The plaintiffs moved for a status hearing to extend the deadline to set their complex construction action down for trial.
The defendant DeMarco Construction opposed, arguing the delay was inexcusable and caused prejudice due to the death of its primary witness.
The court found the plaintiffs provided an acceptable explanation for the delay, citing health issues and difficulties scheduling mediation.
The court also held that the prejudice from the witness's death was not attributable to the plaintiffs' delay and was attenuated by the availability of discovery transcripts and documentary evidence.
The motion to extend the deadline was granted.
