How have courts considered the duration of a plaintiff's failure to prosecute for sexual assault?

MultiRegion, United States of America

The following excerpt is from Martens v. Thomann, 273 F.3d 159 (2nd Cir. 2000):

In applying this factor, we ask (1) whether the failures to prosecute were those of the plaintiff; and (2) whether these failures were of significant duration. See Spencer v. Doe, 139 F.3d 107, 113 (2d Cir. 1998). As to the first consideration, the district court determined that the individual plaintiffs allowed fifteen months to elapse from the time that they opted out of the class in March 1998 until they noticed depositions in June 1999. The district court stated that it could "divine no reasonable excuse for this fifteen months of inactivity." Martens, 194 F.R.D. at 111.

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