The plaintiff brought a motion for a status hearing and timetable under Rule 48.14 of the Rules of Civil Procedure, while the defendants sought to have the action dismissed for delay.
The court applied the two-part test from Khan v. Sun Life, requiring the plaintiff to show an acceptable explanation for the delay and that the defendants would suffer no non-compensable prejudice.
The court found the plaintiff's explanations for the delay, which included changing counsel and preparing summary judgment materials, to be credible.
Furthermore, the court determined the defendants would not suffer non-compensable prejudice, as a key witness had been located.
The court ordered the action to continue and directed the parties to agree on a timetable.