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Procedure on filing a Motion to Dismiss Without Prejudice, please help.

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Help -- What's the procedure on filing a Motion to Dismiss Without Prejudice?

My main question is: Is it appropriate for me to file a "motion to dismiss" AFTER my adversary has already a "motion to dismiss"?

Here's a little background: I filed & served a complaint (in proper person) on my employer.
Their atty. filed a "motion to quash service and/or dismiss complaint pursuant to FRCP 12(b)(5) or, alternatively, motion to dismiss pursuant to FRCP 12(b)(6)."
Improper service: The complaint was served on the President and they state it should have been served on the Chairman of the Board instead.
No claim: They state that my 4th cause of action is no good cause I didn't file an age discrimination complaint with the EEOC and I don't state a claim.
The time allowed to file & serve has run out.
Now I want to file a "motion to dismiss without prejudice," so I can re-file (and HOPEFULLY this time find an attorney to handle this).

Is it okay for me to file a "motion to dismiss" AFTER they've already filed their "motion to dismiss"? And, Is their motion(s) considered an "answer" to my complaint?

I filed in State Dist. Court & two days ago they filed a motion to have it removed to the U.S. Dist. Court.
Yesterday, they filed their motion(s) to dismiss.
I don't know if the motion was granted yet or not.
If it's appropriate for me to file a "motion to dismiss without prejudice," when I file my motion, where do I file it? In State Dist Court where I originally filed the complaint, or in U.S. Dist. Court where they moved to have it removed to?

Also, if I file the motion to dismiss without prejudice, how much time do I have to find an attorney so I may have it re-filed in a timely manner? (one year??)

Thank you so very much!

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