Delta-T Case Summary

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Third-Party Defendant, DELTA-T CORPORATION, (“Delta-T”), by its attorneys, ADLER MURPHY & McQUILLEN LLP, objects to Third-Party Plaintiff, AGRA INDUSTRIES, INC’s (“Agra”) Motion to Re-open Case on the basis that Agra has failed to has failed to prosecute its case for more than four years and six months thereby warranting dismissal pursuant to WIS. STAT. § 805.03. Further, Agra’s delay in pursuing its case constitutes egregious conduct and Agra has failed to establish a good faith basis that justifies this matter being reopened. Finally, Delta-T has been irreversibly prejudiced by Agra’s failure to pursue its claim. Consequently, Delta-T respectfully submits that Agra’s motion must be denied.
The purpose of WIS. STAT. § 805.03 is to avoid delay; “for delay is one of the basic impediments to the fair administration of justice.” Prahl v. Brosamle, 142 Wis. 2d 658, 670 (Wis. Ct. App. 1987). …show more content…
STAT. § 805.03 provides in relevant part:
For failure of any claimant to prosecute…the court in which the action is pending may make such orders in regard to the failure as are just, including but not limited to orders authorized under § 804.12(2)(a). Any dismissal under this section operates as an adjudication on the merits unless the court in its order for dismissal otherwise specifies for good cause shown recited in the

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