The plaintiff, a trustee in bankruptcy for a healthcare provider, brought a motion seeking to compel the defendant insurer to produce 33 former employees for examination for discovery prior to the determination of the defendant's summary judgment motion.
The plaintiff also sought the return of $350,000 paid into court as security for costs and an order prohibiting the defendant from bringing further motions.
The court granted the request for discoveries, finding that the parties had previously agreed to them in Minutes of Settlement and that the plaintiff needed the evidence to put its best foot forward on the summary judgment motion.
The requests to reduce security for costs and prohibit further motions were dismissed.