Following a Rule 21 motion where the defendants successfully struck the plaintiff's pleading but the plaintiff was granted leave to amend, the parties made written submissions on costs.
The defendants sought to defer costs, while the plaintiff sought costs based on a pre-motion offer to settle that proposed an amended pleading and a no-costs or costs-in-the-cause disposition.
The court noted the defendants' basic but divided success and the plaintiff's reasonable settlement offer, ultimately ordering that the costs of the motion be in the cause.
