The plaintiff brought a motion under Rule 59.06 to set aside a consent order that struck her claims and required her to reconstitute them within 30 days.
The plaintiff's former lawyer had failed to inform her of the order or comply with the deadline due to health reasons.
The court found that the defendants failed to demonstrate prejudice that could not be compensated by costs, and that the prejudice to the plaintiff in losing her substantive rights outweighed any prejudice to the defendants.
The motion was granted, the order was set aside, and the three related actions were consolidated.
