Davy et al v. Duke Energy of The Carolinas LLC et al
Filing
63
ORDER granting 62 Motion for Entry of Consent Order. Signed by Honorable Mary Geiger Lewis on 4/22/2016.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SPARTANBURG DIVISION
FREDERICK CHARLES DAVY and
SHARON LEE DAVY, and on behalf of a
Class of Individuals Similarly Situated,
Case Number: 7:15-cv-04927-MGL
Plaintiffs,
vs.
DUKE ENERGY CAROLINAS, LLC,
ENERGY CONSERVATION SOLUTIONS,
INC., GREENSKY TRADE CREDIT, LLC,
and SUNTRUST BANKS, INC.,
CONSENT ORDER
Defendants.
Counsel for all parties in this litigation asks that the Court enter the following Order
governing the potential production of privileged documents or privileged information during
discovery in this litigation. For good cause shown,
IT IS ORDERED that:
The production of any document or other information subject to protection by the
attorney-client or other applicable privilege and/or the work product doctrine or by another legal
privilege protecting such information/documents from discovery shall not constitute a waiver of
any privilege or other protection, provided that the Producing Party notifies the Receiving Party
in writing of the production of the privileged document or information and the basis for the claim
within ten (10) business days after its discovery of same by the Producing Party. Provided the
above notice procedures are followed, the attorney-client privilege or work product doctrine is
not waived by disclosure in this litigation.
Upon written notice of a production of a privileged document by the Producing Party (or
oral notice if notice must be delivered at a deposition, hearing or in any circumstance where
written notice is not practical), the Receiving Party shall promptly return or destroy the specified
document and any hard copies the Receiving Party has, and may not use or disclose the
document or information contained therein. To the extent that the Producing Party insists on the
return or destruction of electronic copies, rather than disabling the documents from further use or
otherwise rending them inaccessible to the Receiving Party, the Producing Party shall bear the
reasonable costs of the return or destruction of such electronic copies.
To the extent the information contained in a document subject to a claim of privilege has
already been used in or described in other documents generated or maintained by the Receiving
Party, the Receiving Party will sequester such other documents until the claim of privilege has
been resolved. If the Receiving Party discloses the specified information before being notified of
its production, it must take reasonable steps to retrieve the information until the claim of
privilege is resolved.
If any Receiving Party is in receipt of a document from a Producing Party that the
Receiving Party has reason to believe was mistakenly produced by the Producing Party, the
Receiving Party shall in good faith take reasonable steps to notify the Producing Party of the
production of that document so that the Receiving Party may make a determination of whether
such document(s) was unintentionally produced.
IT IS SO ORDERED.
s/Mary Geiger Lewis
________________________________
Mary Geiger Lewis
United States District Judge
April 22, 2016
Columbia, South Carolina
WE SO MOVE AND CONSENT:
HAYNSWORTH SINKLER BOYD, P.A.
__/s/ H. Sam Mabry, III_________
H. Sam Mabry, III, Fed. I.D. No. 3252
smabry@hsblawfirm.com
Joshua D. Spencer, Fed. I.D. No. 9845
jspencer@hsblawfirm.com
Charles M. Sprinkle, Fed. I.D. No. 9712
csprinkle@hsblawfirm.com
Post Office Box 2048 (29602)
One North Main Street, Second Floor
Greenville, South Carolina 29601
(864) 240-3200 | Facsimile: (864) 240-3300
ATTORNEYS FOR DEFENDANT DUKE ENERGY CAROLINAS, LLC
April 22, 2016
Greenville, South Carolina
THE TOLLISON LAW FIRM, P.A.
__/s/L. Walter Tollison, III______
L. Walter Tollison, III, Fed. Bar #4117
Walt.tollison@thetollisonlawfirm.com
Lauren S. Price, Fed. Bar #10406
Lauren.price@thetollisonlawfirm.com
24 Vardry Street, Suite 203
Greenville, South Carolina 29601
(864) 451-7038 / Fax: (864) 451-7591
COPELAND RICHARDS, PLLC
Shawn A. Copeland, Pro Hac Vice
shawn@copelandrichards.com
Post Office Box 430
215 South Main Street, Suite 301
Davidson, North Carolina 28036
(704) 439-4441 | Fax: (704) 439-4413
ATTORNEYS FOR ENERGY CONSERVATION SOLUTIONS, INC.
April 22, 2016
Greenville, South Carolina
WESLEY D. FEW, LLC
__s/Wesley D. Few/_______________
Wesley D. Few, S.C.D.C. Id. No. 07371
1527 Blanding Street, Suite 203
P.O. Box 11546 (29211)
Columbia, South Carolina 29201
803-223-6942
wes@wesleyfew.com
ATTORNEYS FOR DEFENDANTS GREENSKY, LLC, F/K/A GREENSKY TRADE CREDIT,
LLC AND SUNTRUST BANKS, INC.
April 22, 2016
Columbia, South Carolina
WE CONSENT:
TD HILKA LAW, LLC
__s/ Travis Dane Hilka_____
Travis Dane Hilka, Esq.
Post Office Box 6442
Spartanburg, SC 29304
Phone: (864) 494-4100
Fax: (864) 585-0068
TDHilka@gmail.com
Timothy M. Ray
184 N. Daniel Morgan Avenue
Spartanburg, SC 29306
Phone: (864) 542-2800
Fax: (864) 585-0068
timray@spartanburgrealproperty.com
ATTORNEYS FOR PLAINTIFFS
April 22, 2016
Spartanburg, South Carolina
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