Plaintiff’s Motion to Set Aside Dismissal.
Plaintiff filed this action on August 26, 2011. More than seven months prior to the five year anniversary of the filing of the complaint, on January 14, 2016 at an issues conference the court advised the parties that an ongoing trial had displaced the trial set to commence on January 19, 2016. At that issues conference the parties agreed that a referee be appointed to review an accounting and make a recommendation to the court. The court ordered the parties to meet and confer and select a mutually agreeable referee; and if unable to agree, to provide by January 29, 2016 three names to the court from which the court will select a referee. The parties were also ordered to file a joint statement of the case setting forth what the referee will be deciding, the issues that will be coming forward for trial, and the damages sought. A review hearing re: status of work of referee and trial setting was set for April 7, 2016. On February 1, 2016 plaintif