The plaintiff brought a motion for a further and better affidavit of documents and to compel the defendants to appear for continued examinations for discovery.
The plaintiff had previously conducted brief examinations for discovery of the individual defendants but failed to request the documents now sought.
The court dismissed the motion against the individual defendants, finding the plaintiff had his opportunity during discovery and failed to use it, and there was no evidence the requested documents were in their possession.
However, the court noted the plaintiff could still schedule an examination for discovery of the corporate defendant.
