The defendant sought costs after being partially successful on a motion to strike the plaintiffs' claim.
The court found that while the defendant succeeded in obtaining a stay and requiring the plaintiffs to add her to an existing action, she had over-reached by seeking a complete dismissal of the claim.
Because the defendant's unsuccessful arguments consumed significant time and posed an existential threat to the plaintiffs' case, the court concluded that success was truly divided.
Consequently, the court ordered each party to bear their own costs of the motion.
