The plaintiffs moved to set aside an administrative dismissal order, later shifting to argue the dismissal was a nullity as to one plaintiff whose action had been automatically stayed under Rule 11.01 following an undisclosed transfer of interest.
The court found the dismissal order was a nullity with respect to the stayed action, but nevertheless dismissed that action for delay under Rule 11.03, applying the rule within the currency of the existing motion.
As to the second plaintiff's action, the court applied the Reid factors and found the plaintiffs had not satisfactorily explained significant delay, had not been transparent with the court regarding the transfer of interest, and that the defendant had suffered evidentiary prejudice.
Both actions were dismissed and costs of $7,500 were awarded to the defendant.
