The defendant brought a motion to dismiss the plaintiff's action for delay and failure to comply with court orders.
The motion was resolved on consent, with the parties agreeing to a timetable and leaving costs to be determined in writing.
The court found that the defendant was entitled to costs because the plaintiff's failure to respond in a timely manner caused the defendant to incur unnecessary expenses.
The court awarded the defendant costs fixed at $4,500 on a partial indemnity scale.
