The Motion to Dismiss

In Federal Court, you will need to submit both The Motion to Dismiss and The Motion to Dismiss Memorandum.

The Motion to Dismiss

The Motion to Dismiss Memorandum

The timing of the Motion is crucial, you can file it in lieu of an Answer to the Complaint, but I would recommend you file it after Discovery begins and you have been served with the Interrogatories, Request for Production, Disclosures, and Request for Admissions but before Responses are due and definitely before Discovery ends.

The reason you want to wait is because the longer the case drags on the more expensive it becomes for the Plaintiff to keep pursuing the case and the more likely that they will agree to Dismiss.

You do not however want to wait too long, these troll's attorneys will almost always file a Motion for Summary Judgment once Discovery is over.

A Motion for Summary Judgment is usual filed after Discovery ends and before the trial begins. The Motion for Summary Judgment can be very dangerous for the opposing party because it's asking the Court to find for the moving party on at least one claim. If the Motion is granted, a decision is made on the claims involved without a trial.The Moving party needs to show that there is no genuine issue of material fact and if the judge decides that they have done so, the case is over and the responding party loses the case.

By filing a Motion for Dismissal before Discovery ends and before Responses are due, you preempt the Motion for Summary Judgment, and if you do it correctly, you can get the troll's attorney to back off.