Background:
- CCPS (Plaintiff) sued Capital Sewer (Defendant) for breaching a commercial lease, seeking damages for lost rental income, repair costs, and clean-up expenses.
- Capital Sewer filed a counterclaim for unpaid invoices related to the usage of its waste facility, claiming entitlement to contribution or indemnity.
Key Issues:
- Summary Judgment Request: CCPS sought summary judgment on its claim and to dismiss the counterclaim, arguing no genuine trial issues existed.
- Striking Defendant’s Pleadings: CCPS requested to strike Capital Sewer's defense and counterclaim due to non-compliance in discovery.
- Compelling Discovery: CCPS requested an order mandating Capital Sewer’s cooperation in discovery and document production.
Decision & Analysis:
- Summary Judgment Denied: The court found that material facts, such as the exact vacate date, condition of premises upon vacating, and the responsibility for repairs, could not be resolved without a full trial.
- Pleadings Not Struck: The court acknowledged delays from Capital Sewer but determined their conduct did not warrant striking the defense. Instead, it ordered a specific timeline for discovery compliance.
- Discovery Ordered: Capital Sewer must submit documents within 30 days and complete examinations within 60 days, or face potential penalties.
Costs: Capital Sewer was ordered to pay CCPS $6,000 in partial indemnity for legal costs associated with the motion.
Outcome: The motion for summary judgment and to strike Capital Sewer’s pleadings was dismissed. The case will proceed to trial.
