Raiford et al v. National Hills Exchange, LLC et al

Filing 167

ORDER re 163 MOTION for Order to Show Cause. Hearing set for 11/13/2014, 10:00 AM in Augusta - 2nd Floor before Judge J. Randal Hall. The Court directs Plaintiffs and Defendants to (1) produce the necessary and appropriate witnesses to testify as to any representations, promises, or other negotiations made with respect to the RBS contract, and (2) coordinate and secure the attendance of an RBS representative who can do the same. Signed by Judge J. Randal Hall on 11/03/2014. (thb)

IN THE

UNITED

STATES DISTRICT

COURT

FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

J. WAYNE RAIFORD and B,
ENTERPRISES, LLC,

T & R

*
*
*

Plaintiffs,

*

v.

*

CV 111-152

*

NATIONAL HILLS EXCHANGE,

SNELLVILLE CROSSING,
RICHARD D.

SWOPE;

LLC;

*

LLC;

*

RONALD J.

DeTHOMAS;

JAMES S.

THOMAS L.

ABERNATHY;

STEVEN E.

*

TIMBERLAKE;

*

GAULTNEY,

and

*
*
*

Defendants.

*

ORDER

On May 7,
amended

motion

2014,
for

this Court held a hearing on Plaintiffs'
leave

to

file

a

corresponding motion for sanctions
upon

documents

obtained

related proceeding

Plaintiffs

and

alleged

information

through

several

that

responsive

made

at

the

(See Docs.

sanctions,

hearing,

136,

139,

the

140.)

including

discovery

Court

sanctions

& Ex.

third-party

prior

briefs,

for

(Doc 130.

1).

discovery

instances

Defendants

to

considering the parties'

motion

of

the record,

orally

Based
in

a

misconduct,

intentionally
requests.

and

withheld

After

fully

and the arguments

granted

both

motions.

The Court ultimately imposed several

authorizing

Plaintiffs

to

conduct

a

forensic examination of Defendants'
similar devices at Defendants'
Plaintiffs

October

20,

Consulting,

filed

2014
LLC

conduct

the

certain

in

a

("RBS")

forensic

monies,

Plaintiffs.

and

(Docs.

expense.

Motion

which
-

cell phones,

(Doc.

for

they

Order

asked

the

and

139.)
to

Show

Court

Cause

to

make

on

RBS

the firm that Plaintiffs retained to

audit

-

deliver
163,

computers,

appear

copies

164.)

for

of

a

hearing,

computerized

Defendants

in

turn

refund

data
filed

to
the

affidavit of Ronald J. DeThomas, which in five short paragraphs
outlines

RBS

Mr.

DeThomas's

employee,

Abernathy

&

Plaintiffs

on

the

interaction with

day RBS

Timberlake.
nor

are

handling of the RBS contract,
$60,000 bill.
and

commenced the

(Doc.

Defendants

Robert

165.)

forensic
In

satisfied

Bonenfant,

audit

short,

with

an

at

neither

the

other's

and both refuse to pay the near

RBS has refused to proceed with further analysis,

consequently,

the

parties

will

not

complete

discovery

as

mandated in the Court's amended scheduling order.

After review of the documents submitted by the parties and
recognizing that this dispute may further impede resolution of
this case — which has been ongoing for over three years —
Court concludes a hearing is necessary.
on THURSDAY,

Federal

Augusta,

NOVEMBER

Justice

13,

Center

Georgia,

at

10; 00

located

30901.

The

at

A.M.

600

Court

the

A hearing shall be held
in

Courtroom

James

DIRECTS

Brown

2

of

the

Boulevard,

Plaintiffs

and

Defendants
witnesses

to
to

(1)

produce

testify

as

to

the
any

necessary

representations,

other negotiations made with respect to
(2)

coordinate

and

secure

and

the

the RBS

attendance

appropriate
promises,

contract,
of

an

or
and
RBS

representative who can do the same.

ORDER
November,

ENTERED

at

Augusta,

Georgia,

this

day

2014.

HALL

UNITED STATES DISTRICT JUDGE
JGOTHEKN DISTRICT OF GEORGIA

of