The defendants brought a motion for security for costs against the self-represented plaintiff, seeking $151,971.35 based on the plaintiff's failure to pay prior costs awards and alleging the action was frivolous or vexatious.
The court found that the plaintiff's undisputed failure to pay prior costs totaling $123,401.10 was a valid ground under Rule 56.01(1)(c).
However, the court did not find the action frivolous or vexatious under Rule 56.01(1)(e).
The plaintiff failed to demonstrate that an order for security would be unjust.
The court clarified that Rule 56 is intended to secure future costs, not to enforce payment of historic costs.
Consequently, the court ordered the plaintiff to post $10,000 in security within 60 days and an additional $5,000 at least 60 days before his summary judgment motion.
No costs were awarded for the motion itself due to the defendants' limited success and lack of a bill of costs.