Because Cogen has not fought the suit, the suit against him would continue even if Mosby were dropped from the complaint, and so Mosby and her office would still have to produce many of the same documents in discovery, Garbis ruled: "The discovery contemplated in the instant case is not 'unnecessary,' nor would it cause irreparable injury, because almost all of the same claims have been asserted against Cogen, who has not appealed."