Jump to content

Should I file a 2nd Motion to Dismiss or MSJ

Recommended Posts

Well I am kind of pissed to say the least.

Yesterday I got in the mail an envelope from the Clerk of The Court. I was excited because I thought the idiots had went ahead an dismissed the complaint since they sent me a letter on Mutual Dismissal back in July.

WRONG! It was an order from the Judge Denying my original Motion to Dismiss that I had filed with my Answers, Responses, Defenses, and Counter Claim I filed back on 6/1/11.

Well after being pissed for a while I re read the order, the friging order was prepared by the Attorney for the Plaintif...WTF?? How in the heck does that happen? did the Judge even read anything that I had filed? or just see the blank order and say hummm I'll just sign this since they were so kind to include it for me. Hell I would have made up a blank order for him to sign for that matter.

So now what can I expect from this good ol' boy system in South Ga.? I guess I should have signed their dismissal letter instead of making stipulations for them. I still have not heard from them.

Any advice on what to do next or what to expect?

1stStep suggested that I refile the Motion to Dismiss, which I can do if I can find one to look at to get some ideas. I searched the forum and google last night but couldnt find anything I thought I could use.

Should I title it, Defendants Motion for Reconsideration on Motion To Dismiss? Or just Motion to Dismiss? I really dont want to piss off the judge any more than I have too, since it seems that he really didn't read any of my answers, defenses, and MTD the first time I submitted it on 6/1/11.

How do I format the motion with memo of points and authorities, declaration of defendant?

Should I MSJ and list in there somewhere that the Plaintiff has sent a letter of Mutual Dismissal, which I still have not heard anything back from them.

Sorry to take my rant out on you all, and thanks for all of your help.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.