The Grillone Defendants brought a motion under Rule 59.06 to set aside or stay a previous order granting a Mareva injunction, alleging fraud and newly discovered facts.
They claimed the plaintiffs intentionally withheld an exhibit to an affidavit that would have undermined the affiant's credibility.
The court dismissed the motion, finding that the allegedly withheld evidence did not go to the foundation of the case and could have been obtained with due diligence.
The court awarded partial indemnity costs to the plaintiffs.
