GILL et al v. HARTSHORN et al
Filing
171
ORDER granting 163 Motion for Discovery; denying 133 Motion in Limine; denying 135 Motion in Limine. Ordered by U.S. District Judge Clay D. Land on 12/10/2013. (CGC)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
KAREN GILL, et al.,
*
Plaintiffs,
*
vs.
*
KEVIN HARTSHORN, et al.,
*
Defendants.
CASE NO. 4:12-CV-77 (CDL)
*
O R D E R
Intervenor
Plaintiffs
Michael
Gill,
Steve
Thomas,
and
Wallace Whitten (“Intervenor Plaintiffs”) and Defendants Loren
Gill and Elm Leasing, LLC (“Elm Defendants”) filed a motion for
additional limited discovery (ECF No. 163).
These parties seek
additional discovery to (1) obtain a recent settlement between
Plaintiffs Karen and Lauren Gill and the Hartshorn Defendants
and
(2)
conduct
discovery
related
to
amended expert report of Robert Behar.1
the
Hartshorn
Defendants
oppose
the
the
expert
report
and
Neither Plaintiffs nor
motion
for
additional
discovery, and the motion is granted.
The
Court
previously
extended
discovery
to
permit
Plaintiffs to submit Behar’s amended expert report, and that
discovery period closes on December 20, 2013.
1
Accordingly, if
The Hartshorn Defendants include Kevin Hartshorn, Daniel Van Gasken,
Jay Nicol, Eastern Property Development, LLC, South East Enterprise
Group, LLC, EPD-1 Holding Trust, EPD-2 Holding Trust, SEE Holding
Trust, the Church of Compassionate Service, and the Compassionate
Order of Service of the Church of Compassionate Service.
Plaintiffs
they
have
shall
not
produce
already
it
on
or
produced
before
Behar’s
December
amended
20,
report,
2013.
In
addition, Plaintiffs and the Hartshorn Defendants shall provide
the other parties with the terms of their settlement agreement
on or before Friday, December 20, 2013.
Discovery is reopened for the limited purpose of conducting
discovery
regarding
Behar’s
settlement agreement.
2014,
to
conduct
this
amended
expert
report
and
the
The parties will have until February 18,
additional
discovery.2
If
Intervenor
Plaintiffs and the Elm Defendants wish to retain an expert to
rebut Behar’s findings, they shall do so during the reopened
discovery period.
The Court plans to rule on the remaining
pending motions by early January, and the case will be on the
docket for the Court’s March 2014 trial term.
Therefore, any
additional discovery extensions are unlikely.
In light of this Order, the motions to exclude
Behar’s
testimony (ECF Nos. 133 & 135) are denied.
IT IS SO ORDERED, this 10th day of December, 2013.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
2
If the Hartshorn Defendants intend to rely on the work of Ronald J.
Houle, then Houle’s expert report shall be produced by December 20,
2013, and the Hartshorn Defendants shall make Houle available for a
deposition during the reopened discovery period.
2
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