What is the name of your state (only U.S. law)? Colorado
Is there anything I should add?
Is there anything I should remove?
Defendant respectfully requests that the Court Dismiss the Plaintiff’s case without Prejudice for Failure to Prosecute.
AS GROUNDS FOR THIS REQUEST, Defendant states and shows the Court:
1. It has been more than one year since the plaintiff filed this case with the court, on April 21, 2010.
2. The plaintiff failed to comply with the court’s Delay Prevention Order, to file a Response to Show Cause within 30 days why the case should not be dismissed for failure to prosecute, on July 9, 2010.
3. A trial date was set more than sixty days from the date of the issuance of the summons. Trial date was set for November 4, 2010.
4. Six months ago, the plaintiff offered the defendant a unilateral settlement agreement; which was not agreed to by the defendant, on November 4, 2010.
5. There exists no agreement between the plaintiff and the defendant.
6. The plaintiff has neither explained the delays nor shown mitigating circumstances. BA Leasing Corp v. Board of Assessment Appeals, 653 P.2d 80 (Colo. App. 1982); Richardson v. McFee, 687 P2d. 517 (Colo. App. 1984); Cervi v. Town of Greenwood Village, 147 Colo. 190, 362 P.2d 1050 (1961).
7. “If a person starts the law in motion and does not with reasonable promptness pursue all the steps necessary to bring the litigation to an end, he should suffer the penalty of a default and a dismissal of the action.” Rathbun v. Sparks, 162 Colo. 110, 425 P.2d 296 (1967).
8. Therefore, this action should be dismissed without prejudice because of the plaintiff’s failure to diligently prosecute this case.