The defendant brought a motion for an order requiring the corporate plaintiff to post security for costs.
The corporate plaintiff resisted, claiming impecuniosity and that its claim was not devoid of merit.
The court found that the corporate plaintiff failed to meet the high evidentiary burden to establish impecuniosity, as it did not provide complete financial disclosure.
Furthermore, the court determined that the corporate plaintiff did not have a good chance of success on the merits of its claims regarding uncompetitive pricing and alleged threats by the defendant.
The motion was granted, and the corporate plaintiff was ordered to post $40,000 in security for costs.
