In re Malm v. Villegas

11 Villegas petitioned for relief pursuant to C.A.R.+21 from an order of the district court granting Malm's motion to reopen her personal injury lawsuit, some six years after it had been marked inactive and closed. The court denied Villegas's motion to reconsider and dismiss the action for failure to prosecute, despite the passage of more than seven years between the filing and service of the complaint. Relying largely on Malm's self-reported efforts to find and serve Villegas, and Villegas's failure to demonstrate prejudice from the delay, the district court effectively found that service…