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Law Educator, Esq. (ONLY) This is on the motion to dismiss…

Law Educator, Esq. (ONLY) This is...
Law Educator, Esq. (ONLY)
This is on the motion to dismiss that the plaintiff does not want the Judge to see. I went to Court on the 14th for the motion but I was very sick. I filed a motion tor continuance at the clerks office that morning because the clerk wanted to see if the case slow office could take it to the Judge before he entered the Court, but it was too late, so I was told to go into the Court and let the Judge mark it off. I was so sick that I could not sit up in Court. The Judge had to stop other people to hear me first. I could not get up for over a week. I was just able to get into the Judicial Website yesterday, I saw that The motion for Continuance was marked off and there was no order from the Judge. I called the Court and I was told that the motion to dismiss was marked off by the Judge. When I asked whether I can reclaim it and if it is the amended motion and the memorandum of law that will go on Calendar if I reclaim it, the Clerk told me that the amended motion has been scheduled for September 18th, which is about 45days that they usually schedule new motion to dismiss, because I filed the amendment August 02, 2017.
I already filed a withdrawal on the motion I mistakenly faxed in as you advised me to, I do not understand why they scheduled the motion to dismiss for the 14th of August and then scheduled amendment to it for September 18th. I am now more confused. What should I do?
( This is the regular woman )
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Answered in 6 minutes by:
8/24/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,939
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you withdrew that motion, then the motion to dismiss it is moot, meaning it would not be needed to be heard. If the amendment is scheduled for the 18th that is what you need to deal with. August 14 is gone and the judge marked it off, so it is done for now.
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Customer reply replied 12 months ago
I do not have to reclaim the one the Judge marked off? That was the one that was amended, because they put it on Calendar separately I was thinking they are seeing them as separate motions.

I wouldn't deal with what the judge marked off. I would just deal with the amended motion.

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Customer reply replied 12 months ago
Okay, thank you. The plaintiff did not come to Court, did not file continuance and did not call anyone. He did that for a whole year last time. If he doesn't come during the next hearing and doesn't file continuance, can I argue that among my issues that the complaint should be dismiss base on that too?

Thank you for your reply.

Yes, if he does not come to court and does not file a continuance, you have actually a legal basis to get the case dismissed for failure to appear and respond.

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Customer reply replied 12 months ago
Even when he is the plaintiff?

Yes, if he is plaintiff and is not pursuing or arguing your motion, you ask for a default judgment in your favor since plaintiff has failed to appear.

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Customer reply replied 12 months ago
I was not sure of that when for a year after his formal attorney died, he did not appear, in Court, he did not respond to motions and did not hire another attorney. The attorney he hired after the death of the first one withdrew his appearance, he got this new attorney January this year. Maybe this one is leaving after seeing the eight solid clear and undeniable evidences I have in the amended motion to dismiss. He was very aggressive at the beginning, when I marked the motion off he would reclaim it and mark it ready. It is surprising for him not to come to Court and not file continuance.
Thank you so much. I will prepare to ask for default if he doesn't come to Court again. Have a great weekend.
(This is the regular woman)

Thank you for your reply.

If he does not show up again, you need to ask the court to issue a default judgment for them failing to appear and pursue the claim. You need to point out the continued delays and failure to appear on not just this one occasion but on multiple occasion.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,939
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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Customer reply replied 12 months ago
Okay, Thank you so much. Enjoy your weekend.

Thank you have a great weekend.

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