Key Points:

Previous Endorsement:

Cost Dispute:

• Requested substantial indemnity costs of $15,000 due to being wholly successful in the motion.
• Justified by the high stakes, Plaintiff's refusal to amend voluntarily, late filings, inadmissible evidence, and undue expenses from poorly identified amendments.
• Cited a Rule 49 offer to settle which was more favorable than the eventual outcome.

• Argued against a costs award, suggested costs should be in the cause or on a partial indemnity basis, estimating reasonable costs between $5,000 and $7,000.
• Claimed Defendant exaggerated costs, acted unreasonably, and included inadmissible materials in submissions.

Court's Analysis:

Conclusion: