Sought costs for wasted time in preparing for discovery.
Requested further and better affidavit of documents, including financial statements from 2010 to 2022 from Labow and related parties.
Ruling on Motion:
The motion was dismissed because it was not included in a previous scheduling order by RSJ Edwards, which outlined motions to be heard on August 1, 2024. This order did not expressly allow Durham’s motion.
The court emphasized that Durham's request for documents should be addressed after the scheduled discovery, following Rule 30.06, which governs the process for further affidavits and document production.
The court ruled that the discovery process should continue as scheduled, and any unresolved issues can be addressed through a refusals motion post-discovery.
Costs for Cancelled Examination:
Durham’s request for $1,500 in costs for a cancelled examination was denied.
The judge reiterated that costs should be determined at the conclusion of the proceedings, not piecemeal during litigation, unless there is oppressive or vexatious conduct.
Conclusion:
Durham's motion was dismissed, and the court encouraged the continuation of the discovery process as planned. Future cost claims related to this issue are to be handled after the proceedings conclude. No monetary award specified.
