Following the dismissal of the plaintiff's motion for summary judgment regarding unpaid incentive compensation, the successful defendants sought costs of $140,005 on a partial indemnity basis.
The plaintiff argued that no costs should be awarded due to the defendants' conduct causing delay, or alternatively, that the costs were excessive.
The court found that while there was some merit to the plaintiff's complaints about delay, it did not justify denying costs entirely.
The court fixed the costs at $60,000 all-inclusive, noting that the defendants' unaccepted offers to settle were relevant under Rule 57.01(1) despite not triggering Rule 49.10(2).
