The plaintiffs brought a motion for a status hearing under Rule 48.14(5) seeking to extend the timeline to set the action down for trial.
The action, involving allegations of historic physical and sexual abuse while in foster care, had been delayed for over five years without examinations for discovery being completed.
The court found that the plaintiffs failed to provide an acceptable explanation for the delay, particularly a 26-month period where the action was held in abeyance while former counsel contemplated a class proceeding.
The motion was dismissed, and the action was dismissed for delay.
