The plaintiffs commenced an action for injuries sustained during an assault at a concert.
The defendant Inneractive was added to the action based on information from co-defendants, but it was later determined Inneractive was not providing security on the date of the incident.
Inneractive brought a motion for summary judgment and costs after the plaintiffs circulated a consent dismissal that went unanswered.
The court granted the dismissal but reduced Inneractive's claimed costs because the motion was premature.
The court ordered the plaintiffs and the co-defendants to share Inneractive's costs equally due to the co-defendants' delay in clarifying the security arrangements.
The court also granted the plaintiffs' motion to schedule discoveries and awarded the plaintiffs costs for that motion.