IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
CONSOLIDATED MULTIPLE
LISTING SERVICE, INC.,
Defendant.
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Civil Action No. 08:cv-01786-SB
ANSWERS OF THE UNITED STATES
TO STANDARD INTERROGATORIES
PURSUANT TO LOCAL RULE 26.01
DSC
Filed: 05/02/2008
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Plaintiff United States of America, pursuant to Local Civil Rule 26.01 DSC, respectfully
submits the following answers to the Court's standard interrogatories under Local Civil Rule
26.01 DSC.
- State the name, address and telephone number of all persons or legal entities
who may have a subrogation interest in each claim and state the basis and
extent of said interest.
ANSWER: The United States is not aware of any persons or legal entities who have a
subrogation interest in the claims.
- As to each claim, state whether it should be tried jury or non-jury and why.
ANSWER: All claims should be tried non-jury because the United States seeks only
injunctive relief.
- State whether the party submitting these responses is a publicly owned
company and separately identify: (1) each publicly owned company of which
it is a parent, subsidiary, partner, or affiliate; (2) each publicly owned
company which owns ten percent or more of the outstanding shares or other
indicia of ownership of the party; and (3) each publicly owned company in
which the party owns ten percent or more of the outstanding shares.
ANSWER: The United States is not a publicly owned company.
- State the basis for asserting the claim in the division in which it was filed (or
the basis of any challenge to the appropriateness of the division).
ANSWER: The basis for asserting the claim in the division in which it is filed is that
Defendant maintains its principal place of business, transacts business, and is found within this
District and the Division.
- Is this action related in whole or in part to any other matter filed in this
District, whether civil or criminal? If so, provide: (1) a short caption and the
full case number of the related action; (2) an explanation of how the matters
are related; and (3) a statement of the status of the related action. Counsel
should disclose any cases which may be related regardless of whether they
are still pending. Whether cases are related such that they should be
assigned to a single judge will be determined by the Court of court based on
a determination of whether the cases: arise from the same or identical
transactions, happenings or events; involve the identical parties or property;
or for any other reason would entail substantial duplication of labor if heard
by different judge?
ANSWER: This action is related to United States of America v. Multiple Listing Service
of Hilton Head Island, Inc., Civil Action No. 9:07-CV-3435-SB, where the Untied States raised
similar claims against the multiple listing service for Hilton Head, South Carolina. That case has
settled.
- [Defendants only] If the defendant is improperly identified, give the proper
identification and state whether counsel will accept service of an amended
summons and pleading reflecting the correct identification.
ANSWER: N/A
- [Defendants only] If you contend that some other person or legal entity is in
whole or in part, liable to you or the party asserting a claim against you in
this matter, identify such person or entity and describe the basis of said
liability.
ANSWER: N/A
May 2, 2008
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_______________/s/________________
KEVIN F. McDONALD
ACTING UNITED STATES ATTORNEY
By:_______________/s/________________
Jennifer J. Aldrich (#6035)
Assistant United States Attorney
1441 Main Street, Suite 500
Columbia, South Carolina 29201
(803) 929-3000
Ethan C. Glass
U.S. Department of Justice
Antitrust Division, Litigation III Section
450 5th Street, N.W.
Suite 4000
Washington, DC 20530
(202) 307-0468
ATTORNEYS FOR PLAINTIFF
THE UNITED STATES OF AMERICA
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