The plaintiff requested a reconsideration of the court's original costs award of $38,000, noting that a sealed Rule 49 offer to settle had not been brought to the judge's attention.
The court reviewed the offer and found that the plaintiff was more successful at trial than the offer advanced.
Applying Rule 49, the court determined the plaintiff was entitled to partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.
After applying reductions for duplication of effort and proportionality, the court increased the costs award to $58,000.
