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