This endorsement addresses the costs of a dismissed motion brought by the plaintiffs for security for their $8,000,000 claim or an injunction against asset dissipation.
The motion was dismissed, and the parties subsequently failed to agree on costs, despite having previously reached an accord on a $1,000,000 security amount.
The court noted that significant costs could have been avoided due to the parties' inability to agree on *when* costs should be determined.
The defendants sought substantial indemnity costs, but the court awarded partial indemnity costs of $140,000 to the defendants, excluding expert report fees that could be utilized at trial, while including costs for cross-examinations.
