AGS CONTRACTING LLC v OUTSIDE THE BOX LLC et al

Filing 59

ORDER for Defendants to file a Reply, to Plaintiffs Response (Doc. 57), by no later than close of business, Friday, August 5, 2022. Defendants are ordered to email a copy of the letter from Novant Health to the Court's Courtroom Deputy no later than August 3, 2022. Ordered by US DISTRICT JUDGE W LOUIS SANDS on 8/1/2022. (sbd)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION THE UNITED STATES OF AMERICA, : for the use and benefit of : AGS CONTRACTING, LLC, : : Plaintiff, : : v. : : OUTSIDE THE BOX, LLC a/k/a : OUTSIDE THE BOX VA, LLC, and : HUDSON INSURANCE COMPANY, : : Defendants. : CASE NO.: 7:20-CV-00255 (WLS) ORDER Presently before the Court is Defendant’s Unopposed Motion to Continue trial, which is currently set to begin on August 11, 2022. (Doc. 58.) Therein, Defendants request that this Court grant a continuance for two (2) reasons. First, Defendants need additional time to file a Rebuttal to Plaintiff’s untimely Response (Doc. 57), to this Court’s Order (Doc. 55), in which Plaintiff presented argument on three issues.1 Second, Defendants’ chief witness is not available for trial, as he needs to be home caring for his wife to assist in her recovering from some severe health issues. (Doc. 58.) As to the first issue, the Court had initially not intended to consider Plaintiff’s untimely and unexcused Response (Doc. 57), in ruling on the issues inquired into at the pre-trial conference. (Doc. 55.) However, because additional briefing will assist the Court in ruling on First, which issues, in this action, are governed by Georgia contract law as opposed to the Miller Act. Second, whether Government websites1 are self-authenticating. Finally, whether a General or Specialized verdict form or some combination was appropriate. 1 1 those issues, Defendants are hereby ORDERED to file a Reply, to Plaintiff’s Response (Doc. 57), by no later than close of business, Friday, August 5, 2022. As to the second issue, the Court will need to review the letter from Novant Health. Accordingly, Defendants are ORDERED to email a copy of the letter from Novant Health to the Court’s Courtroom Deputy by no later than Wednesday, August 3, 2022. The Court shall thereafter conduct an in-camera review of the letter and continue the trial if necessary. SO ORDERED, this 1st day of August 2022. /s/ W. Louis Sands W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT 2

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