The plaintiffs and the defendant OLG brought cross-motions regarding discovery in an action for damages arising from the cancellation of the Slots at Racetrack Program.
The plaintiffs sought an order compelling OLG to produce relevant emails sent or received by current and former OLG employees on personal, non-OLG email accounts, and to produce OLG's email use and document retention policies.
OLG sought leave to conduct an advance form of discovery by written questions prior to oral examinations.
The court adjourned both motions, ordering OLG to produce its IT and document retention policies for the court's review, and granting the parties leave to file further affidavit evidence regarding OLG's request for written particulars.