Richardson et al v. Horry County Policeman et al
Filing
161
ORDER FOR SUPPLEMENTARY PROCEEDINGS and NOTICE OF HEARING. Absent any objections from the parties within fourteen days of the date of this Order, the Court will proceed with this hearing as scheduled. Signed by Magistrate Judge Thomas E Rogers, III on 07/29/2021. (dsto, )
4:16-cv-00835-JD-TER
Date Filed 07/29/21
Entry Number 161
Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
CURTIS RICHARDSON,
)
)
Plaintiff,
)
)
-vs)
)
)
D.S. WILKES, Darlington County
)
Detention Center Medical Staff
)
Supervisor;
)
Defendant.
)
___________________________________ )
Civil Action No.: 4:16-cv-0835-JD-TER
ORDER FOR SUPPLEMENTARY
PROCEEDINGS and
NOTICE OF HEARING
This matter has been referred to the undersigned to conduct supplementary proceedings in
aid of execution of a judgment entered against Defendant D.S. Wilkes. See ECF No. 143. On
February 13, 2018, the Court entered default judgment against Defendant D.S. Wilkes in the amount
of five thousand dollars. See ECF Nos. 95 & 96. On October 2, 2018, the Clerk issued a writ of
execution. See ECF No. 117. On April 25, 2019, the U.S. Marshals Service served the writ of
execution on Defendant Wilkes at 511 E. Home Ave., Hartsville, South Carolina. See ECF No. 131.
On April 29, 2019, the Marshals Service returned the writ unsatisfied. See ECF No. 131 . On August
6, 2019, the Court entered an order noting that the Marshals Service had returned the writ unsatisfied
and that Plaintiff was entitled to seek any relief available under Federal Rule of Civil Procedure
69(a). See ECF No. 135. On September 30, 2019, Plaintiff filed a Motion to Enforce Judgment.
See ECF No. 138. As noted in the Order from the District Judge on August 3, 2020, because the writ
of execution was returned unsatisfied, Plaintiff is entitled to supplementary proceedings1 requiring
1
Supplementary proceedings encompass a variety of types of relief. See Travelers Indem.
Co. of Ill. v. Hash Mgmt., Inc., 173 F.R.D. 150, 152 (M.D.N.C. 1997) (“Supplementary
proceedings in aid of judgment enforcement include garnishment, arrest, mandamus, contempt,
4:16-cv-00835-JD-TER
Date Filed 07/29/21
Entry Number 161
Page 2 of 3
Defendant Wilkes to appear before this Court for the purpose of discovering property that is not
exempt from execution to be applied toward satisfaction of the judgment entered against her in this
case.
Accordingly, pursuant to Federal Rule of Civil Procedure 69(a) and S.C. Code Ann. §§ 1539-310, Defendant D.S. Wilkes is directed to appear before the undersigned on August 31,
2021, at 10:30 a.m. in Courtroom # 3, McMillan Federal Building, 401 W. Evans St., Florence,
South Carolina, to answer questions concerning her assets and to produce all personal and business
checkbooks and records, savings account books, life insurance policies, stock certificates, deeds,
notes, mortgages, bonds and tax returns through the preceding three (3) years, both for the United
States and for the State of South Carolina, and all other current records pertaining to her financial
status, including, but not limited to, balance sheets, inventory statements and related accounting
documents, current leases, stock subscription agreements, receipts and contracts of sale and
purchase, to testify under oath as to such property and income; and to show cause, if any can be
shown, why a receiver should not be appointed to take charge of and dispense of Defendant D.S.
Wilkes’ property for the satisfaction of the aforesaid judgment. Failure to appear and produce the
documents as ordered herein may result in sanctions for contempt. See S.C. Code Ann. § 1539-490.
Defendant D.S. Wilkes is restrained and enjoined from changing, altering, destroying or
defacing any of the instruments, and from making any transfer or other disposition of the property
not exempt by law from execution, except in the regular and ordinary course of business.
appointment of a receiver, and discovery proceedings.”).
-2-
4:16-cv-00835-JD-TER
Date Filed 07/29/21
Entry Number 161
Page 3 of 3
Further, due to the increase in Covid-19 cases and to limit the number of people in the
courtroom, Plaintiff will appear for this hearing via video-conferencing to be coordinated by this
Court and FCI Bennettsville.
Absent any objections from the parties within fourteen days of the date of this order,
the Court will proceed with this hearing as scheduled.
The Clerk of Court is directed to serve a copy of this Order for Supplementary Proceedings
and Notice of Hearing on Defendant D.S. Wilkes via certified mail, return receipt requested, at the
address listed for said Defendant on the Return of Service. See ECF No. 131.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
July 29, 2021
Florence, South Carolina
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?