How long can a plaintiff wait before filing a motion to vacate?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How long can a plaintiff wait before filing a motion to vacate?

I have received 2 dismissals so far. Plaintiff has produced nothing. This is ridiculous. How can I make this go away for good?

Asked on January 3, 2011 under Bankruptcy Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a bit confused.  Plaintiff has filed the same suit twice?  When you had it dismissed it was not dismissed with prejudice? When you ask how long plaintiff has to wait to file a motion to vacate, vacate what?  The dismissal?  If it has not been dismissed with prejudice it appears that he is constantly refiling.  Is that because your motions to dismiss have been based on technical issues rather than on the merits of the case?  If they were based on the merits of the case or if they were based on prior orders that required some action by the plaintiff or dismissal then the plaintiff would be estopped from filing again.  Can you make a motion for summary judgement based on the merits?  Something to end this once and for all.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption