The plaintiffs sought costs for several motions that were either settled or not heard, including an injunction motion, a motion to amend pleadings to add a fraudulent conveyance claim, and a motion for production of documents.
The underlying action involved a dispute over $500,000 in life insurance proceeds.
The court found that the plaintiffs were put to significant time and expense because the defendants initially refused to voluntarily freeze the insurance proceeds, which necessitated the injunction motion.
However, the court also found that the plaintiffs' motion for production of documents was premature as no discoveries had been held.
Balancing these factors and the principles of reasonableness and proportionality, the court awarded the plaintiffs $33,000 in costs.