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received "dissmisal without prejudice"

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is there any way to move for dismissal with prejudice? their lawyers filed suit well over six months ago. i answered and they did nothing to progress their claim. magistrate sent all parties a letter 6 weeks ago giving them 17 days to produce a plan of action.

last week- well after the 17 days- the lawyer sent notice to all parties requesting to keep the case open. magistrate said no because they had not proven their case, nor did they have any plan of action, and they took way too long to do anything about it.

the lawyers and i have been exchanging letters for about 15 months now. i have a feeling their bill is starting to rack up, well beyond the 5K they are seeking.

if i understand this right, they will have to refile- which will add more to their costs. i also elected arb, and we wrote back and forth about it. i think that scared them.. but they keep trying to bluff.

am wondering if there is anyway i can motion to the magistrate to dismiss with prejudice? or is that way too difficult or naive to do? i think these lawyers are dragging their feet and i want to be proactive in trying to get this thrown out for good.


Sorry, Admin. I just realized that I did not use proper punctuation in my above post.

Considered complaining to the state bar?

Filing a MTD w/prejudice is risky, since you've already elected arb. By electing arb, you are saying the court has no jurisdiction over the case. By asking for a MTD w/prejudice, you are asking the court to have jurisdiction. Which is it?

If it were me, I would file a MTC arb with the court. That will force the judge to act in the only way they are allowed to act in a case involving arb.

Who is the OC?

Look for something in your jurisdiction close to "Dismissal for Lack of Prosecution".

OC is Citibank.

The arb thing is a two way street. I elected well before they filed suit. But that didn't stop them. The lawyers are out-of-state, but have licenses to practice in-state.

We have never set foot in a court room or appeared before a judge. It's all been paperwork to this point.

I will look for the lack of prosecution in my jurisdiction.

Your insight is greatly appreciated.


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