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Labor: E.R.I.S.A. | South Carolina
Order
TEXT ORDER: In light of the parties' recent correspondence concerning Defendant SouthState Bank, National Association's Renewed Motion for Summary Judgment (DE 68 ), and to clarify the status of this action, the stay imposed at DE 65 is LIFTED as to Plaintiff's claims against SouthState and proceedings concerning SouthState's Renewed Motion for Summary Judgment. The stay imposed at DE 65 remains in effect in all other respects. Nothing in this Order determines the applicability or scope of the automatic stay under 11 U.S.C. § 362 as to Defendant Juan Carlos Morciego Aguero or any other party. Plaintiff's filing at DE 69 states that he has not responded to the merits of SouthState's motion because he understood the action to remain stayed and also contends that the deposition of Aguero is necessary before he can proceed. Accordingly, before determining whether additional discovery is warranted, Plaintiff is DIRECTED, within seven (7) days of this Order, to file a supplemental submission pursuant to Federal Rule of Civil Procedure 56(d), supported by an affidavit or declaration satisfying that Rule, identifying with specificity: (1) the discovery he seeks; (2) the particular facts he reasonably expects that discovery to establish and the basis for believing those facts exist; (3) why those facts are essential to his opposition to SouthState's motion, including the particular ground or grounds raised in the motion to which the proposed discovery relates; (4) the efforts previously undertaken to obtain the information, why those efforts were unsuccessful, and whether the information can be obtained from another source; and (5) if Plaintiff contends the discovery cannot presently be obtained because of Aguero's bankruptcy, the legal and factual basis for that contention. SouthState may file a response within seven (7) days thereafter. Upon review of the parties' submissions, the Court will determine whether additional discovery is warranted. If Plaintiff does not establish an entitlement to relief under Rule 56(d), the Court will establish a deadline for Plaintiff to respond to the merits of SouthState's Renewed Motion for Summary Judgment without further discovery. If additional discovery is permitted, the Court will define its scope and set appropriate deadlines for completion and further briefing. The Court will schedule a status conference if necessary. IT IS SO ORDERED. Signed by the Honorable Joseph Dawson, III on 8/26/2026. (lgib, )
Plaintiff's filing at DE 69 states that he has not responded to the merits of SouthState's motion because he understood the action to remain stayed and also contends that the deposition of Aguero is necessary before he can proceed. Accordingly, before determining whether additional discovery is warranted, Plaintiff is DIRECTED, within seven (7) days of this Order, to file a supplemental submission pursuant to Federal Rule of Civil Procedure 56(d), supported by an affidavit or declaration satisfying that Rule, identifying with specificity: (1) the discovery he seeks; (2) the particular facts he reasonably expects that discovery to establish and the basis for believing those facts exist; (3) why those facts are essential to his opposition to SouthState's motion, including the particular ground or grounds raised in the motion to which the proposed discovery relates; (4) the efforts previously undertaken to obtain the information, why those efforts were unsuccessful, and whether the information can be obtained from another source; and (5) if Plaintiff contends the discovery cannot presently be obtained because of Aguero's bankruptcy, the legal and factual basis for that contention.
SouthState may file a response within seven (7) days thereafter. Upon review of the parties' submissions, the Court will determine whether additional discovery is warranted. If Plaintiff does not establish an entitlement to relief under Rule 56(d), the Court will establish a deadline for Plaintiff to respond to the merits of SouthState's Renewed Motion for Summary Judgment without further discovery. If additional discovery is permitted, the Court will define its scope and set appropriate deadlines for completion and further briefing. The Court will schedule a status conference if necessary.
IT IS SO ORDERED.
Signed by the Honorable Joseph Dawson, III on 8/26/2026. (lgib, )
Stockholders Suits | South Carolina
Reply Not to a Motion
REPLY by Atlantic Coast Funding LLC, Atlantic Development Company LLC, D&C International Holdings LLC, Founders Aberdeen LLC, Founders BRGC LLC, Founders Bluewater LLC, Founders Development LLC, Founders Events LLC, Founders GGC LLC, Founders Golf Management LLC, Founders Group International, LLC, Founders IWGC LLC, Founders National Golf LLC, Founders RHGC LLC, Founders Tradition LLC, Founders Wild Wing LLC, Dan Liu, Offshore Captain LLC, Wild Wing Land and Development LLC to 308 Objection to Report and Recommendation . (Smith, Benjamin)
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