SCP Distributors LLC v. Harrington et al
| South Carolina District Court | |
| Judge: | Joseph Dawson, III |
| Case #: | 4:24-cv-00345 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jan 24, 2024 |
| Terminated: | May 17, 2024 |
| Last checked: Tuesday Jul 23, 2024 5:12 AM EDT |
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Defendant
Cascade Custom Pools LLC
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Defendant
Christopher Harrington
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Plaintiff
SCP Distributors LLC
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Represented By
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| Docket last updated: 05/15/2025 11:59 PM EDT |
| Wednesday, May 07, 2025 | ||
| 33 | 33
misc
Document Mailed
Wed 05/07 2:22 PM
***DOCUMENT MAILED:32 REPORT AND RECOMMENDATION w/NEF placed in U.S. Mail from Florence Clerks Office to Christopher Harrington, 152 Calhoun Falls Drive, Myrtle Beach, SC 29579 (mcot, ) |
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| 32 | 32
motion
Report and Recommendation
Wed 05/07 2:20 PM
REPORT AND RECOMMENDATION: It is recommended that the District Judge deny without prejudice the remaining portion of ECF No. 19 - the portion in which Plaintiff has made a Motion to Enforce Judgment. IT IS SO RECOMMENDED. Objections to R&R due by 5/21/2025 -add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 5/7/2025. (mcot, ) |
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| 31 | 31
misc
Document Mailed
Wed 05/07 12:56 PM
***DOCUMENT MAILED: ECF No. 29 Motion Hearing placed in U.S. Mail from Florence Clerks Office to Christopher Harrington, 152 Calhoun Falls Drive, Myrtle Beach, SC 29579 (mcot, ) |
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| 30 | 30
notice
Notice of Change of Address
Wed 05/07 12:55 PM
NOTICE of Change of Address by Christopher Harrington (mcot, ) |
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| 29 | 29
minutes
Motion Hearing
Wed 05/07 12:53 PM
Minute Entry. Proceedings held before Magistrate Judge Kaymani D West: Motion Hearing held on 5/7/2025 re: ECF No. 19 Motion to Enforce Judgment and for Supplemental Proceedings by SCP Distributors LLC. Attorney Nicolas John Cherry present for Plaintiff SCP Distributors LLC; Defendant Christopher Harrington present and sworn. Show Cause hearing held. Plaintiff's counsel indicated no additional motions were necessary at this time. Court Reporter: CourtSmart, L. Gibbons. (mcot, ) |
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| Monday, April 21, 2025 | ||
| 28 | 28
misc
Mail Returned
Mon 04/21 12:17 PM
Mail Returned as Undeliverable. Addressee: Christopher Harrington, 632 Palmetto Palm Dr., Myrtle Beach, SC 29579 . Document Returned:24 Notice of Hearing and Order to Show Cause. (prou, ) |
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| 27 | 27
misc
Mail Returned
Mon 04/21 12:15 PM
Mail Returned as Undeliverable. Addressee: Christopher Harrington, 632 Palmetto Palm Dr., Myrtle Beach, SC 29579 (certified mail). Document Returned:24 Notice of Hearing and Order to Show Cause. (prou, ) |
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| Monday, April 14, 2025 | ||
| 26 | 26
service
Certified Mail Receipt
Tue 04/15 12:44 PM
CERTIFIED MAIL RECEIPT re24 Notice of Hearing and Order to Show Cause, served on Cascade Custom Pools LLC on 4/7/2025. (prou, ) |
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| Wednesday, April 02, 2025 | ||
| 25 | 25
misc
Document Mailed
Wed 04/02 11:38 AM
***DOCUMENT MAILED:24 NOTICE OF HEARING and ORDER TO SHOW CAUSE w/NEF, placed in U.S. Mail via regular and certified mail from Florence Clerk's Office to Cascade Custom Pools LLC, 6650 Rivers Ave., Suite 200, North Charleston, SC 29406 (certified mail article #7002 2030 0001 4451 9507) and Christopher Harrington, 632 Palmetto Palm Dr., Myrtle Beach, SC 29579 (certified mail article # 7002 2030 0001 4451 9118). (prou, ) |
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| 24 | 24
