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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082
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COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
CIVIL DIVISION
APF CRE ILLC, ET AL.,
Plaintiffs, CASE NO. 20CV-7082
Vv. JUDGE KIM BROWN
TEHRAH HOSPITALITY LLC, MAGISTRATE CORDLE
ET AL.,
Defendants.
Magistrate’s Order:
1 Overview
On July 22, 2022, the court granted summary judgment in favor of Plaintiffs APF-
CRE I LLC and APX-CPX I LLC (together, the “Lenders”) and against Defendants Abhijit
and Bhavna Vasanis (together, the “Borrowers”) on liability only. At the same time, the court
explained that discovery on damages, including whether the security at issue was sold in a
commercially-reasonable manner, would be allowed.
Pursuant to Civil Rule 53 and Local Rule 99.02, this matter was referred to the
undersigned Magistrate for a damages hearing. See July 25, 2022 Order of Reference. The
damages hearing has been continued twice to permit time for discovery; it is currently
scheduled for June 27 and 28, 2023.
2. Summary of Motions Filed
On March 24, 2023, the Borrowers filed a motion to compel discovery and to impose
sanctions. In it, they essentially contended that the Lenders have slow-walked production
of documents and failed to produce a privilege log, even though many of the documents
contained redactions. The Lenders filed a motion in opposition, and the Borrowers filed a
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082
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reply in further support, on April 7 and 19, respectively. The Lenders countered that they
are producing documents on a rolling basis, though they admittedly secured—or simply
took—numerous extensions. They further countered they intend to produce a privilege log
after all documents are produced. The Borrowers responded that the privilege log and
certain discovery are still outstanding.
On April 25, the Lenders filed a motion to file a sur-reply, along with a copy of the
proposed sur-reply. For good cause, the motion to file a sur-reply is GRANTED; the
proposed sur-reply is deemed filed. In the sur-reply, the Lenders represent that their rolling
discovery is basically routine supplementation of discovery and that, at the same time the
motion to file sur-reply was filed, they produced a privilege log. They also object to certain
categories of documents demanded by the Borrowers. In doing so, the Lenders repeatedly
refer to the Borrowers’ 26 extremely broad and largely irrelevant discovery demands.”
3. Motion to Compel is Granted.
3-1 Discussion
As an initial matter, the Borrowers’ discovery demands are proportional to the needs
of the case. See Civ.R. 26(B)(1). The Lenders claim the Borrowers are personally liable for
several million dollars as the result of sophisticated business deals and arrangements.
Moreover, the Borrowers’ discovery demands are relevant to damages and defenses.
Id. The court has twice ruled that the Borrowers may present evidence about certain
defenses the Lenders asserted had been contractually waived, including the reasonableness
of the underlying hotel sale. While the Lenders appropriately maintain their objection over
the production of materials bearing on those issues, they still must produce those materials
consistent with the court’s rulings.
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Finally, the Lenders characterization of its discovery production as routine
supplementation is unpersuasive. By March 24, 2023, and after two deficiency letters, the
Lenders had produced 895 documents. By April 7, 2023, and after receiving a motion to
compel, the Lenders had produced another 1,804 documents.
The motion to compel isGRANTED. However, sanctions are not appropriate at this
time.
3.2 Orders
All responses to the Borrowers’ First Combined Set of Discovery Requests, from
August 29, 2022, are due no later than May 19, 2023. Those documents shall include all
documents identified in the Borrowers’ reply brief, filed April 19, 2023, unless—and only to
the extent—that (1) the Lenders file a motion for a protective order, identifying the legal and
factual bases for withholding the documents, and (2) delivering the responsive documents
to chambers for an in-camera inspection. Such motions shall be filed, and such documents
shall be delivered, no later than May 19, 2023.
Any responsive documents not produced (and not the subject of amotion
for protection order) by May 19, 2023, will be presumed withheld in bad faith,
and their withholding will result in sanctions, including but not limited to,
adverse inferences, monetary sanctions, and attorney fees, subject to the
Lenders’ having an opportunity to overcome such bad-faith presumption at an
evidentiary hearing.
These deadlines shall not be modified by agreement of counsel. Absent
extraordinarily good cause, no extension of these deadlines will be granted by the court.
