the bill of discovery was no longer a lawsuit about a lawsuit. There was a pending lawsuit with the actual claims. The defendants argued that the plaintiff could pursue the records in the newly filed case. The court rejected this argument noted that under prior caselaw, a bill of discovery...
(ii) on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence, provided that not more than...