Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ashmore v. Williams

United States District Court, D. South Carolina, Anderson/Greenwood Division

June 6, 2017

Beattie B. Ashmore, in his capacity as court-appointed receiver for Ronnie Gene Wilson and Atlantic Bullion & Coin, Inc., Plaintiff,
v.
Claude Williams, Jr., Realty Associates, and Williams Grandchildren's Partnership, Defendants.

          ORDER AND OPINION

         Plaintiff Beattie B. Ashmore (“Plaintiff”), in his capacity as court-appointed receiver for Ronnie Gene Wilson (“Wilson”) and Atlantic Bullion and Coin, Inc. (“AB&C”), filed the instant action against Defendants Claude Williams, Jr., Realty Associates, and Williams Grandchildren's Partnership (together, “Defendants”) to recover grossly excessive payments received by Defendants as a return on their investment in the Wilson-AB&C Ponzi scheme.[1]

         This matter is before the court on Plaintiff's Motion to Compel. (ECF No. 34.) Specifically, Plaintiff requests that Defendants submit responses to Plaintiff's First Set of Interrogatories 6 through 10 (ECF No. 34-1 at 2-3) and produce documents in compliance with Plaintiff's First Set of Requests to Produce Numbers 6 and 7. (ECF 34-4 at 1-3.) Defendants oppose Plaintiff's Motion to Compel. (ECF Nos. 36, 37, 38.)[2] For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART Plaintiff's Motion to Compel.

         I. RELEVANT BACKGROUND

         Plaintiff is the court appointed Receiver in In Re: Receiver for Ronnie Gene Wilson and Atlantic Bullion & Coin, Inc., C/A No. 8:12-cv-02078-JMC, ECF No. 1 (D.S.C. July 25, 2012), a case related to the instant matter. Pursuant to his duties as Receiver, Plaintiff seeks to recover $289, 592.00 in what he claims are grossly excessive profits that Defendants received from Wilson and AB&C. (ECF No. 1)

         On September 28, 2016, Plaintiff served his First Set of Interrogatories and First Set of Requests to Produce on Defendant. (See ECF Nos. 34-1 & 34-4 at 1-3.) On November 28, 2015, Defendants submitted answers/responses to the interrogatories and requests to produce. (ECF Nos. 34-2 & 34-4). Defendants specifically object to answering the following interrogatory requests seeking disclosure of their assets:

Interrogatory No. 6: Identify for the past eight (8) years, and with specificity, all assets (owned, in whole or in part by Defendant), including, but not limited to, real property, personal property, bank and other financial accounts, investment accounts, automobiles, life insurance policies, stocks and bonds, offshore assets, and annuities.
ANSWER: Defendant objects to this request as it is not proportional to the needs of the case as it is not relevant to resolving the issues in the case. Defendant further objects to this Interrogatory as it is not narrowly tailored to request relevant information. Defendant additionally objects to this request to produce as it violates the privacy of Defendant. Defendant further objects to this request to produce as it appears to be a judgment collection tactic, and no judgment has been ordered, which is in violation of Defendant's due process rights.
Interrogatory No. 7: For each asset, state with particularity if any amount of money is owed or lien outstanding, and the name of the credit holder (i.e. bank, mortgage lender) for each asset.
ANSWER: Defendant objects to this request as it is not proportional to the needs of the case as it is not relevant to resolving the issues in the case. Defendant further objects to this Interrogatory as it is not narrowly tailored to request relevant information. Defendant additionally objects to this request to produce as it violates the privacy of Defendant. Defendant further objects to this request to produce as it appears to be a judgment collection tactic, and no judgment has been ordered, which is in violation of Defendant's due process rights. Notwithstanding this objection, none.
Interrogatory No. 8: Identify any and all assets owned or acquired within the last eight (8) years with money received from Ronnie Gene Wilson (“Wilson”) and/or Atlantic Bullion & Coin (“AB&C”) whether by payout or otherwise, including any asset that was purchased outright with Wilson/AB&C funds or the value of which was enhanced or equity increased by Wilson/AB&C funds.
ANSWER: Defendant objects to this request as it is not proportional to the needs of the case as it is not relevant to resolving the issues in the case. Defendant further objects to this Interrogatory as it is not narrowly tailored to request relevant information. Defendant additionally objects to this request to produce as it violates the privacy of Defendant. Defendant further objects to this request to produce as it appears to be a judgment collection tactic, and no judgment has been ordered, which is in violation of Defendant's due process rights. Notwithstanding this objection, none.
Interrogatory No. 9: Identify any and all assets owned or acquired with money received from Wilson and/or AB&C whether by payout or otherwise, including any asset that was purchased outright with Wilson/AB&C funds or the value of which was enhanced or equity increased by Wilson/AB&C funds that were transferred or sold in the last eight (8) years.
ANSWER: Defendant objects to this request as it is not proportional to the needs of the case as it is not relevant to resolving the issues in the case. Defendant further objects to this Interrogatory as it is not narrowly tailored to request relevant information. Defendant additionally objects to this request to produce as it violates the privacy of Defendant. Defendant further objects to this request to produce as it appears to be a judgment collection tactic, and no judgment has been ordered, which is in violation of Defendant's due process rights. Notwithstanding this objection, none.
Interrogatory No. 10: Identify for the past eight (8) years, and with specificity, all investments, including, but not limited to, 401(K) plans, pension plans, and foreign investments, including the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.