The plaintiffs (defendants to the counterclaim) brought a motion under Rule 56.01(1)(d) for an order requiring the corporate defendant (plaintiff by counterclaim) to post security for costs in the amount of $80,000.
The court found that while the corporate defendant was impecunious, it would be unjust to order security for costs because the counterclaim was closely related to the main action, the impecuniosity may have been caused by the moving parties' conduct, and the co-defendants undertook to pay any costs awarded against the corporate defendant.
The motion was dismissed.
