Winburn v. Progress Energy Carolinas Inc et al

Filing 48

CONSENT ORDER of Remand. Signed by the Honorable R Bryan Harwell on 10/30/2013. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Kimberly B. Winburn,

)
)
Plaintiff,
)
)
vs.
)
)
Progress Energy Carolinas, Inc. and The )
Prudential Insurance Company of America, )
)
Defendants.
)
__________________________________ )

Case No. 4:11-CV-03527-RBH

CONSENT ORDER

On July 25, 2013, this Court entered an Order permitting the parties to engage in limited
discovery followed by a remand to consider Plaintiff’s claim in light of new evidence. The
parties advise the Court that this discovery is now complete. Now, therefore, it is ORDERED
that:
1. This action is now remanded to the claims administrator, the Prudential Insurance
Company of America (“Prudential”), to consider Plaintiff’s claim in light of the new
evidence, including: (1) Plaintiff’s affidavit signed October 3, 2012 and the documents
referred to therein; (2) the transcript and exhibits from Plaintiff’s deposition taken on
September 12, 2013; (3) Progress Energy’s responses to Plaintiff’s Requests to Admit
and the documents referred to therein; (4) Prudential’s responses to Plaintiff’s Requests
to Admit and the documents referred to therein; and (5) the existing administrative record
and plan documents, including the Progress Energy plan documents produced during
litigation.
2. Prudential shall complete its review on remand by December 31, 2013.

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3. This action is hereby stayed until the Parties notify this Court of Prudential’s decision on
remand or December 31, 2013, whichever occurs first.
4. Within ten (10) days after Plaintiff has received Prudential’s decision on remand,
Plaintiff shall notify this Court of the decision. If Plaintiff’s claim is approved and there
are no ripe issues for decision by the Court, then this case shall be dismissed as moot.
Otherwise, the Court will enter a schedule for briefing dispositive motions and/or
schedule a status conference.
IT IS SO ORDERED.
This 30th day of October, 2013

s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge

CONSENTED TO BY:
/s/Martin S. Driggers
Martin S. Driggers, Sr., Esq.#607
Driggers & Moyd
Post Office Box 1439
Hartsville, SC 29551

/s/Douglas W. MacKelcan
David W. Overstreet, Esq., #7363
Douglas MacKelcan, Esq., #10058
Carlock, Copeland & Stair, LLP
40 Calhoun Street, Suite 400
Charleston, SC 29401

ATTORNEY FOR PLAINTIFF
Patrick DiCarlo, Esq., admitted pro hac vice
Beth Vaughan, Esq., admitted pro hac vice
Alston and Bird
1201 W Peachtree Street
Atlanta, GA 30309-3424
ATTORNEY FOR DEFENDANT
PRUDENTIAL
/s/John M. Milling
John M. Milling, Esq. #4950
Milling Law Office, LLC
Post Office Drawer 519
Darlington, SC 29540
Joshua Wallace Dixon, Esq., #10036
K&L Gates
134 Meeting Street, Suite 200

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Charleston, SC 29401
ATTORNEY FOR DEFENDANT
PROGRESS ENERGY

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