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Moore v. Club Car, LLC
United States District Court, D. South Carolina, Florence Division
November 16, 2018
Linda Moore, in her capacity as Personal Representative of the ESTATE OF MELISSA M. LAMB, and in her capacity as guardian for JL, a minor; Amber Crawford and Brook Lamb, as Personal Representatives of the ESTATE OF JOEL E. LAMB, JR.; Christopher Todd Tilton, as parent and natural guardian of KT, a minor; Ken Moore and Bree Moore, as parents and natural guardians of AM, a minor; and Steven Walker and Crystal Walker, parents and natural guardians of AW, a minor, Plaintiffs.
CLUB CAR, LLC and CURTIS INSTRUMENTS, INC., Defendants.
R. Dean MOTLEY RICE LLC ATTORNEY FOR PLAINTIFFS
Suzanne C. Ulmer KERNODLE COLEMAN ATTORNEY FOR DEFENDANT
CURTIS INSTRUMENTS, INC.
H. Hood, Jr. Hood Law Firm, LLC ATTORNEY FOR CLUB CAR, LLC
CONSENT ORDER REGARDING ANY ADDITIONAL PRODUCTIONS BY
DEFENDANT CURTIS INSTRUMENTS, INC.
BRYAN HARWELL UNITED STATES DISTRICT JUDGE.
MATTER having been brought before the Court by
application of counsel for Plaintiffs, Motley Rice LLC, and
after Plaintiffs and Curtis, Instruments, Inc. (collectively,
the “Parties”) conferred in good faith, conferred
with the Court, and thereafter conducted additional good
faith conferences, now by consent of the Parties, as appears
from the signatures of their respective counsel of record
below; IT IS on this 16th day of November
2018, STIPULATED AND ORDERED as follows:
Consent Order is entered into to facilitate the production,
exchange and discovery of documents and information in this
Defendant Curtis Instruments, Inc. (“Curtis”)
will provide additional unredacted copies of non-privileged
information or documents in discovery requested by Plaintiffs
under the express conditions set forth herein:
a. Plaintiffs have agreed, in order to resolve the pending
discovery disputes, that (1) the documents denoted in
Plaintiffs' November 14, 2018 correspondence (a copy of
which is attached hereto as Exhibit A) will be their last
request to Curtis (a) to produce additional information or
documentation withheld on relevance grounds and (b) to
produce additional copies of documents produced by Curtis, to
date, in new formats or without redactions; (2) Plaintiffs
will not request that Curtis provide any additional documents
addressed in Plaintiffs' discovery requests propounded to
date; (3) Plaintiffs will not seek any further discovery
(with the exception of possible depositions) addressed in
Plaintiffs' discovery requests propounded to date. This
agreement does not affect the rights of any party to serve
written discovery on topics not previously addressed in the
Parties' discovery requests propounded to date, subject
to the operative Scheduling Order and the Federal Rules of
Civil Procedure, or the obligation of any Party to provide
supplemental discovery responses required under Fed. R. Civ.
b. Curtis's agreement to produce these documents or
information without redactions and/or in new formats neither
constitutes an admission or concession that such information
is relevant to this litigation or that Plaintiffs are
entitled to such information nor does it waive Curtis's
continued objection to the relevance of this information to
the claims at issue in this action.
c. All documents or information produced by Curtis under this
Consent Order is subject to the Confidentiality Order filed
in this matter and a Certification by Counsel of Designation
of Information as Confidential will be provided. The use of
such information or documents by any Party (including Club
Car, LLC) outside of this litigation will be deemed a
violation of the Confidentiality Order entered into by
Curtis, Plaintiffs, and Club Car, LLC, and Curtis reserves
the right to pursue all rights and remedies available to it
for the improper or prohibited use of any such information or
d. Curtis will not produce unredacted copies of documents
requested that contain redactions based on attorney-client or
work-product privilege (see e.g., Plaintiffs'
request for Curtis Emails 55778 in Exhibit A, which Curtis
identified on its updated Privilege Log enclosed with its
November 7, 2018 production (a copy of which is attached
hereto as Exhibit B)).
respect to electronically stored information
(“ESI”) provided by Curtis in response to
Plaintiffs' requests in Exhibit A:
a. Curtis agrees to produce unredacted copies of the
documents responsive to Plaintiffs' November 14, 2018
requests set forth in Exhibit A, to the extent same exists.
b. Curtis agrees to produce new copies of those 79 documents
identified by Plaintiffs as “black box” items, in
section 1(c) of their November 14, 2018 email attached as
Exhibit A, should those ...