Contract analysis
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Contract analysis / email-december-deadline-expired.eml
email-december-deadline-expired.eml
High · 1
Medium · 0
Standard · 0
1. The duration of the plaintiff's failure to advance the case;
1. The duration of the plaintiff's failure to advance the case;
2. Whether the plaintiff received notice that further delay would result in dismissal;
2. Whether the plaintiff received notice that further delay would result in dismissal;
3. Whether the defendant is likely to be prejudiced by further delay;
3. Whether the defendant is likely to be prejudiced by further delay;
4. The balance between the court's interest in managing its docket and the plaintiff's int
4. The balance between the court's interest in managing its docket and the plaintiff's interest in having its day in court; and
5. The efficacy of lesser sanctions.
High
⚑ Penalty / liquidated damages
5. The efficacy of lesser sanctions. We believe these factors weigh in Stonefield's favor. Judge Calloway's October 18 order placed Vantor on explicit notice of the 60-day deadline, and the failure to comply directly supports a finding under factor (2). The case has seen no prosecution activity for over two months, addressing factor (1). As to prejudice, Stonefield has incurred approximately **$4.42 million** in lega