UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

GREAT SOUTHLAND LIMITED, :

:

Plaintiff, : Case No. 2:17-CV-00719

:

v. : JUDGE MORRISON

:

LANDASH CORPORATIONS, et al. : MAGISTRATE JUDGE JOLSON

:

Defendant. :

______________________________________________________________________________

PLAINTIFF GREAT SOUTHLAND LIMITED’S MOTION FOR 

EXTENSION OF TIME TO RESPOND TO XPO’S MOTION TO 

EXCLUDE EXPERT WITNESS DAVID JACOBY

______________________________________________________________________________

Plaintiff, Great Southland Limited (“GSL”), by and through undersigned counsel, hereby 

moves this Court for an Extension of Time to respond to Defendants XPO Logistics, Inc. and 

XPO Global Forwarding, Inc.’s (collectively “XPO”) Motion to Exclude Expert Witness 

David Jacoby. Undersigned counsel has contacted XPO’s counsel for their consent to a 

one (1) week extension of time. However, XPO believes that an additional one (1) week to 

respond to this substantive Motion is not appropriate and opposes same. The reasons in support 

of this Motion are set forth in the attached memorandum.

Respectfully submitted, 

CARLILE PATCHEN & MURPHY LLP

/s/ Matthew S. Brown

Matthew S. Brown (0077687)

Anthony T. Betta (0096070)

Email: mbrown@cpmlaw.com

Email: abetta@cpmlaw.com

950 Goodale Boulevard, Suite 200

Columbus, Ohio 43212

Tele: (614) 228-6135

Fax: (614) 221-0216

Counsel for Plaintiff Great Southland Limited

Case: 2:17-cv-00719-SDM-KAJ Doc #: 235 Filed: 12/07/21 Page: 1 of 4 PAGEID #: 4031
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INTRODUCTION

On August 6, 2021, this Court issued a Scheduling Order setting forth that Motions in 

Limine and Pretrial Motions are due on October 4, 2021. D.E. # 210. On September 2, 2021, the 

Court continued the deadline until December 2, 2021. D.E. # 218. The Order further states that 

responses to such Motions would be due December 9, 2021. D.E. # 218. On December 2, 2021, 

XPO filed five (5) Motions – four (4) were entitled Motions in Limine and one (1) was titled a 

Motion to Exclude Expert Testimony of David Jacoby.

While Plaintiff will file responses to the four (4) Motions in Limine by the 

December 9, 2021, deadline, counsel has requested a one (1) week extension to respond to the 

Motion to Exclude the Expert Testimony of David Jacoby. XPO, however, opposes such request 

for an extension as being inappropriate given the Court’s case schedule noted above.

The Court’s Case Schedule was prepared before it was evident that XPO would be filing 

five (5) substantive Motions, which would afford Plaintiff a mere seven (7) days to respond to 

for all five (5) Motions. Several of the Motions are dispositive motions that should have been 

filed in accordance with the Court’s case schedule for dispositive motions. Indeed, the Motion to 

Exclude the Testimony of an Expert Witness was filed in conjunction with XPO’s dispositive 

motion in the companion case of Abington Emerson Capital v. Adkins, et al., S.D. Ohio Case 

No. 2:17-cv-00143. See, D.E. # 330, 331, 332. Now, however, XPO files the equivalent of

dispositive motions on a Motion in Limine schedule affording Plaintiff seven (7) days to respond 

(to five (5) separate motions).

Not only does the case schedule afford only seven (7) days to respond to five (5) motions, 

the deadline passes when undersigned counsel will be out of the office. Counsel will be in 

New York from December 7, 2021, through December 11, 2021. While it is expected that 

responses to the four (4) Motions in Limine can be filed within the seven (7) day timeframe. The 

fifth substantive Motion is not something that can be substantively rebutted within such 

Case: 2:17-cv-00719-SDM-KAJ Doc #: 235 Filed: 12/07/21 Page: 2 of 4 PAGEID #: 4032
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timeframe. As there is no Reply Brief due from XPO on any of these Motions, there is no 

prejudice to XPO for Plaintiff to have one (1) additional week to respond to the Motion to 

Exclude the Expert Testimony of David Jacoby.

For the foregoing reasons, Plaintiff Great Southland Limited respectfully requests a one 

(1) week extension of time to respond to XPO’s Motion to Exclude the Expert Testimony of 

David Jacoby.

Respectfully submitted, 

CARLILE PATCHEN & MURPHY LLP

/s/ Matthew S. Brown

Matthew S. Brown (0077687)

Anthony T. Betta (0096070)

Email: mbrown@cpmlaw.com

Email: abetta@cpmlaw.com

950 Goodale Boulevard, Suite 200

Columbus, Ohio 43212

Tele: (614) 228-6135

Fax: (614) 221-0216

Counsel for Plaintiff Great Southland Limited

Case: 2:17-cv-00719-SDM-KAJ Doc #: 235 Filed: 12/07/21 Page: 3 of 4 PAGEID #: 4033
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MSB/MSB/02452549.1

030705.000004

CERTIFICATE OF SERVICE

I hereby certify that on this 7

th day of December 2021, a true and correct copy of the 

foregoing was filed and served electronically via the Court’s CM/ECF System upon those who 

are registered to receive electronic notice. I have also served the following parties via U.S. Mail 

at the addresses below:

Jason E. Adkins

885 Sternberger Road

Jackson, Ohio 45640

 

Landash Corporation 

885 Sternberger Road

Jackson, Ohio 45640

Afif Baltagi

2308 Nantucket Drive, Apt. C

Houston, TX 77057

/s/ Matthew S. Brown

Matthew S. Brown (0077687)

Case: 2:17-cv-00719-SDM-KAJ Doc #: 235 Filed: 12/07/21 Page: 4 of 4 PAGEID #: 4034