The defendants brought motions to dismiss two separate actions for the plaintiff's failure to comply with a previous court order and for inordinate and inexcusable delay under Rules 60.12, 24.01(1), and 48.14.
The court found the plaintiff's non-compliance with the order to be complete and unequivocal, with no adequate explanation for the significant delay, particularly after an indulgence was granted.
The court determined that the delay was inordinate and inexcusable, raising a substantial risk that a fair trial would not be possible due to a presumption of prejudice that the plaintiff failed to rebut, including concerns about the availability of medical records and witnesses.
Consequently, both actions were dismissed.
