The plaintiffs brought motions seeking a further and better affidavit of documents, a monetary sanction for repeated breaches of court-ordered discovery deadlines and an agreed discovery plan, and an order striking the defendants' responding affidavit.
The court declined to strike the affidavit, holding that even if parts of it engaged settlement privilege concerns, the plaintiffs had not shown the criteria under rule 25.11 were met.
The court granted a further and better affidavit of documents under rule 30.06(b), finding the negotiated discovery plan and the production record established that relevant documents likely existed and had been omitted.
The court also imposed an $8,500 sanction for breaches of court orders and fixed motion costs at $30,000 all inclusive payable to the plaintiffs.
