F. P. Carpenter

The plaintiff brought a motion for leave under Rule 48.04(1) to compel further discovery and production of documents from the defendants, specifically seeking unredacted daytimers and a fourth re-attendance for discovery.

The court granted leave to bring the motion but dismissed the substantive requests, noting the long-standing knowledge of the daytimers, the imminent 20-day trial, and the unreasonableness of ordering a further re-attendance at this late stage.

Costs of $5,000 were awarded to the responding defendants.

The plaintiff brought a motion for various procedural relief, including leave to bring the motion after setting the action down for trial, further examinations for discovery, and further documentary production.

The court granted leave under Rule 48.04(1) due to substantial amendments to the pleadings.

The court ordered further examinations of certain defendants and non-parties, and ordered the defendants to serve further and better supplementary affidavits of documents.

Timetables were set for expert reports and further motions.

Costs of the motion were awarded to the plaintiff in the cause, while costs of a prior motion were awarded to the defendants in the cause.

The moving party defendants brought a motion to settle a previous order, fix a timetable, and order reciprocal property inspections.

The court found that the reciprocal inspections had already been consented to in a prior order and through undertakings, and ordered them to proceed.

The court also addressed the costs of a previous motion, finding divided success and ordering that each party bear their own costs.