Following a settlement between defendants and several third parties in a defective window litigation, the plaintiff sought disclosure of the settlement terms and scheduled a motion for that relief.
Before the motion proceeded, the plaintiff received sufficient information about the settlement through exchanged emails and draft releases and abandoned the motion but sought costs for bringing it.
The responding parties also sought their costs.
The court declined to determine the abstract merits of the abandoned motion solely for costs purposes and held that continuing the motion solely to support a costs claim was a waste of court and counsel resources.
No costs were awarded to any party.