4
pgs
order
Order to Show Cause
Wed 04/02 11:06 AM
NOTICE OF HEARING and ORDER TO SHOW CAUSE (Hearing at 10:30 a.m. on May 7, 2025): IT IS ORDERED that Defendants Christopher Harrington and Cascade Custom Pools LLC appear before United States Magistrate Judge Kaymani D. West, in Courtroom 3 of the United States District Court, Florence Division, located at the McMillan Federal Building, 401 West Evans Street, Florence, South Carolina 29501, on May 7, 2025, at 10:30 a.m. to answer under oath concerning assets, and to show cause why your property should not be applied toward satisfaction of the Judgment herein. The court will consider all motions necessary to dispose of this matter, including, but not limited to, motions to appoint a receiver, and motions to continue the matter. Absent any objections from the parties within 14 days of the date of this order, the court will proceed with this hearing as scheduled.Signed by Magistrate Judge Kaymani D West on 4/2/2025. (prou, ) |
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| Friday, March 28, 2025 | ||
| 23 | 23
order
Order Referring Motion
Fri 03/28 10:20 AM
TEXT ORDER REFERRING MOTION: 19 MOTION to Enforce Judgment and for Supplemental Proceedings filed by SCP Distributors LLC. Signed by the Honorable Joseph Dawson, III on 3/28/2025. Motions referred to Kaymani D West. (lgib, ) |
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| Thursday, March 27, 2025 | ||
| 22 | 22
order
Order
Thu 03/27 2:17 PM
TEXT ORDER granting in part 19 Plaintiff SCP Distributors LLC's Petition for Supplemental Proceedings as provided here. On May 17, 2024, the Court entered default judgment for Plaintiff SCP Distributors LLC ("Plaintiff"), against Defendants Cascade Custom Pools LLC, and Christopher Harrington ("Defendants") in the amount of two hundred sixty-eight thousand, four hundred forty-eight dollars and 10/100 ($268, 448.10); interest in the amount of thirty-seven thousand, seven hundred nineteen dollars and 13/100 ($37,719.13); attorneys' fees in the amount of twenty thousand, eight hundred fifty-three dollars and 70/100 ($20,853.70); filing fees in the amount of four hundred five dollars and 00/100 ($405.00); service costs in the amount of one hundred sixty dollars and 00/100 ($160.00); and document retrieval in the amount of fifty-five dollars and 00/100 ($55.00) for a total amount of three hundred, twenty-seven thousand, six hundred forty dollars and 93/100 ($327, 640.93) plus post-judgment interest of 5.13%. (DE 11.) On June 7, 2024, the Clerk issued a writ of execution. (DE 16.) After that, on August 2, 2024, the U.S. Marshals Service served the writ of execution on Cascade Custom Pools, LLC, and on August 29, 2024, Christopher Harrington was served; however, service was returned unsatisfied. (DE 17, DE 18.) On September 14, 2024, Plaintiff served written discovery styled as Post-Judgment Interrogatories to Judgment Debtors ("Written Discovery") with instructions to Defendants to respond and produce responsive documents under the Federal Rules of Civil Procedure. Plaintiff contends the responses were insufficient. (DE 19 at 3.) Plaintiff now seeks relief under Rule 69. Rule 69(a) provides that "[a] money judgment is enforced by a writ of execution" and that a federal court must follow state procedure when conducting "proceedings supplementary to and in aid of judgment or execution." Rule 69(a), Fed. R. Civ. P. This "mechanism is only available after the defendant has failed to voluntarily comply with the judgment." Braunstein v. Pickens, 274 F.R.D. 568, 575 (D.S.C. 2011). South Carolina Code Section 15-39-310 governs the institution of supplementary proceedings in this District. Osborn v. Pharm. Educ. & Dev. Found. of MUSC, 174 F. App'x 763, 764 (4th Cir. 2006). South Carolina law says that When an execution against property of the judgment debtor... is returned unsatisfied in whole or in part the judgment creditor at any time after such return is