The plaintiff sought costs after successfully defending two motions by the defendants that attempted to restrain her from filing further requests to admit.
The plaintiff claimed approximately $62,895 in legal fees and disbursements and had made a Rule 49 offer to settle costs for $33,000 all-inclusive.
The defendants argued the claim was disproportionate to the nature of the motions and proposed significantly lower amounts.
Applying the principles of fairness, reasonableness, and proportionality under the Rules of Civil Procedure, the court found the claimed time and assistant billing rate excessive.
Costs were reduced and fixed at $20,000 all-inclusive.
