Miguel D. Mangalindan

The plaintiff claimed damages for early termination of a fixed-term employment contract under simplified procedures.

The action settled, with costs remaining in dispute.

The plaintiff sought partial indemnity costs of $24,615.80, while the defendant proposed $5,000 plus disbursements, arguing for restraint in simplified procedure cases and criticizing the plaintiff's conduct and excessive time spent.

The court considered factors under Rule 57.01(1), the simplified procedure context, the amount recovered, and the defendant's reasonable expectations, ultimately fixing the plaintiff's total costs at $14,855.99.

The defendants, having successfully obtained a stay of action based on an arbitration clause, sought partial and substantial indemnity costs totaling $68,449.55.

The plaintiff conceded entitlement to costs but argued the amount was excessive.

The court applied the principle that costs should be fair and reasonable for the unsuccessful party, not merely the actual costs incurred.

While acknowledging the importance of the matter to the defendants and the plaintiff's conduct contributing to increased costs, the court found the claimed hours excessive for a two-hour motion.

Considering an offer to settle, the court awarded costs at the higher end of a reasonable range, fixing them at $40,000.00.