ANDROS et al v. TINSLEY et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
JOHN ANDROS,
et al.,
Plaintiffs,
v.
NATIONAL INSURANCE CRIME
BUREAU, INC.,
Defendant.
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CASE NO:
7:23-cv-135–WLS
ORDER
Before the Court is National Insurance Crime Bureau’s (“NICB”) Motion to Exclude
Testimony by Plaintiffs’ Expert Gary Vowell (Doc. 153) (“Motion to Exclude”). The Court’s
preliminary review of the Record reveals that NICB has failed to file all discovery in
accordance with the Local Rules.
Specifically, under Local Rule 5.1 “the following discovery requests and responses must
not be filed until they are used in the proceeding or the court orders filing (a) depositions, (b)
interrogatories, (c) request for documents[,] . . . and requests for admission.” M.D. Ga. L.R.
5.1. This means that, when a party relies on a document—including a deposition—in
connection with a motion, the Local Rules require that party to file the complete version of
that document. See id. And when a party has not, the Court may order that party to do so. See
id.
In reviewing the Record, the Court has discovered that NICB relies on heavily
excerpted deposition testimony of Gary Vowell’s second deposition1 taken on October 29,
2025, in the Motion to Exclude. (See Doc. 153-2). Other than the title page, NICB’s excerpted
transcript of Mr. Vowell’s October 29, 2025 deposition includes only pages 38 and 39 of such
deposition. In fact, the excerpt does not appear to include all pages referred to in the Motion
to Exclude, and the deposition does not appear separately in the Record. (See Docket).
1 The full transcript of Mr. Vowell’s first deposition, taken January 9, 2025, is in the Record. (See Doc. 125).
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Such heavily edited transcripts leave the testimony bereft of what might be critical
context, and in its present form, adds little. It is not the Court’s practice to resolve substantive
or dispositive motions based on incomplete documents. The Court will give NICB the
opportunity to file discovery in accordance with the Local Rules, not only with respect to the
specific depositions noted above, but with respect to all forms of discovery which NICB seeks
to have the Court consider in resolving any motions as required by the Local Rules. The Court
instructs Plaintiff’s counsel to ensure compliance with the Local Rules in filing their responses
to the Motion to Exclude, and that all parties comply with the Local Rules when filing future
motions, responses, or pleadings.
NICB is, therefore, ORDERED to comply with the Local Rules and file the full
version of Mr. Vowell’s October 29, 2025 deposition and any other discovery materials it relies
upon in its Motion to Exclude no later than Friday, January 30, 2026.
SO ORDERED, this 27th day of January 2026.
/s/W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
Case 7:23-cv-00135-WLS Document 155 Filed 01/27/26 Page 2 of 2