The defendants brought a motion for an order requiring the plaintiffs to serve a further and better affidavit of documents, specifically seeking financial documents relevant to the plaintiffs' damages claims.
The plaintiffs argued that the defendants were precluded from seeking these documents because they had agreed to a Discovery Plan that excluded them.
The court found that the defendants had explicitly reserved their right to pursue the financial information when agreeing to the Discovery Plan.
The court ordered the plaintiffs to produce their financial statements and tax returns, as they were relevant to the claims for business losses, but declined to order production of other speculative documents at this stage.
