Brewington et al v. Davis et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Henry Brewington and Virginia Brewington, )
Individually and d/b/a Levelz Bar & Grill
Melvina Devine Davis, City of Myrtle Beach, )
State of South Carolina and Horry County,
State of South Carolina,
Civil Case No. 4:17-cv-00387-RBH
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
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
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
Counsel for Plaintiffs
By: s/Michael W. Battle
Michael W. Battle
1200 Main Street
Conway, SC 29528
Counsel for Defendant City of Myrtle Beach
By: s/Samuel F. Arthur, III
Samuel F. Arthur, III
181 East Evans Street, Suite 409
Florence, SC 29506
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
Counsel for Defendant Melvina Devine Davis
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