R. Winterstein

The defendant, UAP Inc., brought a motion seeking security for costs against the corporate plaintiff, Mountainwide Auto Parts Ltd., under Rule 56.01(1)(d).

The court found that UAP's unexplained delay of more than five years in bringing the motion was fatal.

The court also noted that UAP did not seek security against the individual plaintiffs and possessed significant financial resources, concluding the motion was tactical rather than a genuine effort to secure costs.

The motion was dismissed.

The plaintiff brought a motion for summary judgment against his wife, who had been noted in default, for funds she allegedly diverted and stole from him.

The court granted summary judgment for $466,420.22, finding that the debt would survive bankruptcy due to fraud.

However, the court dismissed the plaintiff's requests for a vesting order over the defendant's personal property and for an order redirecting hypothetical future settlement funds, as the legal requirements for such orders were not met.

Following the dismissal of the plaintiff's action, the successful defendants sought costs on a substantial indemnity basis.

The court found that the plaintiff's conduct was not reprehensible and awarded costs on a partial indemnity basis.

The court reviewed the defendants' bills of costs, making reductions for excessive trial preparation time and for the defendants' failure to properly produce relevant documents before trial, which had necessitated a two-day adjournment.

Total costs of $784,276.99 were awarded to the defendants.