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Plaintiffs' Emergency Motion for Health Continuance of the May 28, 2026 Hearing Pending Rulings on Federally Mandated ADA Accommodations and the Pending Motion for Leave to File Second Amended Complaint

McNeil & Poyer v. SAC 181, LLC et al. — 2025-CP-10-05095

Document Overview

SC 9th Circuit Common Pleas Case number: 2025-CP-10-05095
Filing Date: May 26, 2026
Document: Plaintiffs' Emergency Motion for Health Continuance of the May 28, 2026 Hearing Pending Rulings on Federally Mandated ADA Accommodations and the Pending Motion for Leave to File Second Amended Complaint
Document Type: Plaintiffs’ emergency motion seeking a health-based continuance of the May 28, 2026 hearing until the Court rules on requested ADA accommodations and leave to file a Second Amended Complaint.
Includes: Requests continuance based on Plaintiff McNeil’s asserted PTSD-related inability to participate safely; asks the Court to rule on the ADA request, strike the allegedly untimely opposition to amendment, and reschedule after accommodations and responsive pleadings. Includes four exhibit series: McNeil’s PTSD declaration, South Carolina Supreme Court mandamus-docket records, access-to-justice analysis, and federal-ripeness/off-ramp analysis.

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NameDescriptionTypeFiledDocket Seq.Documents
James C. McNeil Emergency Motion/Continuance of May 28, 2026 Hearing Motion 05/26/2026 P1A55 Official copy
Restored copy

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Executive Summary

Plaintiffs James C. McNeil and Meaghan Poyer, proceeding pro se, filed an emergency motion to continue the May 28, 2026 hearing in their action against SAC 181, Meridian Residential Group, the Bayleses, and MRG Investing Company. They assert that McNeil’s PTSD has escalated to the point that he cannot safely participate without a continuance, which they attribute to unresolved ADA-accommodation and amendment motions, alleged defense obstruction, and what they characterize as institutional misconduct. Plaintiffs ask the court to rule on McNeil’s ADA request and their motion for leave to file a second amended complaint before rescheduling the hearing, strike SAC 181’s allegedly untimely opposition to amendment, and reset the hearing after accommodations are implemented and responsive pleadings are due.

Legal Significance

Plaintiffs seek an emergency continuance of the May 28, 2026 hearing, asserting that McNeil’s PTSD makes participation medically unsafe until the court resolves his ADA-accommodation request and the motion for leave to file a second amended complaint. The motion asks the court to decide those threshold matters first, strike SAC 181’s allegedly untimely opposition to amendment, and reset the hearing only after accommodations are in place and responsive pleadings to the proposed amendment can be filed. It places before the court plaintiffs’ allegations that defense discovery conduct, alleged interference with third-party evidence, and prolonged non-rulings have compounded McNeil’s disability and impaired meaningful access to the proceedings. The filing does not itself change the pleadings or hearing date; it preserves plaintiffs’ objections and seeks procedural relief based on health, ADA access, and case-management grounds.

Document Access

Restored copy: native text with the clerk FILE stamp


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Machine-readable record

Verification hashes (SHA-256)
Official copy
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Native source
8ba08d018c938994521f6fb80fe47f95324dde1dc9fe55b262ea0831d398362b
Restored copy
4f3989d91168194edc8a3c4505309b57f9183f3e2f5b9d9e35d808e415c788f9
Normalized text
pending

Parties in this Record

  • James C. McNeil (Filed by)
  • Charleston County Court of Common Pleas (Court)
  • Judge Wheeler (Judge)