Following an earlier decision dismissing a motion by the plaintiffs to amend their statement of claim and rejecting most of their requested changes to a discovery plan in a securities class action, the court addressed costs.
The defendants sought substantial partial indemnity costs for both the amendments motion and the discovery plan motion.
The court held that the amendments motion was a significant and high-stakes procedural dispute in complex class proceedings and that the defendants’ claimed costs were within the reasonable expectations of the losing party.
The court also found that the plaintiffs’ demands regarding the discovery plan were disproportionate and that the defendants were the successful party on that motion.
Costs were awarded to the defendants both for the amendments motion and, in any event of the cause, for the discovery plan motion.
