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by JENN WOOD
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South Carolina senator and former gubernatorial candidate Josh Kimbrell is facing what could become the most consequential setback yet in the civil fraud lawsuit that has dogged him for the past year.
In a motion filed last Tuesday (June 30, 2026), attorneys for Kimbrell’s former business partner, Frank George Rogers, asked a state judge to enter default judgment against Kimbrell and his wife, Liliya Kimbrell, arguing the couple forfeited their right to defend the case when they failed to comply with a court-ordered discovery deadline.
If granted, the motion (.pdf) would effectively end the litigation over liability and move the case into a separate phase focused solely on determining how much the Kimbrells may owe Rogers and Exodus Aircraft, the company from which Kimbrell allegedly stole an estimated $2 million.
The filing marked a dramatic escalation in a lawsuit that has steadily grown more damaging for the Upstate Republican since it was first filed in July 2025.
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From Discovery Dispute To Default
The latest motion stems from an order (.pdf) issued by S.C. circuit court judge Jane H. Merrill on May 5, 2026, compelling the Kimbrells to fully respond to Rogers’ discovery requests by May 18. Merrill found the defendants had engaged in efforts to “obfuscate and delay the judicial process” and warned that if they failed to comply, their answers, affirmative defenses and counterclaims would be stricken.
According to the new motion, that is exactly what happened.
Plaintiffs argued the Kimbrells failed to produce the required discovery by the court-imposed deadline, never submitted affidavits required by the order, and only sought additional time after the deadline had already expired. Although some records were later produced, Rogers’ attorneys characterized those materials as incomplete and non-responsive.
Because the May 5 order expressly provided that failure to comply would result in the striking of the Kimbrells’ pleadings, plaintiffs are contending the defendants’ answers, affirmative defenses and counterclaims were automatically stricken on May 18.
With no pleadings remaining, Rogers attorneys argued the defendants have effectively “failed to plead or otherwise defend” the lawsuit under Rule 55 of the South Carolina Rules of Civil Procedure – and that the court should now enter default judgment.
The filing comes on the heels of another courtroom defeat for the Kimbrells. On June 29, 2026, judge Vernon Dunbar denied their request (.pdf) to stay execution of the judgment while they pursued appellate relief, finding they failed to meet the legal standard for a stay. Dunbar also noted that, had he granted the request, he would have required a $1 million bond from each defendant. He further referred the Kimbrells’ request for additional time to comply with discovery back to judge Merrill, whose May 5 order is now at the center of Rogers’ bid for default judgment.
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RELATED | Kimbrell Focus of Federal Inquiry
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Escalating Consequences
The latest filing marks another significant chapter in litigation that has steadily intensified since Rogers sued the Kimbrells in July 2025.
The original complaint accused Kimbrell of creating Exodus Airways LLC — a company allegedly designed to resemble Exodus Aircraft LLC — and using it to divert more than $2 million from the charter aviation business he jointly owned with Rogers. The lawsuit further alleged company funds were used for personal expenses, political consulting and other unauthorized purposes. Those allegations remain contested.
Since then, Greenville County judges have stripped Kimbrell of control over Exodus Aircraft, held him and his wife in contempt for violating court orders related to discovery and evidence preservation, and ordered sanctions after finding repeated noncompliance.
The civil case has also expanded beyond the original allegations. Earlier this year, FITSNews reported that multiple sources have insisted there is an ongoing federal inquiry into Kimbrell’s activities at Exodus Aircraft, although the FBI declined to confirm or deny the existence of such an investigation.
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What Happens Next?
If the court grants Rogers’ motion, the case would shift away from determining whether the Kimbrells are liable and toward establishing damages.
Plaintiffs are asking the court to schedule a hearing to determine the financial losses they contend resulted from the defendants’ alleged conduct.
Such a ruling would represent the most significant procedural defeat yet for Kimbrell in a case that has already generated contempt findings, sanctions, and extensive discovery disputes.
Count on FITSNews to continue following every development in this increasingly consequential legal battle.
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THE MOTION
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ABOUT THE AUTHOR …
As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.
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SOUND OFF…
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