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)

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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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