Eastern Property Development LLC et al v. Gill

Filing 142

ORDER granting 140 Motion for Reconsideration re 139 Order on Motion for Attorney Fees, Order on Motion to Stay. Ordered by Judge Clay D. Land on 01/09/2013. (CGC)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION EASTERN PROPERTY DEVELOPMENT, LLC and SOUTH EAST ENTERPRISE GROUP, LLC, * * Plaintiffs, * CASE NO. 4:11-CV-62 (CDL) vs. * LOREN GILL, * Defendant. * O R D E R Defendant Loren Gill (“Gill”) seeks reconsideration of this Court’s decision to judgment obtained by lift the stay of the execution of the Plaintiffs Eastern Property Development, LLC and South East Enterprise Group, LLC (“Plaintiffs”). Upon reconsideration and for the reasons explained in this Order, the Court grants Gill’s Motion for Reconsideration (ECF No. 140). A brief review of the proceedings provides background and context relevant to deciding the pending motion. brought claims interference against with Gill contractual for trespass, relations. Plaintiffs conversion, Gill asserted and a counterclaim against Plaintiffs that was assigned to him by his company, Elm Leasing, LLC. In his counterclaim, Gill claimed that Plaintiffs improperly retained the revenues of Elm Leasing, LLC, which the Court previously concluded is owned by Gill. Gill asserted this counterclaim as an affirmative claim for damages but also in the nature of a defense for set-off should Plaintiffs prevail on their claims against Gill. Prior to the jury trial, the Court decided that it would not permit Gill to assert the counterclaim during trial. Instead, the Court concluded that the counterclaim should be resolved in a separate action that is pending in this Court in which Plaintiffs, Gill, and Elm Leasing are all parties. above captioned action, the Therefore, at the trial of the jury only considered Plaintiffs’ claims against Gill, rendering a verdict in Plaintiffs’ favor and awarding Plaintiffs $35,335.98 in compensatory damages and $250,000.00 in punitive damages. Because the Court severed Gill’s counterclaim, Gill was unable to set off any damages he may have recovered under his counterclaim against the award of damages in favor of Plaintiffs against him. After the jury verdict, Gill filed a motion to reduce the punitive damages award and also requested a stay of the execution of the judgment until Gill’s Elm Leasing claim against Plaintiffs is decided in the related action. The Court granted a stay pending resolution of the motion to reduce the punitive damages motion. award and then lifted the stay when it denied that Gill now seeks reconsideration of the Court’s decision to lift the stay. 2 By severing prevented Gill counterclaim Gill’s from against Elm Leasing offsetting the verdict counterclaim, any Plaintiffs Court under recovery the that obtained against him. While Gill will certainly have the opportunity to pursue that claim in the related litigation, he has lost the opportunity to offset any recovery against the judgment that has now been entered against him. squarely fit within any While these circumstances do not of the specific considerations traditionally supporting a stay of the execution of a judgment, the Court finds that the balance of the equities interests of justice warrant the relief sought. and the Accordingly, the Court stays the execution of the judgment in this action until Gill’s adjudicated. Elm Leasing claim against Plaintiffs can be To assure that the Plaintiffs’ ability to collect their judgment is not compromised during the stay, the Court permits Plaintiffs to file a motion for bond or security to secure their judgment pending the outcome of Gill’s Elm Leasing claim. IT IS SO ORDERED, this 9th day of January, 2013. S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE 3

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