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Motion to strike claims for discovery non-compliance dismissed; further discovery ordered instead.
The moving parties brought a motion to strike the responding parties' statements of claim for failing to comply with discovery obligations.
One responding party failed to attend an examination, and another refused to answer several questions during hers.
The court reviewed the procedural history and the conduct of both counsel during the examinations.
The court found that while the responding parties did not fully comply, their conduct did not warrant the exceptional remedy of striking their claims.
Instead, the court ordered one responding party to attend an examination and ordered the other to answer written interrogatories.
The moving parties were awarded $3,000 in costs for the motion.
