My apologies for the wait.
"if the judge denies the sanctions I guess my next move would be to dismiss
Can you comment on this strategy?"
I am a little confused why you are filing a Motion for Sanctions. You have already filed a lawsuit. The matter of the contractor/sub-contractor failing to accomodate under the law is the basis of the suit, is it not, or at least one of the issues? If so, then the Court will hear this matter at trial
. A motion for sanctions is filed if a party is doing something wrong during the suit such as improper filings, questionable tactics, or lying in responses, etc. In other words, you cannot file a motion for sanctions to "punish" the other party for the cause of action you are pursuing. This matter will be heard at trial.
As for the motion to dismiss
, I am not even sure why you are doing this, or thinking about doing so. A motion to dismiss asks the Court to dismiss
the case all-together.
So either you are a little off-base, or, I am misunderstanding you. Please let me know.
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