First-party no-fault; PIP benefits; Medical-provider claims; Discovery sanctions; Motion to compel depositions; Striking witnesses; Expert witnesses; Dean v Tucker factors; Lesser sanctions; Summary disposition; MCR 2.116(C)(10)

The court held that the trial court abused its discretion by striking plaintiffs’ witnesses without adequately considering the Dean factors and lesser sanctions. Plaintiffs, medical providers in a first-party no-fault action, failed to produce three witnesses for depositions within the time required by an order to compel, and the trial court struck those witnesses before later granting defendant summary disposition. On appeal, the court held that the sanction analysis was inadequate because the trial court stated its conclusions “in a conclusory fashion” and did not explain how defendant was prejudiced or “what defect needed to be cured.” It also found the record did not show repeated discovery violations because the parties had stipulated to extend plaintiffs’ initial-disclosure deadline, and “the only discovery violation reflected on the record” was failure to comply with the order compelling depositions within 30 days. The court emphasized that the sanction effectively resulted in dismissal and required more rigorous consideration, including whether attorney fees or another lesser sanction would better serve the interests of justice. Reversed in part, vacated in part, and remanded.