My attorney got food poisoning and is out of commission for a few days so I'm hoping that I can get a quick answer, or two, here since I'm not the most patient person in the world :-)
Can we file a Motion To Strike a Motion To Dismiss if the Motion To Dismiss is literally packed with lies that we have documentation of. In addition, the defendant is deleting critical online information (I fortunately obtained screen shots of the information prior to the deletion) so I believe that we also have a Motion for Sanctions for Spoliation of Evidence especially since my attorney sent them a formal letter, after being served, ordering them to NOT destroy anything online, or otherwise, that is related to the case. The latter may be an entirely separate matter although the reason they deleted it was to 'cover up' their connection to my state since one of their grounds for the Motion to Dismiss is improper jurisdiction.
Lastly, no I'm not at attorney. This came up last time so I thought I would go ahead and say it :-)
Thanks so much for your help. You guys (and girls) are awesome and have been a tremendous supplement to my counsel.
SouthernGirl
FOLLOW-UP: Just an fyi that the reason I'm questioning if we can file a Motion to Strike a Motion to Dismiss is because I'm not sure if a Motion to Strike can be filed on a non-responsive pleading since, from what I've read, a Motion to Dismiss is non-responsive (although, to me, it seems that it WOULD be responsive since, should the judge grant it, the case has indeed been propelled forward - albeit to the demise of the plaintiff). Bottom line, even if we CANNOT file a Motion to Strike, all of the lies WILL most certainly be addressed in our Response therefore I'm very comfortable that we will prevail one way or the other. The defendant is going to be lucky if they escape this latest motion without being found in contempt and/or perjury charges. That's how bad it is.
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Topic: Motion to Strike a Motion to Dismiss? (Read 821 times)
