Richardson et al v. Horry County Policeman et al

Filing 174

AMENDED ORDER FOR SUPPLEMENTARY PROCEEDINGS AND NOTICE OF HEARING (rescheduled). 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 09/01/2021. (dsto, )

4:16-cv-00835-JD-TER

Date Filed 09/01/21

Entry Number 174

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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
CURTIS RICHARDSON,

)
)
Plaintiff,
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)
-vs)
)
)
D.S. WILKES, Darlington County
)
Detention Center Medical Staff
)
Supervisor;
)
Defendant.
)
___________________________________ )

Civil Action No.: 4:16-cv-0835-JD-TER

AMENDED1 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 proceedings2 requiring
1

2

Amended only to change the date of the hearing.

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

4:16-cv-00835-JD-TER

Date Filed 09/01/21

Entry Number 174

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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.
A hearing was previously scheduled for August 31, 2021. See Order (ECF No. 161).
Defendant Wilkes was served with a copy of the Order for Supplementary Proceedings and Notice
of Hearing (ECF No. 161) via certified mail, return receipt requested. See Certified Mail Receipt
(ECF No. 166). The Certified Mail Receipt indicates that “DS Wilkes” signed for the mail on
August 9, 2021. Id. Defendant Wilkes did not appear for the hearing.
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 September 27,
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

proceedings in aid of judgment enforcement include garnishment, arrest, mandamus, contempt,
appointment of a receiver, and discovery proceedings.”).
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Entry Number 174

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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.
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 provide the United States Marshal Service with a copy of
this Order for Supplementary Proceedings and Notice of Hearing to be personally served on
Defendant D.S. Wilkes at the address listed for said Defendant on the Certified Mail Receipt. See
ECF No. 166.
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
September 1, 2021
Florence, South Carolina

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