Rathje v. Horlbeck Capital Management

Trustee invested in hedge fund which was organized as limited partnership. When partnership was dissolved, trustee learned that actual value of his share of partnership assets had decreased by $1 million. Although Section 2-402 of Code of Civil Procedure provides that provisions of that Section are no longer applicable to a respondent in discovery that self-converts to a party defendant, trial court retains power to enforce its discovery ordered entered when self-converted defendant was a respondent in discovery.Trial court has authority to condition arbitration of merits of dispute on compliance with its discovery orders, such as orders to produce unredacted documents. (SCHOSTOK and SPENCE, concurring.)