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ELECTRONICALLY FILED - 2023 Sep 21 8:28 AM - HAMPTON - COMMON PLEAS - CASE#2023CP2500020
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
COUNTY OF HAMPTON CIVIL ACTION NO: 2023-CP-25-00020
Elizabeth Brooks,
Plaintiff,
v.
Moxy Power Systems, Inc., David LaRiviere, DEFENDANT MOXY POWER SYSTEMS,
and Lowe’s Home Centers, LLC (Store #1521), INC.’S MOTION TO COMPEL AGAINST
PLAINTIFF
Defendants.
TO: MARK D. BALL, ESQUIRE, ATTORNEYS FOR PLAINTIFF, AND TO THE
PLAINTIFF ABOVE-NAMED:
YOU WILL PLEASE TAKE NOTICE that Defendant Moxy Power Systems, Inc.
(“Moxy”), by and through its undersigned counsel, will move before the Presiding Judge of the
Hampton County Court of Common Pleas on the tenth (10th) day after service hereof, or as soon
thereafter as counsel may be heard, for an Order pursuant to Rules 26, 33, and 34 of the South
Carolina Rules of Civil Procedure, compelling Plaintiff to answer Moxy’s First Set of
Interrogatories and First Set of Requests for Production to Plaintiff, served via email on July 14,
2023.1 To date, no responses have been received. Moxy has communicated with Plaintiff by
email dated August 28, 20232 and by letter dated September 7, 2023,3 requesting responses to its
discovery in an attempt to resolve the issue contained in this motion. Plaintiff did not respond to
either correspondence.
1
Exhibit 1, Defendant Moxy Power Systems, Inc.’s First Set of Interrogatories and First Set of Requests for
Production to Plaintiff.
2
Exhibit 2, August 28, 2023 Email to Plaintiff.
3
Exhibit 3, September 7, 2023 Ten Day Letter to Plaintiff.
ELECTRONICALLY FILED - 2023 Sep 21 8:28 AM - HAMPTON - COMMON PLEAS - CASE#2023CP2500020
Defendant Moxy Power Systems, Inc. also requests, pursuant to Rule 37(a) of the South
Carolina Rules of Civil Procedure, an Order requiring Plaintiff to pay to Defendant Moxy Power
Systems, Inc. the amount of reasonable expenses incurred in obtaining the Order, including
reasonable attorneys’ fees.
Respectfully submitted,
MURPHY & GRANTLAND, P.A.
s/ Scott W. Giblin
Brent M. Boyd, SC Bar No. 66217
Scott W. Giblin, SC Bar No. 105368
Murphy & Grantland, P.A.
Post Office Box 6648
Columbia, SC 29260
Tel: (803) 782-4100
Fax: (803) 782-4140
Attorneys for Moxy Power Systems, Inc. and
David LaRiviere
Columbia, South Carolina
September 21, 2023
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ELECTRONICALLY FILED - 2023 Sep 21 8:28 AM - HAMPTON - COMMON PLEAS - CASE#2023CP2500020 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF HAMPTON CIVIL ACTION NO: 2023-CP-25-00020 Elizabeth Brooks, Plaintiff, v. Moxy Power Systems, Inc., David LaRiviere, DEFENDANT MOXY POWER SYSTEMS, and Lowe’s Home Centers, LLC (Store #1521), INC.’S MOTION TO COMPEL AGAINST PLAINTIFF Defendants. TO: MARK D. BALL, ESQUIRE, ATTORNEYS FOR PLAINTIFF, AND TO THE PLAINTIFF ABOVE-NAMED: YOU WILL PLEASE TAKE NOTICE that Defendant Moxy Power Systems, Inc. (“Moxy”), by and through its undersigned counsel, will move before the Presiding Judge of the Hampton County Court of Common Pleas on the tenth (10th) day after service hereof, or as soon thereafter as counsel may be heard, for an Order pursuant to Rules 26, 33, and 34 of the South Carolina Rules of Civil Procedure, compelling Plaintiff to answer Moxy’s First Set of Interrogatories and First Set of Requests for Production to Plaintiff, served via email on July 14, 2023.1 To date, no responses have been received. Moxy has communicated with Plaintiff by email dated August 28, 20232 and by letter dated September 7, 2023,3 requesting responses to its discovery in an attempt to resolve the issue contained in this motion. Plaintiff did not respond to either correspondence. 1 Exhibit 1, Defendant Moxy Power Systems, Inc.’s First Set of Interrogatories and First Set of Requests for Production to Plaintiff. 2 Exhibit 2, August 28, 2023 Email to Plaintiff. 3 Exhibit 3, September 7, 2023 Ten Day Letter to Plaintiff. ELECTRONICALLY FILED - 2023 Sep 21 8:28 AM - HAMPTON - COMMON PLEAS - CASE#2023CP2500020 Defendant Moxy Power Systems, Inc. also requests, pursuant to Rule 37(a) of the South Carolina Rules of Civil Procedure, an Order requiring Plaintiff to pay to Defendant Moxy Power Systems, Inc. the amount of reasonable expenses incurred in obtaining the Order, including reasonable attorneys’ fees. Respectfully submitted, MURPHY & GRANTLAND, P.A. s/ Scott W. Giblin Brent M. Boyd, SC Bar No. 66217 Scott W. Giblin, SC Bar No. 105368 Murphy & Grantland, P.A. Post Office Box 6648 Columbia, SC 29260 Tel: (803) 782-4100 Fax: (803) 782-4140 Attorneys for Moxy Power Systems, Inc. and David LaRiviere Columbia, South Carolina September 21, 2023