Thank you for your response.

I know the court could do whatever it wants, pretty much... but what is likely to happen in this case? The plaintiff had 60 days to do "something" (anything) and they did not. They were supposed to respond at least 5 days before the hearing, and they did not respond until the day before the hearing (which was already more than 60 days from the NLOP) at almost 7:00 PM... What is likely to happen? It seems to me (not a lawyer) that it is obvious they blew it and the judge should dismiss without prejudice. But I don't know how strictly followed things like the instructions in the NLOP usually are... or does it just depend on the judge? his mood? etc?

I know that if the case is dismissed without prejudice, they technically can refile the case. However, I believe it will now be past the Statute of Limitations, that's why I'm hoping for a dismissal.

I would not go to court because I have not been served. If they are given more time to serve me, and I am eventually served... can I bring up the fact that they did not reply to the NLOP in time? Will that get me anywhere?

Thanks

Also who changed the title of my thread? I agree it probably could have been titled better, but the new title is not really the same as what my actual question is.