The moving defendants brought motions to dismiss the plaintiff's action for delay and failure to comply with court orders, and for summary judgment on a counterclaim.
The plaintiff and the defendant by counterclaim failed to file any responding material and did not have counsel appear.
The court granted the motions, dismissing the action, granting summary judgment on the counterclaim for $750,000, and awarding costs against the plaintiff and the defendant by counterclaim jointly and severally due to their abuse of process and delay.