The plaintiff brought a motion for an extension of time to set the action down for trial and a timetable for remaining pre-trial steps.
The action involved claims of unlawful arrest and assault against police officers.
The defendants opposed the motion, arguing the delay caused actual prejudice due to weakened memories.
The court found the plaintiff provided an adequate explanation for the delay, which was largely due to multiple changes in counsel and the COVID-19 pandemic.
The court also found no non-compensable prejudice to the defendants, as they had contemporaneous notes and statements, and had passively acquiesced to the delay.
The motion was granted, and the time to set the action down for trial was extended.
