S. Hodge

The applicant pension fund brought an application for an interpleader order regarding a $62,841.54 pre-retirement death benefit.

The deceased plan member's designated beneficiaries (his mother and sister) and his alleged common-law spouse asserted competing claims to the fund.

The alleged spouse opposed the order extinguishing the applicant's liability, arguing she had a claim for emotional distress.

The court granted the interpleader order, finding no valid cause of action against the applicant, and ordered the alleged spouse to pay $15,000 in partial indemnity costs to the applicant.

The plaintiff law firm brought a motion to reinstate its action against the defendants, which had been administratively dismissed for delay under Rule 48.14.

The delay was primarily caused by the plaintiff's principal failing to provide necessary documents to his various lawyers, as well as a dispute over a pleading of improvident settlement.

The court found that while the plaintiff was a 'sojourner' for a period, he had regained the will to litigate before the dismissal.

Applying the Reid factors and emphasizing the preference for deciding cases on their merits, the court found the delay was not undue, the motion was brought promptly, and the defendants did not suffer significant prejudice.

The motion to reinstate the action was granted.

The plaintiffs brought a motion for a status hearing to show cause why their consolidated action, originating from claims commenced between 2000 and 2007 regarding the defendants' management of mortgaged properties, should not be dismissed for delay under Rule 48.14.

The court found that the plaintiffs failed to provide an acceptable explanation for at least seven years of delay, largely stemming from their failure to properly scan and index property management documents.

Furthermore, the court found that the defendants would suffer actual prejudice due to the death and unavailability of key witnesses.

The action was dismissed for delay.