The defendants sought costs relating to four motions in a proposed class action that were ultimately never argued, including motions to strike portions of the statement of claim, for a pre-certification notice, for a sealing order, and for inspection of documents referred to in the pleadings.
The plaintiffs amended their pleadings multiple times and eventually produced certain documents, resulting in the withdrawal or abandonment of the motions.
The court held that the defendants had been put to unnecessary expense due to the manner in which the plaintiffs prosecuted the action.
Exercising its discretion under Rule 57.01(1) of the Rules of Civil Procedure, the court concluded that the defendants were practically the successful party in respect of the abandoned or unargued motions.
Costs of $14,000 all-inclusive were awarded to the defendants, payable in any event of the certification motion.
