ETW Development Company LLC v. ACE Fire Underwriters Insurance Company

Filing 27

CONSENT ORDER GRANTING DEFENDANT'S MOTION TO COMPEL. Signed by Honorable R Bryan Harwell on 8/29/2012.(hcic, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
ETW DEVELOPMENT COMPANY,
LLC,
Plaintiff,
v.
ACE FIRE UNDERWRITERS
INSURANCE COMPANY,
Defendant.

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CIVIL ACTION FILE
NO.: 4:12-CV-00170-RBH

CONSENT ORDER GRANTING DEFENDANT’S MOTION TO COMPEL
WHEREAS defendant ACE Fire Underwriters Insurance Company (“ACE”)
propounded its first interrogatories and request for production of documents on plaintiff
ETW Development Company, LLC (“ETW”) on June 19, 2012;
WHEREAS ETW failed to respond to ACE’s interrogatories and request for
production of documents within the thirty-three (33) days required by Federal Rules of
Civil Procedure 33 and 34;
WHEREAS ACE extended the time within which ETW could respond to ACE’s
interrogatories and request for production of documents until August 10, 2012;
WHEREAS ETW failed to respond to ACE’s interrogatories and request for
production of documents by August 10, 2012;
WHEREAS defendant ACE Fire Underwriters Insurance Company filed its
Motion to Compel ETW’s responses to ACE’s interrogatories and request for production
of documents on August 22, 2012;
WHEREAS the parties held an informal telephone call on August 27, 2012 with

Judge Harwell during which the parties agreed that ETW would respond to ACE’s
written discovery requests within fifteen (15) days of August 27, 2012; and that the
parties agreed to send a consent order reflecting that agreement.
WHEREAS ACE reserves the right to file another Motion to Compel should
ETW fail to provide responses to ACE’s interrogatories and request for production of
documents within fifteen (15) days of August 27, 2012;
IT IS HEREBY ORDERED AND ADJUDGED that defendant ACE Fire
Underwriters Insurance Company’s Motion to Compel be GRANTED and that plaintiff
ETW Development Company, LLC shall respond to ACE’s interrogatories and request
for production of documents within fifteen (15) days of August 27, 2012, or by Tuesday,
September 11, 2012.
SO ORDERED this 29th day of August, 2012.

s/ R. Bryan Harwell
HON. R. BRYAN HARWELL, Judge
United States District Court for the District
of South Carolina, Florence Division
Order prepared by:

s/ Wayne D. Taylor
WAYNE D. TAYLOR (GA Bar No. 701275)
Admitted Pro Hac Vice
BRIDGETTE E. ECKERSON (GA Bar No. 591373)
Admitted Pro Hac Vice
MOZLEY, FINLAYSON & LOGGINS LLP
One Premier Plaza, Suite 900
5605 Glenridge Drive
Atlanta, Georgia 30342
[phone]
[phone] facsimile

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[e-mail]
[e-mail]
-ands/ Robert Holmes Hood, Jr.
ROBERT HOLMES HOOD, JR. (6998)
THE HOOD LAW FIRM
172 Meeting Street
Charleston, SC 29401
843-577-4435
843-722-1630 (fax)
[e-mail]
Attorneys for Defendant
ACE Fire Underwriters Insurance Company
Consented to by:

s/ Jack Barnes
JACK BARNES
ALLEN JACKSON BARNES ATTORNEY AT LAW LLC
Post Office Box 2838
635 Henderson Street (29150)
Sumter, SC 29151
803-840-6327 (phone)
877-565-7367 (fax)
[e-mail]
-ands/ Everett J. Mercer
EVERETT J. MERCER
MERCER LAW FIRM
324-B North Main Street
Post Office Box 1347
Sumter, SC 29151
803-883-5163 (phone)
[e-mail]
Attorneys for Plaintiff
ETW Development Company, LLC
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