The defendant employer brought a motion to quash three Rule 39.03 summonses to witness served by the plaintiff employee in advance of a pending pleadings motion.
The plaintiff sought to strike out portions of the defendant's amended pleading alleging after-acquired cause.
The court found that the extensive list of documents requested in the summonses amounted to a fishing expedition and an attempt to initiate early discovery.
The motion was granted and the summonses were quashed as an abuse of process.
