Cornelius A. Brennan

Following a split decision on motions, the defendant sought $1,500 in costs for responding to relief the plaintiffs abandoned during submissions.

The plaintiffs argued for no costs, citing financial hardship.

The court ordered the plaintiffs to pay $500 in costs for the abandoned claims, but deferred payment until the final disposition of the action to avoid creating a barrier to the proceedings.

The defendant brought a motion for costs thrown away after the plaintiffs' counsel cancelled examinations for discovery in August 2020 for personal reasons, and after the defendant aborted rescheduled discoveries in November 2020.

The plaintiffs brought a cross-motion to compel the defendant to attend discovery.

The court ordered the plaintiffs' counsel to personally pay $400 in costs thrown away for the August cancellation.

However, the court found the defendant was not justified under Rule 34.14(1) in aborting the November discoveries due to the plaintiff's alleged lack of preparation.

Both parties were ordered to reattend examinations for discovery.