The plaintiff brought a motion to proceed with examinations for discovery in the main action separately from the third party claim.
The main action involved allegations of negligence against environmental consultants for failing to identify contamination prior to the plaintiff's purchase of the property.
One defendant issued a third party claim against previous owners, causing significant delays in scheduling discoveries.
The court granted the motion, finding no overlap in liability issues between the main and third party claims, and held that the plaintiff should not be prejudiced by further delays caused by the third party proceedings.
