OPINION AND ORDER TERRY L. WOOTEN, Chief Judge. This matter is now before the Court on Motion for Summary Judgment filed by the Defendants, Media General, Inc.; Media General Operations, Inc. d/b/a WBTW CBS News 13 and the Morning News; Media General Communications Holdings, LLC d/b/a SCNOW.com; Mason Snyder, and Nicole Boone (collectively "Defendants"), on May 31, 2013. (Doc. #71). The Plaintiff, Louis Clay Tharp ("Plaintiff"), filed a Response in Opposition to Defendants' motion on July 8,...
ORDER RICHARD MARK GERGEL, District Judge. This matter comes before the Court on the Report and Recommendation ("R & R") of the Magistrate Judge recommending that this Court grant Defendants' partial motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 15). For the reasons set forth below, the Court agrees with and adopts the R & R as the order of the Court. Background Plaintiff initially filed this action in state court. As filed in state court,...
ORDER AND OPINION SEYMOUR, Senior District Judge. On August 29, 2011, Evangelina Hemphill ("Plaintiff") filed a lawsuit against United Parcel Service, Inc. ("Defendant" or "UPS"), alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"). ECF No. 1. Defendant filed an answer on September 21, 2011. ECF No. 5. On November 7, 2012, Defendant filed a motion for summary judgment, ECF No. 29, to which Plaintiff responded on November 20, 2012, ECF No....
ORDER AND OPINION MARGARET B. SEYMOUR, Senior District Judge. On October 4, 2005, Plaintiff United States of America, ex rel. Michael K. Drakeford, M.D., filed a qui tam complaint against Defendant Tuomey d/b/a Tuomey Healthcare System, Inc. The Government filed amended complaints on December 21, 2007 and November 12, 2008. The Government alleges it made payments to Tuomey under the Medicare and Medicaid Programs, but that the claims for payment were unlawful under the Stark Law, 42 U.S.C....
CONFIDENTIALITY ORDER R. BRYAN HARWELL, District Judge. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 7 th day of October, —, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials...
CONSENT CONFIDENTIALITY ORDER R. BRYAN HARWELL, District Judge. Whereas, the parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 25th day of November, 2013, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may...
OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on Plaintiff Jeff Yelton's ("Yelton") motion to strike portions of the administrative record, to supplement the administrative record, and for discovery. Yelton also moves the court to reconsider its September 9, 2013 Order granting in part Yelton's motion to stay the briefing deadline. Further, Yelton moves to strike docket numbers 36-2 and 38-2, and for leave to submit documents in camera. Finally,...
CONSENT CONFIDENTIALITY ORDER BRYAN HARWELL, District Judge. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 13th day of November, 2013, ORDERED Whereas, the parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have requested that the...
CONSENT CONFIDENTIALITY ORDER SHIVA V. HODGES, Magistrate Judge. Whereas, the parties to this action ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 6th day of November, 2013, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other materials which may...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court on motion of Defendant Federal Deposit Insurance Corporation ("FDIC"), as Receiver for Plantation Federal Bank ("Bank"), to dismiss Plaintiffs' Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant also requests that the Court take judicial notice of six exhibits accompanying its Motion to Dismiss and Reply. For the reasons set forth herein, Defendant's Motion to Dismiss and...
CLAWBACK AGREEMENT CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER J. MICHELLE CHILDS, District Judge. I. CLAWBACK AGREEMENT Background and Definitions The above-named Plaintiff and Defendant (collectively "the parties" and individually "party") represented by the attorneys signing this agreement are exchanging electronically stored information ("ESI") and documents in paper form. The exchange of ESI and documents ("Discovery Materials") is required or desirable because of discovery...
CONFIDENTIALITY ORDER R. BRYAN HARWELL, District Judge. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 7 th day of October, 2013, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other...
ORDER AND OPINION J. MICHELLE CHILDS, District Judge. This matter is before the court by way of an appeal by Appellant Don Alexander ("Appellant") from an order filed by the United States Bankruptcy Court for the District of South Carolina (the "Bankruptcy Court") on May 23, 2012, and a motion to dismiss the appeal by Appellee Barnwell County Hospital (the "Hospital"). 1 ( See ECF Nos. 1, 5-1, 21.) Appellant appeals the Order (the "Order") Confirming Debtor's First Amended Plan for...
ORDER AND OPINION J. MICHELLE CHILDS, District Judge. Plaintiffs Mark Visco ("Visco") and Christopher Watson ("Watson") (collectively "Plaintiffs") filed this collective action against Defendant Aiken County, South Carolina ("Defendant" or the "County"), on behalf of themselves and all others similarly situated, alleging violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201-219. ( See ECF Nos. 1, 49.) Plaintiffs also allege class claims against Defendant under Fed.R.Civ.P....
ORDER TIMOTHY M. CAIN, District Judge. In her complaint, the plaintiff, Temmessia Thurmond ("Thurmond"), alleges that the defendant, Drive Automotive Industries of America, Inc. ("Drive"), violated Title VII of the Civil Rights Act of 1964 by creating a hostile work environment and then retaliating against her when she initiated proceedings under Title VII and internal complaint procedures. (Complaint, ECF No. 1.) In turn, pursuant to certain contracts between the two parties, Drive has...
ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se plaintiff, James Corbett, brings this action pursuant to 42 U.S.C. 1983, alleging that the defendants violated his constitutional rights when they treated him with medications after he cut his arm. At the time of the incidents alleged herein, the plaintiff was housed at the Gilliam Psychiatric Hospital, a facility of the South Carolina Department of Corrections (SCDC). The Magistrate Judge assigned to this action 1 has prepared a...
REPORT AND RECOMMENDATION BRISTOW MARCHANT, Magistrate Judge. This action was filed by the Plaintiff on November 30, 2012, 1 pro se , pursuant to 42 U.S.C. 1983. Plaintiff, an inmate with the South Carolina Department of Corrections (SCDC), alleges violations of his constitutional rights by the named Defendants. The Defendants filed a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on March 28, 2013. As the Plaintiff is proceeding pro se , a Roseboro order was entered...
ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se plaintiff, Calvin Gaddy, brings this action pursuant to 42 U.S.C. 1983 raising various claims of constitutional violations. Specifically, the plaintiff alleges that (1) the Lancaster County Circuit Court violated his rights in convicting him; (2) he was subjected to excessive force on January 20, 2013; (3) the United States Court of Appeals for the Fourth Circuit violated his rights in Case No. 11-7424; (4) he has a high blood...
REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JACQUELYN D. AUSTIN, Magistrate Judge. This matter is before the Court on Plaintiff's motion for preliminary injunction. [Doc. 21.] Pursuant to the provisions of 28 U.S.C. 636(b)(1)(A), and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to hear and determine all pretrial matters in cases filed under 42 U.S.C. 1983. Plaintiff filed this action complaining that he has never been legally indicted by a grand jury...
ORDER JOSEPH F. ANDERSON, Jr., District Judge. The pro se plaintiff, Calvin L. Gaddy, brings this action pursuant to 42 U.S.C. 1983 claiming violations of his constitutional rights by the defendants with regard to the process and results of a prison disciplinary hearing. At the time the complaint was filed, the plaintiff was incarcerated at the Perry Correctional Institution of the South Carolina Department of Corrections. He is now housed at the Lieber Correctional Institution. The...