made is entitled to an order from a judge... requiring such judgment debtor to appear and answer concerning his property.... S.C. Code Ann. § 15-39-310 (2005). A "judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment." S.C. Code Ann. § 15-39-410 (2005). "Ordinarily, upon the return of an execution unsatisfied, a motion filed by the judgment creditor in the court rendering the judgment is sufficient to invoke the jurisdiction of that court to entertain supplementary proceedings." Ag-Chem Equip. Co. v. Daggerhart, 315 S.E.2d 379, 381 (S.C. Ct. App. 1984); see also Ex parte Wilson, 625 S.E.2d 205, 209 n.4 (S.C. 2005) ("If a judgment is unsatisfied, the judgment creditor may institute supplementary proceedings to discover assets."); Ex parte Mathis, 2018 WL 2049974, at *2 (S.C. Ct. App. May 2, 2018) (unpublished) (noting "'[p]roceedings supplementary to execution provide for examination of the judgment debtor for the purpose of discovering property'" that is not exempt from execution, to be applied toward satisfaction of the judgment (ellipsis and brackets removed) (quoting Lynn v. Int'l Bhd. of Firemen & Oilers, 90 S.E.2d 204, 206 (S.C. 1955))). Here, the Marshals Service returned the writ of execution unsatisfied, and Plaintiff has now moved for supplementary proceedings to enforce the judgment. Plaintiff is, therefore, entitled to the relief requiring Defendants to appear and answer concerning Defendants' property and for such other relief as the Court may deem just and necessary. See S.C. Code Ann. § 15-39-310. Accordingly, the Court GRANTS 19 Plaintiff's Petition for Supplemental Proceedings and REFERS this matter to the Magistrate Judge to conduct supplementary proceedings and to enter a Report and Recommendation. IT IS SO ORDERED. Signed by the Honorable Joseph Dawson, III on 3/27/2025. (lgib, ) |
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| Monday, November 04, 2024 | ||
| 20 | 20
misc
Case Reassigned CV
Mon 11/04 10:37 AM
Case Reassigned to Honorable Joseph Dawson, III. Honorable R Bryan Harwell no longer assigned to the case. (bshr, ) |
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| Friday, October 25, 2024 | ||
| 19 | 19
motion
Enforce Judgment
Fri 10/25 10:59 PM
MOTION to Enforce Judgment and for Supplemental Proceedings by SCP Distributors LLC. Response to Motion due by 11/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.(Cherry, Nicolas) |
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Att: 1
Exhibit 1. Transcript of Judgment in Horry County,
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Att: 2
Exhibit 2. Writ of Execution to U.S. Marshals,
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Att: 3
Proposed Order Proposed Order and Rule to Show Cause
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| Thursday, October 17, 2024 | ||
| 18 | 18
service
USM 285 Return of Service - Do Not Use for Return of Summons
Thu 10/17 12:38 PM
USM 285 RETURN OF SERVICE by SCP Distributors LLC. (hcic, ) |
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| Wednesday, September 11, 2024 | ||
| 17 | 17
service
USM 285 Return of Service - Do Not Use for Return of Summons
Wed 09/11 4:46 PM
USM 285 RETURN OF SERVICE by SCP Distributors LLC (Cherry, Nicolas) |
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| Friday, June 07, 2024 | ||
| 16 | 16
misc
Writ of Execution
Fri 06/07 4:17 PM
WRIT OF EXECUTION against Cascade Custom Pools LLC and Christopher Harrington in the amount of: $327,640.93. (hcic, ) |
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| 15 | 15
misc
Entry Deletion
Fri 06/07 4:10 PM
DELETION OF DOCKET ENTRY NUMBERS 12 and 13 Reason: Multiple errors. Corrected Filing Document Number14 . Modified filing date to that of original filing: 5/31/2024. (hcic, ) |
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| Thursday, June 06, 2024 | ||
| 14 | 14
misc
Application for Writ
Thu 06/06 4:03 PM
APPLICATION for Writ of Execution by SCP Distributors LLC.(Cherry, Nicolas) |