SO ORDERED.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082
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Franklin County Court of Common Pleas
Date: 04-26-2023
Case Title: APF CREILLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL
Case Number: 20CV007082
Type: MAGISTRATE ORDER
So Ordered
ee
Sa meer
/s/ Magistrate Jennifer R. Cordle
Electronically signed on 2023-Apr-26 page 4 of 4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082
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Court Disposition
Case Number: 20CV007082
Case Style: APF CRE| LLC ET AL -VS- TEHRAH HOSPITALITY
LLC ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 20CV0070822023-04-2599980000
Document Title: 04-25-2023-MOTION FOR LEAVE TO FILE -
PLAINTIFF: APF CRE | LLC
Disposition: MOTION GRANTED
2. Motion CMS Document Id: 20CV0070822023-03-2499970000
Document Title: 03-24-2023- MOTION FOR SANCTIONS -
DEFENDANT: BHAVNA A. VASANI
Disposition: MOTION DENIED
3. Motion CMS Document Id: 20CV0070822023-03-2499980000
Document Title: 03-24-2023-MOTION TO COMPEL DISCOVERY -
DEFENDANT: ABHIJIT S. VASANI
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082 0G365 - W3 COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CIVIL DIVISION APF CRE ILLC, ET AL., Plaintiffs, CASE NO. 20CV-7082 Vv. JUDGE KIM BROWN TEHRAH HOSPITALITY LLC, MAGISTRATE CORDLE ET AL., Defendants. Magistrate’s Order: 1 Overview On July 22, 2022, the court granted summary judgment in favor of Plaintiffs APF- CRE I LLC and APX-CPX I LLC (together, the “Lenders”) and against Defendants Abhijit and Bhavna Vasanis (together, the “Borrowers”) on liability only. At the same time, the court explained that discovery on damages, including whether the security at issue was sold in a commercially-reasonable manner, would be allowed. Pursuant to Civil Rule 53 and Local Rule 99.02, this matter was referred to the undersigned Magistrate for a damages hearing. See July 25, 2022 Order of Reference. The damages hearing has been continued twice to permit time for discovery; it is currently scheduled for June 27 and 28, 2023. 2. Summary of Motions Filed On March 24, 2023, the Borrowers filed a motion to compel discovery and to impose sanctions. In it, they essentially contended that the Lenders have slow-walked production of documents and failed to produce a privilege log, even though many of the documents contained redactions. The Lenders filed a motion in opposition, and the Borrowers filed a Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082 0G365 - W3 reply in further support, on April 7 and 19, respectively. The Lenders countered that they are producing documents on a rolling basis, though they admittedly secured—or simply took—numerous extensions. They further countered they intend to produce a privilege log after all documents are produced. The Borrowers responded that the privilege log and certain discovery are still outstanding. On April 25, the Lenders filed a motion to file a sur-reply, along with a copy of the proposed sur-reply. For good cause, the motion to file a sur-reply is GRANTED; the proposed sur-reply is deemed filed. In the sur-reply, the Lenders represent that their rolling discovery is basically routine supplementation of discovery and that, at the same time the motion to file sur-reply was filed, they produced a privilege log. They also object to certain categories of documents demanded by the Borrowers. In doing so, the Lenders repeatedly refer to the Borrowers’ 26 extremely broad and largely irrelevant discovery demands.” 3. Motion to Compel is Granted. 3-1 Discussion As an initial matter, the Borrowers’ discovery demands are proportional to the needs of the case. See Civ.R. 26(B)(1). The Lenders claim the Borrowers are personally liable for several million dollars as the result of sophisticated business deals and arrangements. Moreover, the Borrowers’ discovery demands are relevant to damages and defenses. Id. The court has twice ruled that the Borrowers may present evidence about certain defenses the Lenders asserted had been contractually waived, including the reasonableness of the underlying hotel sale. While the Lenders appropriately maintain their objection over the production of materials bearing on those issues, they still must produce those materials consistent with the court’s rulings. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082 0G365 - W3 Finally, the Lenders characterization of its discovery production as routine supplementation is unpersuasive. By March 24, 2023, and after two deficiency letters, the Lenders had produced 895 documents. By April 7, 2023, and after receiving a motion to compel, the Lenders had produced another 1,804 documents. The motion to compel isGRANTED. However, sanctions are not appropriate at this time. 3.2 Orders All responses to the Borrowers’ First Combined Set of Discovery Requests, from August 29, 2022, are due no later than May 19, 2023. Those documents shall include all documents identified in the Borrowers’ reply brief, filed April 19, 2023, unless—and only to the extent—that (1) the Lenders file a motion for a protective order, identifying the legal and factual bases for withholding the documents, and (2) delivering the responsive documents to chambers for an in-camera inspection. Such motions shall be filed, and such documents shall be delivered, no later than May 19, 2023. Any responsive documents not produced (and not the subject of amotion for protection order) by May 19, 2023, will be presumed withheld in bad faith, and their withholding will result in sanctions, including but not limited to, adverse inferences, monetary sanctions, and attorney fees, subject to the Lenders’ having an opportunity to overcome such bad-faith presumption at an evidentiary hearing. These deadlines shall not be modified by agreement of counsel. Absent extraordinarily good cause, no extension of these deadlines will be granted by the court. SO ORDERED. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082 0G365 - W3 Franklin County Court of Common Pleas Date: 04-26-2023 Case Title: APF CREILLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL Case Number: 20CV007082 Type: MAGISTRATE ORDER So Ordered ee Sa meer /s/ Magistrate Jennifer R. Cordle Electronically signed on 2023-Apr-26 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Apr 26 12:01 PM-20CV007082 0G365 - W3 Court Disposition Case Number: 20CV007082 Case Style: APF CRE| LLC ET AL -VS- TEHRAH HOSPITALITY LLC ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 20CV0070822023-04-2599980000 Document Title: 04-25-2023-MOTION FOR LEAVE TO FILE - PLAINTIFF: APF CRE | LLC Disposition: MOTION GRANTED 2. Motion CMS Document Id: 20CV0070822023-03-2499970000 Document Title: 03-24-2023- MOTION FOR SANCTIONS - DEFENDANT: BHAVNA A. VASANI Disposition: MOTION DENIED 3. Motion CMS Document Id: 20CV0070822023-03-2499980000 Document Title: 03-24-2023-MOTION TO COMPEL DISCOVERY - DEFENDANT: ABHIJIT S. VASANI Disposition: MOTION GRANTED