Bates v. Vandroff et al

Filing 142

ORDER granting 134 Motion for Failure to Comply Rule 37(b), (a) and (e). Signed by Honorable Sherri A Lydon on 04/16/2021.(dsto, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Kenneth Ray Bates,

Case No.: 4:17-cv-1838-SAL

Plaintiff,
v.
ORDER
ELI Solutions LLC,
Defendant.

This matter is before the Court pursuant to the Court’s January 22, 2021 Order (the “Order”).
[ECF No. 136]. In the Order, this Court ordered Defendant ELI Solutions, LLC to return all of
Plaintiff’s original materials by February 4, 2021. Id. The Court stated that if Defendant failed to
comply, the Court would appoint a person to return the documents at the Defendant’s expense. Id.
The Order also directed Plaintiff to inform the Court how he wished to receive his money damages
and materials. Id. Plaintiff complied with the order, [ECF No. 139], and Defendant did not.
Rule 70(a) of the Federal Rules of Civil Procedure provides:
If a judgment requires a party to convey land, to deliver a deed or other document,
or perform any other specific act and the party fails to comply within the time
specified, the court may order the act to be done—at the disobedient party’s
expense—by another person appointed by the court. When done, the act has the
same effect as if done by the party.
Fed. R. Civ. P. 70(a). Here, Defendant failed to comply within the time specified. Accordingly,
Plaintiff’s motion, ECF No. 134, is GRANTED. The clerk shall issue a writ of execution against
ELI Solutions, LLC. The Court appoints and ORDERS the United States Marshals Service to
collect the $400.00 default judgment and the original materials Plaintiff submitted to ELI
Solutions, LLC. The $400.00 judgment is to be delivered to Plaintiff’s trust fund account at FCI
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Hazelton. FCI Hazelton's trust fund supervisor can be reached at [e-mail] if assistance
is needed to transfer the funds. Plaintiff’s original materials are to be mailed to Mrs. Tammy
Milligan at 1981 South Reese St., Lima, OH 45804. This is to be carried out at Defendant’s
expense.
ELI Solutions, LLC lists its address on its website as P.O. Box 78, Mullins, SC 29574. See
https://live.vcita.com/site/nqfdp77sg4o4xacb.

Plaintiff effected service of process on ELI

Solutions LLC at 6914 E. Highway 76, Mullins, SC 29574. [ECF No. 35 p.9]. Upon information
and belief, ELI Solutions LLC is a Virginia limited liability company with its principal office at
6506 CoachLeigh Way, Alexandria, VA 22315. See Business Entity Search, Virginia State
Corporation

Commission

Clerks

Information

System,

https://cis.scc.virginia.gov/EntitySearch/Index (enter “Eli Solutions” in “Entity Name” field). ELI
Solutions LLC’s registered agent is Elias Abubaker. Id.

IT IS SO ORDERED.
/s/Sherri A. Lydon
Sherri A. Lydon
United States District Judge

April 16, 2021
Florence, South Carolina

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