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)
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
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