T. Arndt

The plaintiff brought a motion to exclude the defendants from her examination for discovery, alleging she would be intimidated by their presence due to a history of domestic abuse by her former spouse, one of the defendants.

The court found the plaintiff's uncontradicted evidence of assault supported her claim of intimidation regarding her former spouse and his brother, who lived in the same residence during the abuse.

The motion was granted in part, excluding the former spouse and his brother, but dismissing the request to exclude a third defendant due to a lack of specific evidence.

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.