Fagnant et al v. Johnson et al

Filing 72

CONSENT ORDER withdrawing 68 Motion to Compel. Signed by Honorable R Bryan Harwell on 1/2/2013.(hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Mary Fagnant, Brenda Dewitt-Williams
and Betty Bey, as Power of Attorney for
Brenda Dewitt-Williams,

)
)
)
)
Plaintiffs,
)
)
vs.
)
)
Kathryn Michelle Johnson, Kmart
)
Corporation, Kings Festival Corp., Inc. and )
Gator Investors, Inc.
)
Defendants .
)
)

CIVIL ACTION NO. 4:11-cv-00302-RBH

CONSENT ORDER

This matter is before me pursuant to an informal conference held on December 14, 2012
regarding Plaintiffs’ Motion To Compel Discovery Responses From Defendant Kmart
Corporation filed on December 12, 2012. Plaintiff sent to Defendant Kmart Corporation
Plaintiffs’ Second Request For Production of Documents on November 2, 2012. When no
responses were received by Plaintiffs within thirty (30) days upon Defendant Kmart Corporations
receipt thereof, Plaintiffs attempted in good faith to resolve the matter pursuant to Local Civil
Rule 7.02. However, Plaintiffs did not receive the documents requested nor a response from
Defendant Kmart Corporation. Thereafter, Plaintiffs filed the Motion To Compel and an informal
conference was held between all counsel of record.
Pursuant to an agreement between Plaintiffs and Defendant Kmart Corporation, Plaintiffs
shall withdrawal their Motion To Compel without prejudice and Defendant Kmart Corporation
shall provide responses to Plaintiffs’ Second Request For Production of Documents To
Defendant Kmart Corporation no later than December 31, 2012. Karl S. Brehmer, attorney for
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Defendants Kings Festival Corp, Inc. and Gator Investors, Inc., has no objections herein. Thus,
with the mutual consent of Ralph J. Wilson, Attorney for Plaintiffs, and John H. Tiller, attorney
for Kmart Corporation, as evidenced by their consents affixed below, the parties seek an Order
commanding Defendant Kmart Corporation to respond to Plaintiffs’ Second Request For
Production of Documents To Defendant Kmart Corporation no later than December 31, 2012.
Therefore, I find Plaintiffs’ Motion To Compel Discovery Responses From Defendant Kmart
Corporation shall be withdrawn without prejudice and Defendant Kmart Corporation shall
provide responses to Plaintiffs’ Second Request For Production of Documents To Defendant
Kmart Corporation no later than December 31, 2012.
AND IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
January 2, 2013
Florence, South Carolina

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WE SO CONSENT:
Plaintiff(s)

Defendant(s)

/s/ Ralph J. Wilson
Ralph J. Wilson, Fed. ID No.4712
1411 First Avenue
P.O. Box 1827
Conway, South Carolina 29528
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs

/s/John H. Tiller
John H. Tiller, Fed. ID No.4890
134 Meeting Street, Third Floor
P.O. Box 340
Charleston, SC 29401-2240
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant Kmart Corporation

/s/Karl S. Brehmer
Karl S. Brehmer, Fed ID No.: 5006
1720 Main Street, Suite 201
P.O. Box 7966
Columbia, SC 29202
[phone]
Attorney for Defendants Kings Festival Corp, Inc. and Gator Investors, Inc.

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