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Can You Get a Dismissal if the Plaintiff Doesn't Respond to Discovery

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  • 02-16-2013, 02:32 PM
    meditech
    Can You Get a Dismissal if the Plaintiff Doesn't Respond to Discovery
    My question involves a mortgage in the state of: Florida

    Hello, and thanks for considering my question!

    I filed a 'Motion To Dismiss' in Volusia County, Florida, in January 2013. Since then, I have heard nothing back from the Court.

    I filed a Fl.R. of C.P. Rule 1.350 which requires that the Plaintiff respond to my written request to examine and make copies of papers and things in their possession . They have NOT answered, nor did they come to the scheduled meeting to examine the papers

    Per RULE 1.380 FAILURE TO MAKE DISCOVERY; SANCTIONS, (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection, (3) to serve a written response to a request for inspection submitted under rule 1.350 after proper service of the request, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Subdivision (b)(2) (C) states: An order striking out pleadings or parts of them or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part of it, or rendering a judgment by default against the disobedient party.

    How I get the Court to issue "An order ... dismissing the action or proceeding" ?

    What do I submit to the Court? A Second Motion To Dismiss based on Rule 1.380 (b)(2)(C)? Just another Motion To Dismiss? Or some other Motion?

    Also, new evidence has come up since I filed my Motion To Dismiss. How do I get that to the Court's attention? What do I file?

    Thanks in advance for your attention to this matter!
  • 02-16-2013, 04:08 PM
    Disagreeable
    Re: Can I File a Second Motion to Dismiss
    So how did the court rule on your first motion?
  • 02-18-2013, 06:23 PM
    Mr. Knowitall
    Re: Can You Get a Dismissal if the Plaintiff Doesn't Respond to Discovery
    Quote:

    Quoting meditech
    View Post
    I filed a 'Motion To Dismiss' in Volusia County, Florida, in January 2013. Since then, I have heard nothing back from the Court.

    Did you get a hearing date, file any required praecipe and notice of hearing, and proof of service on the other party?
    Quote:

    Quoting meditech
    I filed a Fl.R. of C.P. Rule 1.350 which requires that the Plaintiff respond to my written request to examine and make copies of papers and things in their possession . They have NOT answered, nor did they come to the scheduled meeting to examine the papers

    I'm not in a position to comment on whether your discovery was in proper form or was properly served. I'll assume that it was for the sake of this question, but if not that could explain why the other side feels free to ignore it.
    Quote:

    Quoting meditech
    How I get the Court to issue "An order ... dismissing the action or proceeding" ?

    You start by filing a motion to compel. You should not expect that the court is going to order any more significant sanction without your first attempting to compel discovery.
    Quote:

    Quoting meditech
    Also, new evidence has come up since I filed my Motion To Dismiss. How do I get that to the Court's attention? What do I file?

    That will depend on the facts. If you did not properly file, serve and/or notice your prior motion, you may want to consider dismissing it and filing a new motion including the new information, this time properly filing, serving and/or noticing the motion for hearing.
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