context: The length of delay must be evaluated in the context of litigation activities engaged in during that time.
citation_a.signal: but cf.
citation_a.identifier: 325 F.3d 61, 61
citation_a.parenthetical: waiver found where party opposing arbitration was involved in at least five depositions and thirteen pre-trial conferences
citation_a.sentence: Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production); Sevinor v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 807 F.2d 16, 19 (1st Cir.1986) (no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents); J & S Constr. Co., Inc. v. Travelers Indem. Co., 520 F.2d 809, 809-10 (1st Cir.1975) (thirteen month delay not enough to constitute waiver); but cf. Rankin v. Allstate Ins. Co., 336 F.3d 8, 13 (1st Cir.2003) (finding waiver due to delay in demanding arbitration until after discovery complete and trial date approaching); Restoration Pres. Masonry, 325 F.3d at 61 (waiver found where party opposing arbitration was involved in at least five depositions and thirteen pre-trial conferences); Navieros Inter-Americanos, S.A. v. M/V Vasilia Express, 120 F.3d 304, 316 (1st Cir.1997) (finding waiver where delay lasted from filing of complaint until the eve of trial); Jones Motor, 671 F.2d at 42 (waiver found when party seeking arbitration engaged in deposition-taking, a pre-trial conference, cross-motions for summary judgment, and oral argument).
citation_b.signal: cf.
citation_b.identifier: 807 F.2d 16, 19
citation_b.parenthetical: no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents
citation_b.sentence: Cf. Creative Solutions Group, 252 F.3d at 33 (waiver not found when there was no discovery or other activity aside from plaintiffs filing a request for production); Sevinor v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 807 F.2d 16, 19 (1st Cir.1986) (no prejudice despite plaintiffs replying to over 300 interrogatories and twelve comprehensive requests for production of documents); J & S Constr. Co., Inc. v. Travelers Indem. Co., 520 F.2d 809, 809-10 (1st Cir.1975) (thirteen month delay not enough to constitute waiver); but cf. Rankin v. Allstate Ins. Co., 336 F.3d 8, 13 (1st Cir.2003) (finding waiver due to delay in demanding arbitration until after discovery complete and trial date approaching); Restoration Pres. Masonry, 325 F.3d at 61 (waiver found where party opposing arbitration was involved in at least five depositions and thirteen pre-trial conferences); Navieros Inter-Americanos, S.A. v. M/V Vasilia Express, 120 F.3d 304, 316 (1st Cir.1997) (finding waiver where delay lasted from filing of complaint until the eve of trial); Jones Motor, 671 F.2d at 42 (waiver found when party seeking arbitration engaged in deposition-taking, a pre-trial conference, cross-motions for summary judgment, and oral argument).