Following the granting of summary judgment dismissing the plaintiffs’ action, the court determined costs payable to the successful defendants and the allocation of costs involving an intervener.
The defendants sought substantial indemnity costs for the summary judgment motion and partial indemnity costs for the remainder of the action.
The court applied the factors in Rule 57.01 of the Rules of Civil Procedure and concluded that certain time claimed by counsel was excessive relative to the complexity of the motion and the work performed by other counsel.
Costs for the summary judgment motion were fixed with the intervener and the plaintiffs each responsible for portions of the award, while the plaintiffs were ordered to pay additional partial indemnity costs for the remainder of the action.
