The plaintiff brought a motion to set aside a registrar's order dismissing the action for delay.
The court found that the plaintiff provided a reasonable explanation for the delay, noting that the defendants' failure to advance their third-party claim contributed to the delay in scheduling mediation.
The court also found that the defendants suffered no actual prejudice from the delay, as the intervening bankruptcy of some defendants was unrelated to the litigation timeline.
The motion was granted and the dismissal order was set aside, with no order as to costs.