The plaintiffs initially succeeded on a motion to bifurcate a class proceeding trial.
The defendants obtained leave to appeal that order.
Subsequently, the plaintiffs abandoned the appeal, proposing that no costs be awarded.
The defendants rejected this proposal and brought a motion to fix costs for the initial motion, the leave to appeal motion, the abandoned appeal, and the current motion.
The court granted the defendants' motion, awarding them costs on a partial indemnity basis fixed at $17,971.75.