Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
2011-01-28-02

STATE OF SOUTH CAROLINA

COUNTY OF RICHLAND

Studsvik Processing Facility Limited
Liability Company d/b/a Studsvik
Processing Facility Erwin, LLC,

Plaintiff,

v.

South Carolina State Budget and Control
Board, an Agency of the State of South
Carolina, and Chem-Nuclear Systems,
L.L.C.

Defendants.

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IN THE COURT OF COMMON PLEAS
FOR THE FIFTH JUDICIAL CIRCUIT

CIVIL ACTION NO. 08-CP-40-8043

 

CONSENT ORDER
GRANTING MOTION TO
AMEND COMPLAINT     

This matter comes before the Court by motions filed by Defendant, South Carolina State Budget and Control Board (the “BCB”) on November 29, 2010 to amend its answer and counterclaim, and by Plaintiff, Studsvik Processing Facility Limited Liability Company d/b/a Studsvik Processing Facility Erwin, LLC, (“Studsvik”) on January 4, 2011 to amend its complaint.    The Parties1 have agreed, and hereby consent, that Studsvik’s motion to amend its complaint should be granted.  This Order makes the BCB’s Motion to Amend Answer and Counterclaim unnecessary, as the BCB may respond to Studsvik’s Second Amended Complaint in full and include such defenses and counterclaims as it deems appropriate, including all that it sought to assert through its motion to amend.

NOW, THEREFORE, upon the Motion of Studsvik, by and with the consent of the BCB, it is therefore ordered that Plaintiff’s Motion to Amend Complaint is granted.

AND IT IS SO ORDERED.                                   


  s/Clifton Newman
THE HONORABLE CLIFTON NEWMAN

Columbia, South Carolina
January 28, 2011

WE SO MOVE:


John F. Beach
John J. Pringle, Jr.
Ellis, Lawhorne & Sims, P.A.
1501 Main Street, Fifth Floor
P.O. Box 2285
Columbia, South Carolina  29202
Attorneys for Plaintiff
Studsvik Processing Facility Limited Liability Company
d/b/a Studsvik Processing Facility Erwin, LLC

 

1 The Court and Parties note that on January 27, 2011, the Parties entered into a settlement agreement along with Chem-Nuclear Systems, LLC (“CNS”), and on that day filed a stipulation of dismissal, dismissing CNS from this action.