Order Extending Stay re 18 Order Staying Case,. Signed by Honorable Matthew J Perry, Jr on 07/15/2011. (vdou, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Ulysses Webber, Sr.,

C/A No. 3:10-cv-01901-MJP
Plaintiff,
CONSENT ORDER EXTENDING STAY

vs.
Fresenius Medical Care CNA Kidney Centers,
LLC,
Defendant.

This matter comes before the Court on motion from both parties to extend the Court’s
Consent Order Staying Case Pending Compliance with S.C. Code Ann. § 15-79-110, et seq.,
dated December 15, 2010.
WHEREAS, the Order stayed the case for 210 days in order that the parties could comply
with the pre-suit requirements of South Carolina’s medical malpractice statute, exchange
information and conduct pre-suit mediation.
WHEREAS, the parties have exchanged information, have complied with pre-suit filings,
and have attempted in good faith to conduct mediation prior to the expiration of the stay;
however, due to various conflicts, the parties have been unable to mediate the case.
WHEREAS, mediation is currently scheduled for August 8, 2011, with Rebecca Lafitte,
Esq. as mediator, and all parties, including persons with authority, will be attending in person.
WHEREAS, the parties jointly request that this Court extend its Order through August
19, 2011, to allow mediation to take place as scheduled so that the parties may attempt to resolve
their dispute without litigation;
WHEREAS, the parties have not requested any other extensions of the Order staying the
case.

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It appearing that the parties have attempted in good faith to mediate the case, that a
mediation is currently scheduled, and that there is good cause to extend the stay so that the
parties may complete mediation,
IT IS THEREFORE ORDERED AND ADJUDGED THAT the case is hereby stayed
through August 19, 2011, so that the parties may participate in scheduled mediation.
IT IS SO ORDERED.
s/Matthew J. Perry, Jr.
_________
MATTHEW J. PERRY, JR.
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, SC
July 15, 2011

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WE SO MOVE AND CONSENT:

s/ William D. Britt, Jr.
William D. Britt, Jr.
Fed. ID No. 7403
BRUNER POWELL WALL & MULLINS, LLC
1735 St. Julian Place, Ste. 200
P.O. Box 61110
Columbia, SC 29260-1110
803-252-7693
Attorney for Defendant

s/ E. Wayne Ridgeway, Jr.
E. Wayne Ridgeway, Jr.
Burriss Law Firm
907 Elmwood Ave.
Columbia, SC 29201-2107
803-779-5842
Hammond A. Beale, Jr.
Fed. ID No. 1254
791 Greenlawn Dr.
P.O. Box 9526
Columbia, SC 29290-0526
803-783-4570
Attorneys for Plaintiff

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