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

Filing 171

ORDER imposing conditions for billing re November 17, 2014 hearing on Plaintiffs' Motion for Order to Show Cause. The Court directs the Clerk to terminate Plaintiffs' 163 MOTION for Order to Show Cause. The Court extends the time to complete discovery until March 1, 2015. Discovery due by 3/1/2015. Signed by Judge J. Randal Hall on 11/19/2014. (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

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NATIONAL HILLS EXCHANGE,
SNELLVILLE CROSSING,
RICHARD D.

SWOPE;

LLC;

*

LLC;

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RONALD J.

DeTHOMAS;

JAMES S.

THOMAS L.
STEVEN E.

ABERNATHY;
GAULTNEY,

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TIMBERLAKE;

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and

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Defendants.

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ORDER

On November 17,

2 014,

the Court held a hearing on Plaintiffs'

Motion for Order to Show Cause.

Court to make RBS Consulting,

In that motion,

LLC

Plaintiffs asked the

("RBS"), a computer forensics firm

retained by Plaintiffs to conduct an audit that the Court authorized
as a sanction against Defendants, appear and substantiate its billing
records.

(Doc. 136; see also Doc. 139.)

and, through counsel,

RBS appeared at the hearing

consented to the Court's jurisdiction for the

purpose of resolving the billing and discovery dispute.
After fully considering the parties' filings and oral arguments,

including those presented by RBS,

the Court found no evidence to

suggest that the bills submitted by RBS are unreasonable.

Given the

escalating costs of the audit and both parties' failure to exercise

proper diligence at the commencement of this undertaking, the Court
imposed the following conditions:

(1)

Defendants shall reimburse Plaintiffs' $58,650 for amounts
billed and paid on RBS's two June 5, 2014 invoices within
14 DAYS of the date of this Order;

(2)

Defendants shall pay RBS's outstanding $13,000 September 1,
2014 invoice for initial image processing and limited key
word searches within 14 DAYS of the date of this Order;

(3)

Plaintiffs
completion
substitute

shall
pay
all
costs
associated
with
the
of the audit and analysis by RBS,
or any
contractor approved by the parties,
up to

$40,000;

(4)

Should the parties determine — after good-faith discussions
amongst
themselves
and
consultation
with
RBS
or
a
substitute contractor — that costs to complete the audit

will exceed $40,000, the parties shall split any additional
costs equally; and

(5)

The parties shall pay RBS's costs associated with the
November 17, 2014 hearing — including preparation time,

expenses, and attorney's fees — in equal shares.1
The

Court

hereby

DIRECTS

the

Clerk

to

TERMINATE

Plaintiffs'

163.)

Further,

taking into

Motion for Order to Show Cause.

(Doc.

consideration

estimate

RBS's

complete the next

conservative

phase of analysis,

of

the

time

needed

which cannot begin until

to

the

parties reach an agreement as to the search terms, the Court extends
the time to complete discovery until MARCH 1, 2015.

ORDER ENTERED at Augusta, Georgia, this

/ 7 day of November,

2014.

HONORABLE J.

RANDAL HALL

UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

The amount of such costs,

including the fee award for RBS's counsel,

is

subject to the Court's review and approval upon its receipt of time records and
other supporting documentation, if any.
2