The plaintiffs brought a motion to extend the time to set the action down for trial and to set a timetable for remaining steps.
The defendant brought a cross-motion to dismiss the action for delay under Rule 48.14.
The court found that the plaintiffs provided an acceptable explanation for the delay, as they were actively working with experts to prepare liability and damages reports, despite their counsel's failure to communicate with the defendant.
The court also found that the defendant would suffer no non-compensable prejudice if the action proceeded.
The plaintiffs' motion was granted and the cross-motion was dismissed.
