The defendants brought a motion to dismiss the plaintiff's 2018 action for delay, citing the plaintiff's failure to deliver an affidavit of documents since 2021 and non-compliance with a consent order from August 2023.
The self-represented plaintiff attributed the delay to being busy with other priorities, including an immigration consulting practice and other litigation.
The court found the delay inordinate and intentional, leading to a substantial risk that a fair trial would not be possible due to fading memories and lack of discovery.
The motion was granted, and the action was dismissed with costs to the defendants.
