Following a prior decision staying a motion for summary judgment pending discovery, the court addressed costs of the motion.
The responding party sought substantial indemnity costs on the basis that the motion had been unreasonable and premature, while the moving parties requested partial indemnity costs payable in the cause.
The court considered Rule 20.06 of the Rules of Civil Procedure and the circumstances surrounding the premature motion.
Although the motion had disrupted the orderly discovery process, the court concluded that much of the work product would remain useful in the continuing litigation.
The court exercised its discretion to award a fixed costs amount rather than substantial indemnity or costs in the cause.
