Southern Pilot Insurance Company v. Floyd et al

Filing 18

CONSENT ORDER dismissing Chick-a-Ray Poultry and Egg Co., Inc. Signed by Honorable R Bryan Harwell on 6/26/2013. (hcic, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

)
)
)
Plaintiff,
)
)
-versus)
)
LISA J. FLOYD, as Personal Representative of)
the Estate of Johnny Floyd, deceased, ERIC)
BEN PIERRE, DARLINGTON COUNTY)
SHERIFF’S DEPARTMENT; COUNTY OF)
DARLINGTON; DIANNA COLLINS, as)
Personal Representative of the ESTATE OF)
Harold Collins; CHICK-A-RAY POULTRY)
)
AND EGG CO., INC.
)
)
Defendants.
_____________________________________ )
SOUTHERN PILOT INSURANCE
COMPANY

C.A. No.: 4:13-cv-00106-RBH

CONSENT ORDER

This matter comes before this Court by the consent of the partes. The Defendant Chick-ARay Poultry & Egg Co., Inc. (“Chick-A-Ray”) was served with the Complaint in this matter on or
about January 28, 2013. Since that time, Chick-a-Ray has been in contact with the Plaintiff and its
counsel extensively in an effort to reach an agreement on the issues in the Complaint as they relate
to Chick-A-Ray. As a result of these continuing discussions, Chick-A-Ray did not timely file an
Answer in this case. Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, the default of
Defendant Chick-A-Ray is hereby set aside for good cause shown and with the consent of the
Plaintiff.
Further, the Plaintiff and Chick-A-Ray have reached an agreement regarding the impact of
this declaratory judgment action on the rights of Chick-A-Ray.

The Defendant Chick-A-Ray

consents to be bound by the outcome of this declaratory judgment action as it relates to the issues

presently raised in the Complaint filed on January 9, 2013. The consent to be bound only extends
to issues regarding uninsured motorist and underinsured motorist coverage contained in Chick-ARay’s policy with the Plaintiff, as alleged in the Complaint of January 9, 2013, and to no other issues
which may be subsequently raised.
It is hereby ordered that any default entered against the Defendant Chick-A-Ray Poultry &
Egg Co., Inc. shall be set aside pursuant to Rule 55(c), FRCP. It is further ordered that Chick-A-Ray
Poultry & Egg Co., Inc. shall be bound by the outcome of this declaratory judgment action, subject
to the limitations described in this Order, and as such that Chick-A-Ray Poultry & Egg Co., Inc.
Shall hereby be dismissed and not required to further appear in this action. It is further ordered that
Chick-A-Ray Poultry & Egg Co., Inc. shall bear its own attorneys’ fees and costs and shall not be
responsible for the attorneys’ fees and costs of any other party hereto.
IT IS SO ORDERED.
Florence, South Carolina.

s/R. Bryan Harwell
The Honorable R. Bryan Harwell
United States District Court Judge

June 26, 2013

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WE CONSENT:
WALL TEMPLETON & HALDRUP, P.A.

_s/Neil S. Haldrup_____________________
Neil S. Haldrup (Fed ID #5453)
Post Office Box 1200
145 King Street, Ste. 300
Charleston, South Carolina 29402
ATTORNEYS FOR PLAINTIFFS

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WE CONSENT:
PARHAM SMITH & ARCHENHOLD, LLC

_s/S. Blakely Smith____________________
S. Blakely Smith
Post Office Box 2800
201 W. McBee Avenue, Ste. 210
Greenville, South Carolina 29602
ATTORNEYS FOR DEFENDANT
LISA FLOYD, AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF JOHNNY FLOYD, DECEASED

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WE CONSENT:
TURNER PADGET GRAHAM & LANEY, P.A.

s/
_C.

Pierce Campbell____________________
C. Pierce Campbell
Post Office Box 5478
319 S. Irby Street
Florence, South Carolina 29501
ATTORNEYS FOR DEFENDANT
CHICK-A-RAY POULTRY & EGG CO., INC.

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