The defendant brought a motion seeking leave to quash Rule 39.03(1) examinations of its representatives that the plaintiff sought to conduct in response to the defendant's motion to stay the plaintiff's underlying lien action.
The plaintiff brought a cross-motion seeking leave to strike portions of an affidavit filed by the defendant.
The court granted leave for the defendant's motion to quash but dismissed the motion on the merits, finding that the plaintiff had established a reasonable evidentiary basis for the examinations and that the proposed witnesses were in a position to provide relevant evidence.
The court denied leave for the plaintiff's cross-motion.
