Brewington et al v. Davis et al

Filing 14

CONSENT ORDER: It is hereby ORDERED that Plaintiff's Motion to Stay is GRANTED until Plaintiffs' pending Motion to Remand has been ruled upon. Signed by the Honorable R. Bryan Harwell on 3/9/2017. (hcic, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Henry Brewington and Virginia Brewington, ) Individually and d/b/a Levelz Bar & Grill ) ) Plaintiffs, ) vs. ) ) Melvina Devine Davis, City of Myrtle Beach, ) State of South Carolina and Horry County, ) State of South Carolina, ) ) Defendants. ) ) Civil Case No. 4:17-cv-00387-RBH CONSENT ORDER The Plaintiffs Henry Brewington and Virginia Brewington, Individually and d/b/a Levelz Bar & Grill (“Plaintiffs”) have filed a motion with this Court for an Order Staying Court’s Conference and Scheduling Order deadlines [ECF No. 4] until such time as the Court has ruled upon Plaintiff’s Motion to Remand. This action was originally filed in the Horry County Court of Common Pleas with Civil Action No. 17-CP-26-685. On February 9, 2017, Defendant City of Myrtle Beach, State of South Carolina (“Defendant City”) filed a Petition and Notice of Removal to Federal Court [ECF No. 1]. On February 28, 2017, Plaintiffs filed a Motion to Remand [ECF No. 11] and now seek to stay the Court’s current Scheduling Order deadlines [ECF No. 4] until their motion has been ruled upon. Opposing counsel have consented to this request so long as parties are allowed to proceed with discovery. Therefore, it is hereby ORDERED that Plaintiff’s Motion to Stay is GRANTED until Plaintiffs’ pending Motion to Remand has been ruled upon. Parties shall move forward with 1 discovery during the interim. IT IS SO ORDERED. March 9, 2017 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge I SO MOVE: WE SO CONSENT: THE BRITTAIN LAW FIRM, P.A. BATTLE LAW FIRM, PA By: s/Thomas C. Brittain Thomas C. Brittain (Bar No. 04920) 4614 Oleander Drive Myrtle Beach, SC 29577 843-449-8562 843-497-6124 (fax) Email: tommyb@brittainlawfirm.com Counsel for Plaintiffs By: s/Michael W. Battle Michael W. Battle 1200 Main Street Conway, SC 29528 843-248-4321 843-248-5421 (fax) Email: mbattle@battlevaught.com Counsel for Defendant City of Myrtle Beach AIKEN BRIDGES By: s/Samuel F. Arthur, III Samuel F. Arthur, III 181 East Evans Street, Suite 409 Florence, SC 29506 843-669-8787x308 843-664-0097 (fax) Email: sfa@aikenbridges.com Counsel for Defendant Horry County ROBERT J. MORAN, PA By: s/Robert J. Moran, Jr. Robert J. Moran, Jr. 70-D Da’Gullah Way Pawleys Island, SC 29585 843-237-4533 843-237-3163 fax Email: mullettlaw@aol.com Counsel for Defendant Melvina Devine Davis 2

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