The plaintiffs brought a motion to compel the defendants to attend mandatory mediation, attend examinations for discovery, and answer undertakings and questions taken under advisement.
The defendants had repeatedly failed to attend scheduled mediations and discoveries.
The court ordered deadlines for mediation, affidavits of documents, and discovery attendance.
The court also ordered a deadline for answering undertakings, finding that although the 60-day period under Rule 31.07(1) had not yet expired, the defendants' conduct warranted an order.
The court declined to compel an answer to a question taken under advisement regarding an insurance adjuster's investigation, finding the request premature and the evidentiary record insufficient to assess relevance or litigation privilege.
Costs thrown away were fixed at $7,000 on a substantial indemnity basis.
