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 CORPORATION, et al., : 

: MAGISTRATE JUDGE JOLSON 

Defendant. : 

DEFENDANTS XPO LOGISTICS, INC. AND XPO GLOBAL 

FORWARDING, INC.’S OPPOSITION TO 

PLAINTIFF’S MOTION FOR EXTENSION OF TIME 

Defendants XPO Logistics, Inc. and XPO Global Forwarding, Inc. (collectively, “XPO”) 

oppose the Motion for Extension of Time (ECF No. 235) filed by Great Southland Limited 

(“GSL”). 

First, the Court’s pretrial order is clear that motions in limine and all pre-trial motions 

should be short (no more than 10 pages), responses filed within 7 days, with no opportunity for 

reply briefs. (ECF No. 210.) This briefing framework has been set since August 2021 (ECF No. 

235) and the precise due dates have been set since October 2021. (ECF No. 218.) To the extent 

GSL was unsure of the expectations of the Court, it could have and should have raised this issue 

at the parties status conference last week, on December 1, or much earlier. XPO complied with 

these briefing requirements, and GSL should not be permitted to change the rules now. 

Second, GSL argues that XPO is late in filing its Motion to Exclude because it is a 

“dispositive motion.” However, GSL cites no law for this proposition. Instead, GSL argues that 

because XPO chose to file early its motions to exclude in Abington, XPO is somehow bound by 

that strategy choice it made in Abington. This argument is nonsensical. 

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Third, while GSL points to the motions in limine filed in the Abington case, GSL ignores 

the fact that in Abington, the Plaintiff filed eight motions in limine, including two motions to 

exclude two of XPO’s experts. Likewise, XPO filed eight motions in that case. And the parties 

in Abington all responded in accordance with the Court’s deadline and page limit, despite the fact 

that it was a lot of work in a short time for both sides. There is nothing about this case that warrants 

a different outcome. 

Finally, GSL argues that its counsel has a scheduling conflict that overlaps part of its 

response window. XPO’s counsel is not unsympathetic to scheduling conflicts and is not in the 

practice of refusing reasonably requested extensions in the ordinary course. However, GSL has 

been aware of this deadline for months and has never raised it with counsel or the Court. GSL has 

not demonstrated the good cause required to support its requested extension. In this circumstance, 

permitting GSL additional time to respond to XPO’s motion is unwarranted and gives a significant 

advantage to GSL. To the extent the Court permits GSL an extension of time to respond, XPO 

should be permitted one week to file a no more than seven page reply brief.

For the reasons stated herein, XPO asks the Court to deny GSL’s requested extension of 

time, or, alternatively, permit XPO a week to file a short reply. 

Respectfully submitted, 

/s/ Martha Brewer Motley 

Kimberly Weber Herlihy (0068668)(trial attorney) 

Martha Brewer Motley (0083788) 

Thomas J. Whaling (0096430) 

Erica M. Rodriguez (0098711) 

Vorys, Sater, Seymour and Pease LLP 

52 East Gay Street, P.O. Box 1008 

Columbus, Ohio 43216 

Phone: (614) 464-8283 Fax: (614) 719-5021 

Email: kwherlihy@vorys.com mbmotley@vorys.com 

tjwhaling@vorys.com emrodriguez@vorys.com 

Counsel for Defendants XPO Logistics, Inc. & 

XPO Global Forwarding, Inc. 

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CERTIFICATE OF SERVICE 

I hereby certify that on December 7, 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 Adkins 

885 Sternberger Road 

Jackson, OH 45640 

Afif Baltagi 

2308 Nantucket Drive, Apt. C 

Houston, TX 77057 

/s/ Martha Brewer Motley

Martha Brewer Motley (0083788) 

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