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Lorick v. A'Viands LLC
United States District Court, D. South Carolina, Columbia Division
June 25, 2019
BRIAN LORICK, CARLUS ANDERSON, HEIRBRANE FOSTER, SHANTREZ ROBERTSON, DEWAYNE ANDERSON, CHARLES ASMER, RALPH AVANT, JORDON AYONG, LEON BARNESS, JAMES BECKMAN, DEMETRIUS BENNETT, JAMES BILLIE, LEON BLACKMON, CHARLES BRANTLEY, JOSEPH BRIDGES, EMONTEE BROOKS, GREGORY BROOKS, JOSHUA BROWN, MITWAIN BROWN, HARLCART CARTER, TERRANCE CARTER, LARA CASTLEBERRY, MARCO CASTRO, JULUIS CHANEY, ANTHONY COE, BRANDON COLEMAN, STEPHEN CRAFT, WILLIAM CUTLEY, PAUL CUSHMAN, DONNELL DAVIS, THOMAS DAVIS, JOHNNY DICKERSON, MICHAEL DICKERSON, CHRIS DOAR, ANTHONY DOCTOR, WILLIE DOILEY, JAMES ELLEDGE RICKY ESAW, COTTRELL FLUDD, JOSEPH FRANK, CEDRIC FRANKLIN, JOHNNIE FRAZIER, JON GIBBS, JOSHUA GOHR, DANIEL GRAVES, DARRELL GREEN, SHAWN GREEN, JIMMY GREEN, ALPHONSO GUIDER, DANIEL HAMMOND, SAM HARRINGTON, TERRANCE HARRIS, WARREN HARRIS, JOHN HART, CURTIS HILL, SHAN HILL, ROBERT HOFFMAN, JUWON HOLMES, GERALD HOWELL, CLYDE HUNT, NATHANIEL HUNTER, CURTIS JACKSON, MARK JAMES, DOMINIQUE Q. JENKINS, CHRIS JOHNSON, ROBERT D. JOHNSON, TIMOTHY M. JOHNSTON, JR., GEORGE JONES, JAMES KICK, ANGELA KNIGHT, MYKELL LERCH, DEBORAH LESLIE, KENYATTA LINDSEY, GYLIAN LONG, VANTRONE MACK, TREADWAY MANNING, JACOB MARTIN, BRADLEY MASON, JEREMY K. MATTHEWS, DARRELL MCCLAM, THERON MCCRAY, JARED MCCULLOUGH, DAVID MCDONALD, GEORGE MCDOWELL, ANTONIO MCFADDEN, JOHN MCFATTER, JR., DWAYNE MCGOWAN, ROBERT MELLETTE, SCOTT MIMS, RODNEY MOUZON, TROY NICHOLS, JOSE NOLAN, JAMEY OSBOURNE, JOSEPH PECCHIA, KENNETH PELHAM, PARRISH PHILLIPS, CARLOS PUAC, ANTHONY RICHARDSON, TRAVIS RILEY, DARNELL RILEY, HENRY ROBINSON, MELVIN ROGERS, RYAN ROSEN, EDDIE SANDERS, WAYNE SCUPP, KEVIN SEARS, STEPHAN SEAY, GARY SNOW, MATTHEW SQUIRE, DERRECK STALLINGS, TOBIAS STUMP, KEVIN THAMES, DEMETRIUS THOMAS, STEVIOUS THOMPSON, TRACY TODD, GABRIELA VALLEJO, RODNEY WALTERS, NORMAN WIGHTMAN, MARION WILKES, DEONTRE WILLIAMS, NICHOLAS S. WILLIAMS, BRANDON WINGARD, TYRONE WISE, and MICHAEL YOUNG, Plaintiffs,
A'VIANDS, LLC, Defendant.
GEIGER LEWIS UNITED STATES DISTRICT JUDGE.
14, 2019, the parties attended a status conference regarding
the outstanding conditions to complete settlement of this
case. Plaintiffs in this case were all alleged to be
detainees at Lexington County Detention Center during the
time period in question. As set forth in Plaintiffs'
Complaint, Plaintiffs were allegedly made ill from the food
prepared by the Defendant.
April 10, 2019, the parties entered into a Settlement
Agreement for this case; however due to the number of
Plaintiffs in this action and given the fact most of them
have since been released from the Lexington County Detention
Center Plaintiffs' Counsel anticipates not being able to
find everyone to fully execute this Settlement. Counsel for
Plaintiffs has indicated that all Plaintiffs were instructed
to keep them informed of their current contact information
upon release or transfer.
the above circumstances the Court therefore directs Counsel
for Plaintiffs to complete the following process in
attempting to locate each of the named Plaintiffs:
(a) Gather and review all Documents housed at the Lexington
County Detention Center concerning Plaintiffs last known
address and contact information;
(b) Search the South Carolina Department of Corrections
electronic system for information concerning Plaintiffs
(c) Attempt to contact each Plaintiff via phone and letter at
their last known address; and
(d) Attempt to contact any known outside contacts of each
Plaintiff via phone and/or letter.
event the above procedure is followed by Counsel and three
months pass without contact from any of the above named
Plaintiffs, those Plaintiffs who cannot be located may be
dismissed from this action for lack of prosecution. Any
portion of the settlement funds that were allocated to the
dismissed Plaintiffs shall then increase the pro rata shares
of the remaining Plaintiffs left in this action.
the Court directs Counsel for Plaintiffs to follow the above
outlined procedure in attempting to locate each of the named
Plaintiffs and to file a status report every thirty days
informing the Court which Plaintiffs have been located.
conclusion of the three-month period detailed above, counsel
shall, if appropriate, file a motion to dismiss containing
argument as why dismissal for failure to prosecute is
appropriate for certain Plaintiffs and detailing the efforts
expended to contact those Plaintiffs sought to be dismissed.