During case management for an anticipated summary judgment motion in a construction-related dispute, the plaintiff faced delays producing documents due to the deaths of individuals involved and the fact that many relevant records were held by contractors, subcontractors, and third-party service providers.
The court ordered the plaintiff to use its best efforts to obtain and produce relevant documents by a specified deadline.
The court emphasized that voluntary cooperation by non-parties would avoid formal motions for non-party production and potential cost consequences.
A further case conference was directed to schedule cross-examinations or any required non-party production motions.