CACI No. 457

Proceeding

[Name of plaintiff] claims that even if [his/her/ nonbinary pronoun/its]

lawsuit was not filed by [insert date from applicable statute of limitations],

[he/she/nonbinary pronoun/it] may still proceed because the deadline for

filing the lawsuit was extended by the time during which [specify prior

proceeding that qualifies as the tolling event, e.g., she was seeking workers’

compensation benefits]. In order to establish the right to proceed, [name of

plaintiff] must prove all of the following:

1. That [name of defendant] received timely notice that [name of

plaintiff] was [e.g., seeking workers’ compensation] instead of filing

a lawsuit;

2. That the facts of the two claims were so similar that an

investigation of the [e.g., workers’ compensation claim] gave or

would have given [name of defendant] the information needed to

defend the lawsuit; and

3. That [name of plaintiff] was acting reasonably and in good faith

by [e.g., seeking workers’ compensation].

For [name of defendant] to have received timely notice, [name of plaintiff]

must have filed the [e.g., workers’ compensation claim] by [insert date from

applicable statute of limitations] and the [e.g., claim] notified [name of

defendant] of the need to begin investigating the facts that form the basis

for the lawsuit.

In considering whether [name of plaintiff] acted reasonably and in good

faith, you may consider the amount of time after the [e.g., workers’

compensation claim] was [resolved/abandoned] before [he/she/ nonbinary

pronoun/it] filed the lawsuit.

New December 2009; Revised December 2014