• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

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

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

Darlin

Guest
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!
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top