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

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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 13 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.


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