The defendant moved for production of the plaintiff's accounting records pursuant to a 'best efforts' undertaking given at discovery.
The plaintiff, who claims over $2 million in lost profits from his gas station and variety store, argued he was not required to create formal accounting books.
The court held that 'books' in this context included the plaintiff's revenue and expense records, which were relevant and within his control.
The court ordered production of the records but allowed temporary redaction of supplier names pending a potential motion by the plaintiff for a protective order regarding commercially sensitive information.