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Att: 1
Exhibit Proposed Writ of Execution,
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Att: 2
Exhibit Judgment Filed in Horry County
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| Friday, May 31, 2024 | ||
| 13 | 13
misc
Application for Writ
Fri 05/31 5:22 PM
APPLICATION for Writ of Execution by SCP Distributors LLC. (Cherry, Nicolas) |
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| 12 | 12
misc
Writ of Execution
Fri 05/31 5:14 PM
WRIT OF EXECUTION Against Cascade Custom Pools LLC and Christopher Harrington in the amount of: $327,640.93. (Cherry, Nicolas) |
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| Friday, May 17, 2024 | ||
| 11 | 11
misc
Judgment - Default
Fri 05/17 4:25 PM
DEFAULT JUDGMENT is entered for Plaintiff, SCP Distributors LLC, against Defendants Cascade Custom Pools LLC and Christopher Harrington. (lgib, ) |
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| 10 | 10
2
pgs
order
Order on Motion for Default Judgment
Fri 05/17 4:18 PM
ENTRY OF JUDGMENT BY DEFAULT. Signed by Chief Judge R Bryan Harwell on 5/17/2024. (lgib, ) |
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| Tuesday, April 02, 2024 | ||
| 9 | 9
motion
Default Judgment
Tue 04/02 2:39 PM
MOTION for Default Judgment as to Cascade Custom Pools LLC and Christopher Harrington by SCP Distributors LLC. Response to Motion due by 4/16/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.Proposed order is being emailed to chambers with copy to opposing counsel.(Cherry, Nicolas) |
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Att: 1
Exhibit A - Cascade Custom Pools Business Entity Filing,
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Att: 2
Exhibit B - Harrington SCRA Status,
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Att: 3
Affidavit of SCP Distributors LLC,
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Att: 4
Affidavit of N. Cherry
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| Tuesday, February 27, 2024 | ||
| 8 | 8
order
Clerks Entry of Default
Tue 02/27 8:22 AM
Clerk's ENTRY OF DEFAULT as to Cascade Custom Pools LLC and Christopher Harrington. (hcic, ) |
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| 7 | 7
misc
Request for Entry of Default
Tue 02/27 3:50 AM
REQUEST FOR ENTRY OF DEFAULT bySCP Distributors LLC. (Cherry, Nicolas) |
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| Friday, February 09, 2024 | ||
| 6 | 6
service
Summons Returned Executed - Complaint Served
Fri 02/09 10:31 AM
SUMMONS Returned Executed by SCP Distributors LLC. Christopher Harrington served on 2/1/2024, answer due 2/22/2024. (Cherry, Nicolas) |
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| 5 | 5
service
Summons Returned Executed - Complaint Served
Fri 02/09 10:28 AM
SUMMONS Returned Executed by SCP Distributors LLC. Cascade Custom Pools LLC served on 1/30/2024, answer due 2/20/2024. (Cherry, Nicolas) |
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| Wednesday, January 24, 2024 | ||
| 4 | 4
service
Summons Issued
Wed 01/24 9:38 AM
Summons Issued as to Cascade Custom Pools LLC, Christopher Harrington. Service due by 4/23/2024. (hcic, ) |
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| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Wed 01/24 9:37 AM
Local Rule 26.01 Answers to Interrogatories by SCP Distributors LLC. (hcic, ) |
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| 1 | 1
9
pgs
cmp
Complaint
Wed 01/24 9:36 AM
COMPLAINT against Cascade Custom Pools LLC, Christopher Harrington (filing fee $405 receipt number ASCDC-11544407), filed by SCP Distributors LLC. (hcic, ) |
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Att: 1
Agreement,
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Att: 2
Business Application and Agreement Form,
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Att: 3
Accounts Receivable Report
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