Q: I filed a Motion to Compel Arbitration and Dismiss the case. The plantiff didnt respond Can I file to have it dismissed?
I was sued by a law firm representing Discover bank.
A:
Yes, you can file to have the case dismissed if the plaintiff did not respond to your Motion to Compel Arbitration. Generally, if a party does not respond to a motion within the specified time frame, the court may consider it unopposed and grant the motion.
First, check the local court rules or the specific judge’s rules regarding unopposed motions. There may be a requirement to file a separate request for dismissal or submit a proposed order for the judge to sign.
Next, prepare a request or motion for the court to dismiss the case based on the plaintiff's failure to respond. Include all relevant details and attach any necessary documents, such as proof of service of your original motion and the court's rules on response times. This will help ensure the judge has all the information needed to make a decision in your favor.
Tim Akpinar agrees with this answer
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