The plaintiff abandoned its motion for an interlocutory injunction after nearly two years.
The defendants sought costs of the abandoned motion on a substantial indemnity scale, payable forthwith.
The court held that, absent extraordinary circumstances, costs of an abandoned injunction motion are payable forthwith.
Finding no reprehensible conduct by the plaintiff, the court awarded costs on a partial indemnity scale, fixing them at $65,908.61 for the Racer Defendants and $22,713.82 for the Standard Defendants.
