The defendants sought to dismiss the plaintiffs' medical malpractice action for delay at a status hearing under Rule 48.14.
The action was commenced in 2007, but the plaintiffs failed to advance the litigation, missing deadlines for documentary discovery and examinations for discovery.
The court found a complete lack of communication between the plaintiffs and their counsel, and no acceptable explanation for the delay.
The court also found that the defendants would suffer prejudice due to the passage of time, as the events occurred in 2005.
The action was dismissed for delay.