Morning v. Dillon County et al
| Robert Earl Morning |
| Dillon County, Dillon County Sheriff's Office, Major Hulon, Ken Carlisle Rogers, James Jackson, Andrew Miller and Richard Day |
| 4:2015cv03349 |
| August 21, 2015 |
| US District Court for the District of South Carolina |
| Florence Office |
| Dillon |
| R Bryan Harwell |
| Thomas E Rogers |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
114
DEFAULT JUDGMENT is entered against defendant Ken Carlisle Rogers (in his individual capacity) in the amount of Thirty Five Thousand and No/100 ($35,000.00) Dollars. (dsto, )
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Filing
86
ORDER RULING ON REPORT AND RECOMMENDATION: The Court finds no clear error and therefore adopts and incorporates by reference the Magistrate Judge's R&R (ECF No. 84 ). Accordingly, the Court GRANTS the Motion to Enforce S ettlement (ECF No. 79 ) filed by Defendants Dillon County Sheriff's Office and Richard Day and DISMISSES both defendants (who are no longer parties to this action)with prejudice. The Court notes Defendant Ken Carlisle Rogers- the only remaining defendant has not filed an answer or otherwise appeared in this action, but Plaintiff has not requested an entry of default against him. The Court ORDERS Plaintiff to show cause as to why his claims against Defendant Rogers should not be dismissed fo r failure to prosecute. Plaintiff must file a response no later than Friday, June 15, 2018. Failure to file a response will result in dismissal of this sole remaining defendant and the Court closing the case. Signed by Honorable R Bryan Harwell on 06/12/2018. (dsto, )
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Filing
60
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates by reference the R & R (ECF No. 47 ) to the extent it is consistent with this Order. The Court GRANTS IN PART AND DENIES IN PART the motion for summa ry judgment (ECF No. 30 ). Specifically, the Court GRANTS summary judgment as to all claims against Defendants Dillon County, Hulon, Jackson, and Miller, and DISMISSES these four defendants with prejudice. The Court DENIES summary judgment as to the § 1983 bystander liability claim against Day, and GRANTS summary judgment as to all other claims against Day. The Court DENIES summary judgment as to the assault, battery, and gross negligence claims against theDCSO brought under the SCTCA, and GRANTS summary judgment as to all other claims against the DCSO. To clarify, the only claims that remain pending are (1) a § 1983 bystander liability claim against Day, (2) assault, battery, and gross negligence claims against the DCSO brought u nder the SCTCA, and (3) all claims against Rogers. The Court finds the parties' Joint Motion to Hold in Abeyance the Second Amended Scheduling Order (ECF No. 34 ) is moot. The Court DIRECTS the parties to submit a proposed consent amended scheduling order within five days of the date of this Order.IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 09/27/2017. (dsto, )
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