IN THE DISTRICT COURT OF THE AZALEA ISLES
RESPONSE TO PLAINTIFF'S MOTION TO DISMISS
Your Honor:
Plaintiff has apologized "to the court and the defendant for time wasted" and now seeks dismissal while Defendant's motion to dismiss is pending a ruling. Defendant agrees with Plaintiff that the Plaintiff has wasted the time of the Court and the Defendant in filing this case, but disagrees with any proposed solution here to dismiss without remedy (and, implicitly, without prejudice).
Defendant maintains that Plaintiff's case is without legal merit, as noted in the various reasons given in Defendant’s
motion to dismiss. We are concerned that dismissing the case without prejudice or without relief would leave the Plaintiff's meritless case open to re-filing at a later time, without any compensation for our time spent in motion practice and without any deterrent to Plaintiff's future wasting of Defendant's and this Court's time. Plaintiff cannot be allowed to short-circuit the pending motion and dodge the consequences of Plaintiff’s time-wasting litigation by filing for dismissal one week after Defendant did.
Defendant therefore would pray that the Court dismiss Plaintiff's case with prejudice and the award Defendant legal fees at a rate of $1,000 per week since the summons was issued.