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Delay in Prosecuting Lawsuit Deemed Unreasonable, Leading to Prejudice

In a long-running legal battle, the Supreme Court of the Northern Mariana Islands has ruled that a delay of nearly two decades in prosecuting an action that commenced in 2004 was unreasonable and prejudiced the defendant.

Background

The lawsuit, which was filed in 2002 and amended in 2004, alleged negligence and breach of contract against Marianas Insurance Company (MICO). However, despite numerous court appearances and filings, the case remained unresolved for nearly 20 years.

Supreme Court Ruling

In its decision, the Supreme Court ruled that the plaintiff’s failure to prosecute the lawsuit in a timely manner was unreasonable and constituted dilatory conduct. The court noted that the plaintiff failed to file any opposition to MICO’s motion for summary judgment for over four years and did not take any substantive action for nearly three and a half years while waiting for a ruling on a motion to reconsider.

Prejudice Caused by Delay

The court also found that the delays had caused prejudice to MICO, including:

• The death of witnesses
• The loss or deterioration of evidence

As a result, the Supreme Court concluded that dismissal of the lawsuit with prejudice was warranted.

Factors Considered

In reaching its decision, the Supreme Court considered various factors, including:

• The public policy interest in resolving cases on their merits
• The possibility of less drastic sanctions

However, it ultimately determined that dismissal was the most appropriate remedy given the plaintiff’s unreasonable delay and the resulting prejudice to MICO.

Significance of the Ruling

The ruling is a significant one for legal practitioners and parties involved in long-running litigation, serving as a reminder of the importance of timely prosecution of lawsuits and the consequences of dilatory conduct.

Case Details

• Case Name: Villagomez v. Marianas Insurance Company
• Supreme Court of the Northern Mariana Islands
• Decision Date: December 22, 2021
• Docket Number: 2021 MP 12