John M. Wigle

The plaintiffs brought a motion to stay the defendant's counterclaim pending the payment of approximately $138,000 in costs from previous unsuccessful motions, or alternatively, for an order requiring payment by a specific date.

The defendant sought an extension of 45 days to pay the costs, citing financial difficulties and an upcoming commercial closing that would provide funds.

The court balanced the need to enforce its orders with the context of the complex litigation and granted the defendant's request for an extension.

The court ordered that if the costs were not paid by the extended deadline, the counterclaim would be stayed.

The plaintiffs brought motions for an interlocutory injunction and for production of documents against the defendants, who were former employees and a competing insurance brokerage.

The injunction motion was settled and the production motion was stayed.

The plaintiffs sought substantial indemnity costs of over $390,000, arguing the defendants unnecessarily lengthened the proceedings and engaged in wrongdoing.

The court found the injunction component of the action was effectively spent, justifying fixing costs payable forthwith rather than in the cause.

The court awarded partial indemnity costs of $255,237, apportioned equally among the three responding defendants, after making deductions for services not directly related to the motions.