2 total
Substantial indemnity costs of $6,000 awarded against plaintiffs for improperly attempting to withdraw a jury notice.
The defendant sought costs on a substantial indemnity basis after successfully moving to strike the plaintiffs' 'Notice of Withdrawal of Jury Notice' and after the plaintiffs abandoned their cross-motion to strike the jury notice.
The court found the plaintiffs' conduct in creating a non-existent form and ignoring the Rules of Civil Procedure warranted the court's disapproval.
The court awarded the defendant substantial indemnity costs fixed at $6,000.
The court ordered the responding parties to deliver full and final releases as an implied term of their settlement agreement.
Wawanesa Mutual Insurance Company and Wahaj Ahmed brought a motion to compel Romaiya Ahmed, Shi Shang, and Jian Yang to deliver full and final releases following a settlement agreement to dismiss claims against Wawanesa and Wahaj on a 'without costs' basis.
The court found that the delivery of a full and final release is an implied term of settlement unless otherwise agreed, and no such agreement was made.
The court granted the motion, ordering the delivery of the releases.
