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motion to discontinue with multiple plaintiffs

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Junior Member

A civil suit has beel filed by 4 people (4 plainitiffs listed in caption, body of complaint and signed/verified by 4 individuals). During the pre-trial matters, one of the 4 plaintiffs decided not to continue with the suit and filed a motion to discontinue.

Now the court claims that the matter has been marked discontinued, and therefore no longer exists. However the other 3 plaintiffs never discontinued anything. Is this a court's mistake and if it is, what can be done by remaining parties to re-open the case.

Thank you.


Senior Member
Go read the clerk's file. The party that filed the motion to dismiss should be the only party that is dismissed. The claims made by the other three (3) against you, are still in effect.

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