Judge gave me a dismissal w/o prejudice due to the fact that the plantiff had not submitted paperwork properly. Since then the plantiff has found that it was a clerical error by the court. They have asked for a motion to set aside and for a default judgement since I had not responded to discovery. The day the judge ruled we were scheduled for a bench trail. The plantiff was not prepared to proceed with the case so the judge dismissed the case. Do I need to respond to the motion to set aside and if so what do I need to say? I did not get the discovery document in time for me to respond by mail so I brought them to court, but since the judge dismissed the case I figured I should keep my mouth shut.

