The attorney representing three horse owners who sued Warren County and others over the 2009 barn fire at the Lebanon Raceway could face fines.

The lawsuit, filed in December 2011 by Lebanon attorney Dave Ernst, stems from the December 2009 fire that claimed the lives of two men and 40 horses. Three horse owners are seeking about $500,000 for the loss of their animals and equipment.

John Benintendi, the attorney for the commissioners and the county agricultural society, had asked Judge Robert Peeler to force Ernst to hand over documents he had requested. Peeler issued the order and has decided sanctions for non-compliance “are proper.” He scheduled a hearing for Wednesday to determine how much Ernst must pay.

Benintendi said Ernst has since provided some answers for two of the three plaintiffs in the case, Stanley Crow and Charles French, but documents for the third plaintiff Mary Dawson are still outstanding. Even if he gets everything he requested, Peeler will still hold the sanctions hearing.

Benintendi said he will give Peeler an affidavit stating the time he has had to spend trying to get the information amounts to about $407.

“Judge Peeler is a very good judge, he follows the rules. He says here are the rules and you’ve got to follow them,” he said. “The strange thing was, normally judges say if you don’t ask for sanctions, then I’m not going to give them… I didn’t even ask for them.”

Ernst said he has Dawson’s files ready to ship. A case like this, trying to quantify what might be owed, he said can be a long process.

“Gathering records sometimes takes time,” he said.

Crowe lost four horses and equipment in the fire and he estimates his loss is $200,000. French lost one horse and equipment for a total of $100,000. Neither man has received any compensation for their lost property or income from future race winnings.

Dawson lost two horses and equipment that she values at $150,000. According to the lawsuit, Dawson received $28,000 from the Ohio Harness Horseman’s Association and $2,000 from the fund that was set up through LCNB National Bank after the fire to disburse more than $80,000 donated.

Ernst originally also sued the bank and the horseman’s association — but has since dismissed them from the case — as well at the Lebanon Raceway Entertainment, the track operators.

Bill Kaufman, who represents the track operators, has asked the judge to let them out of the suit too. Peeler has yet to rule on the request. As for the sanctions issue, he said if a defense attorney has to keep asking for information about the case that should be revealed, they can be compensated for the time they have wasted badgering the plaintiff.