0000033498 00000 n western district of kentucky, at louisville case no. Ruling on a Motion to Dismiss Motion to Dismiss has the meaning ascribed to it in the Recitals. There are no preliminary requirements to filing a motion to dismiss in Kentucky. In criminal cases, the person who is arrested and charged with a crime. In determining whether a complaint should be dismissed, the issue is a matter of law. Grand Communities, Ltd. v. Stepner, 170 S.W.3d 411, 417 (Ky.App. Affidavit. As the trial court utilized the six listed Ward factors as a framework for its analysis, our review necessarily makes references to its findings on the listed Ward factors. When a motion to dismiss is made, trial courts cannot grant the motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim. Case. Although Brian and Amy claim that the trial court did not properly consider the facts of Brian's home incarceration and a medical authorization for Flege to obtain Brian's medical records directly from the medical providers in assessing their personal responsibility for this matter, we note that they do not affirmatively allege that they had no way of obtaining the medical information for the whole period of delay because of Brian's incarceration,24 nor do they address whether despite any medical authorization, access to the medical records might simply be barred because of the age of the records by that point. 43; 44] The motion indicated that a private investigator Action. of Fed.R.Civ.P. Give general information about where to find court procedures, deadlines, rules and practices. 0000072805 00000 n 33. The person or entity who sues or starts a civil case, also called the petitioner or the complainant. Appellants assert that it was difficult for Brian to obtain medical records during his incarceration; they do not say it was impossible. The next day, Dumphord filed two motions seeking, respectively, a 45-day extension of time to serve Geile and the appointment of the U.S. For example, the parties might reach a resolution by agreement through alternative dispute resolution, rather than by a jury trial. The plaintiffs' response provided, in part, that: Plaintiffs' counsel then began working on discovering the rental car documents and verification of which entity held this coverage. And some of these activities may not always be noted in the trial court's record. A finding that someone disobeyed a court order. Later in 2003, Flege filed a notice to schedule a defense medical examination of Brian with a doctor in the Cincinnati area. A person or legal entity that is named as a plaintiff or defendant on legal papers. KY Rules of Civil Procedure permit motion to dismiss et al. While such cases as Ward may have been helpful in identifying some of the relevant factors in determining whether dismissal for lack of prosecution is appropriate in a particular case under the totality of the circumstances, perhaps it is also helpful to consider the policies and purposes behind such dismissals in holistically deciding such cases, rather than simply reciting formulaic lists.
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