Motion To Dismiss For Failure To Prosecute

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Old Jul 20th, 2013, 10:32 PM   #1
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Default Motion To Dismiss For Failure To Prosecute

What F.R.C.P.(Federal Rule of Civil Procedure) allows a plaintiff to respond to a Motion To Dismiss For Failure To Prosecute?

Or, file a motion opposing a motion to dismiss for failure to prosecute.
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Old Jul 20th, 2013, 10:43 PM   #2
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Default Re: Motion To Dismiss For Failure To Prosecute

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Originally Posted by dancerodie View Post
What F.R.C.P.(Federal Rule of Civil Procedure) allows a plaintiff to respond to a Motion To Dismiss For Failure To Prosecute?

Or, file a motion opposing a motion to dismiss for failure to prosecute.
That appears to fall under Rule 41(b):
Quote:
(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits. (emphasis added)
Note: Google is your friend. I found this pretty easily with a simple Google inquiry.
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Old Jul 21st, 2013, 02:24 PM   #3
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Default Re: Motion To Dismiss For Failure To Prosecute

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Originally Posted by dancerodie View Post
What F.R.C.P.(Federal Rule of Civil Procedure) allows a plaintiff to respond to a Motion To Dismiss For Failure To Prosecute?

Or, file a motion opposing a motion to dismiss for failure to prosecute.
A plaintiff may file a response to notice of dismissal for failure to prosecute showing good cause or excusable neglect. These are usually couched as "Show Cause Why the Case Should Not Be Dismissed for Failure to Prosecute," usually brought by the court. When one is faced with a "Show Cause" motion, of course they are allowed to respond.

More often than not the plaintiff's lawyer will whip into action to keep the case alive. Even after dismissal for failure to prosecute cases can be reopened and pursued by the plaintiff.
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Old Jul 23rd, 2013, 05:21 PM   #4
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Default Re: Motion To Dismiss For Failure To Prosecute

Thank You, this was such a big help!
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Old Jul 24th, 2013, 03:45 AM   #5
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Default Re: Motion To Dismiss For Failure To Prosecute

Draft a pleading in opposition to the motion to dismiss. By drafting a pleading, the party is showing the court he intends to continue participating in this case and wishes to continue. The motion opposing a motion to dismiss for failure to prosecute should set forth facts shedding a positive light on the party's abilities and intention to pursue the original claim.
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