ORDERS:
ORDER
This matter is before me pursuant to the motion of the Petitioner, James E. MacDonald, for
a temporary restraining order enjoining NationsBank from releasing documents which are the subject
of a Subpoena Duces Tecum issued by the South Carolina Real Estate Commission (Commission)
on June 26, 1997. The subpoena seeks records pertaining to Petitioner's bank account, number
730039645, at NationsBank, and requires immediate compliance. Petitioner has filed a response to
the subpoena, stating that there are no charges pending against him by the Commission; that the
account in question is not a trust account and is not under the jurisdiction of the Commission; and
that the Petitioner was not notified of any pending charges, nor was he served with a copy of the
subpoena by the Commission.
Taking the Petitioner's allegations as true for the purposes of this motion, it appears that,
although the request for a temporary restraining order was made ex parte, irreparable harm would
result and the Petitioner would have no adequate remedy at law if the documents are released.
It is therefore ORDERED that NationsBank is temporarily restrained and enjoined from
releasing the documents which are the subject of Subpoena Duces Tecum #97-7, issued June 26,
1997, pending a hearing on the merits of Petitioner's motion. The hearing shall be held on Friday,
July 18, 1997, at 10:00 a.m., at the offices of the Administrative Law Judge Division, 1205
Pendleton Street, Suite 224, Columbia, South Carolina 29201.
AND IT IS SO ORDERED.
______________________________________
ALISON RENEE LEE
Administrative Law Judge
Columbia, South Carolina
July 10, 1997 |
