The plaintiffs brought a motion seeking leave to examine two non-party witnesses and to amend the claim to remove one of the plaintiffs in his personal capacity.
The court dismissed the request to examine the non-parties, finding it premature as the plaintiffs had not yet exhausted the discovery process through a refusals motion.
The court granted the request to remove the individual plaintiff on terms, including that he pay $2,000 in costs to one of the defendants and remain liable for costs awarded against the unincorporated plaintiffs.