Martin et al v. RSC Equipment Rental Inc

Filing 95

CONSENT ORDER granting 87 Motion for Discovery. Signed by Magistrate Judge Kevin McDonald on 8/10/10.(ladd, )

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF SOUTH CAROLINA G R E E N WO O D DIVISION WILLIA M MARTIN AND S O N JA MARTIN, P l a in t if f s , v s. RSC EQUIPMENT RENTAL, INC., GLENN PIRKLE ELECTRICAL, INC. AND JOEL PIRKLE, D e fe n d a n t s . ) ) ) C.A. NO. 8:08-CV-2217-HFF ) ) CONSENT ORDER GRANTING MOTION ) FOR LEAVE TO TAKE DEPOSITIONS ) ) ) ) ) )

Th is matter is before the Court on Motion of counsel for RSC Equipment Rental, Inc. ("R S C " ) for an Order granting RSC leave to take depositions of three individuals outside of the C o u rt's Amended Scheduling Order. (ECF Doc. 87). RSC seeks an Order from the Court granting it leave to proceed with the depositions of Adam Neidermyer, Daryl Spaeth and Evan Holman o u tsid e of the Amended Scheduling Order dated October 19, 2009. Plaintiffs filed a timely

M em o ran d u m in Opposition to the Motion (ECF Doc. 88); however, the Plaintiffs now consent to th e depositions proceeding. Further, no opposition or objection has been filed in response to the M o tio n by any other party. Since the time to respond to the Motion has now expired, RSC's M o tio n is hereby granted based on the express consent of Plaintiffs. T h e re fo r e , IT IS HEREBY ORDERED, that RSC is granted leave to proceed with the d ep ositio ns of Adam Neidermyer, Daryl Spaeth and Evan Holman. IT IS FURTHER ORDERED, t h a t RSC shall have ten days following the completion of the depositions to file a Motion to C om pel with respect to any information, documents, or other materials that may be identified d u rin g the course of the depositions including, but not limited to, recorded statements of the w itn e s s e s . IT IS SO ORDERED.

August 10, 2010 G reen v ille, South Carolina

s/K ev in F. McDonald U n ited States Magistrate Judge

I SO MOVE: s/ Jonathan D. Hammond Jonathan D. Hammond (Fed ID 8016) Turner Padget Graham & Laney P.A. Po Box 1509 Greenville, SC 29602 [phone] (Telephone) [phone] (Facsimile) Attorneys for RSC Equipment Rental, Inc.

WE SO CONSENT:

s/ Thomas E. Hite, III Thomas E. Hite, Jr. (Fed. ID 1888) Thomas E. Hite, III (Fed ID 10657) Hite & Stone, P.A. P.O. Box 805 Abbeville, SC 29620 Attorneys for Plaintiffs