Opinion
CIVIL ACTION FILE NO.: 4:12-CV-00170-RBH
08-29-2012
ETW DEVELOPMENT COMPANY, LLC, Plaintiff, v. ACE FIRE UNDERWRITERS INSURANCE COMPANY, Defendant.
WAYNE D. TAYLOR (GA Bar No. 701275) Admitted Pro Hac Vice BRIDGETTE E. ECKERSON (GA Bar No. 591373) Admitted Pro Hac Vice MOZLEY, FINLAYSON & LOGGINS LLP ROBERT HOLMES HOOD, JR. (6998) THE HOOD LAW FIRM Attorneys for Defendant ACE Fire Underwriters Insurance Company JACK BARNES ALLEN JACKSON BARNES ATTORNEY AT LAW LLC EVERETT J. MERCER MERCER LAW FIRM Attorneys for Plaintiff ETW Development Company, LLC
CONSENT ORDER GRANTING DEFENDANT'S MOTION TO COMPEL
WHEREAS defendant ACE Fire Underwriters Insurance Company ("ACE") propounded its first interrogatories and request for production of documents on plaintiff ETW Development Company, LLC ("ETW") on June 19, 2012;
WHEREAS ETW failed to respond to ACE's interrogatories and request for production of documents within the thirty-three (33) days required by Federal Rules of Civil Procedure 33 and 34;
WHEREAS ACE extended the time within which ETW could respond to ACE's interrogatories and request for production of documents until August 10, 2012;
WHEREAS ETW failed to respond to ACE's interrogatories and request for production of documents by August 10, 2012;
WHEREAS defendant ACE Fire Underwriters Insurance Company filed its Motion to Compel ETW's responses to ACE's interrogatories and request for production of documents on August 22, 2012;
WHEREAS the parties held an informal telephone call on August 27, 2012 with
Judge Harwell during which the parties agreed that ETW would respond to ACE's written discovery requests within fifteen (15) days of August 27, 2012; and that the parties agreed to send a consent order reflecting that agreement.
WHEREAS ACE reserves the right to file another Motion to Compel should ETW fail to provide responses to ACE's interrogatories and request for production of documents within fifteen (15) days of August 27, 2012;
IT IS HEREBY ORDERED AND ADJUDGED that defendant ACE Fire Underwriters Insurance Company's Motion to Compel be GRANTED and that plaintiff ETW Development Company, LLC shall respond to ACE's interrogatories and request for production of documents within fifteen (15) days of August 27, 2012, or by Tuesday, September 11, 2012.
_______________
HON. R. BRYAN HARWELL, Judge
United States District Court for the District
of South Carolina, Florence Division
Order prepared by: _______________
WAYNE D. TAYLOR (GA Bar No. 701275)
Admitted Pro Hac Vice
BRIDGETTE E. ECKERSON (GA Bar No. 591373)
Admitted Pro Hac Vice
MOZLEY, FINLAYSON & LOGGINS LLP
-and- _______________
ROBERT HOLMES HOOD, JR. (6998)
THE HOOD LAW FIRM
_______________
Attorneys for Defendant
ACE Fire Underwriters Insurance Company
Consented to by: _______________
JACK BARNES
ALLEN JACKSON BARNES ATTORNEY AT LAW LLC
-and- _______________
EVERETT J. MERCER
MERCER LAW FIRM
Attorneys for Plaintiff
ETW Development Company, LLC