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Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney (s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, The trial court granted the renewed motions to dismiss, discussing each of the six factors listed in Ward. He alleged that the plaintiffs had failed to file any responsive pleadings in the record in over four years and that all pleadings contained in the trial court's official record were filed by the defendants.4 He also contended that the plaintiffs had deliberately delayed responding to discovery requests, resulting in some medical records becoming unavailable.5 Stating that plaintiffs had done absolutely nothing to advance this case, other than filing the motion to set for trial, Flege argued that [b]ecause of the age of the Defendant [Flege], age of the case, and the potential loss of witnesses, this case should not be allowed to continue., The plaintiffs filed a response to Flege's motion. Counsel then forwarded correspondence to all parties advising them to contact her regarding scheduling a mediation; however, if no response was received, a Motion to Set for Trial would be filed. PDF United States District Court Western District of Kentucky at Louisville VENTERS, J., concurs by separate opinion. PDF Kentucky Board of Licensed Professional Counselors Meeting Minutes Motion to Dismiss - Definition, Examples, Reasons, and Processes Paternity. But under the facts of this case, we do not think it was reversible error for the trial court to consider questionable liability of one defendant as one factor to consider or to infer possible lack of merit from inadequately explained delay. All rights reserved. Accordingly, we find ourselves hesitant to affirm or reverse the trial court because the record is unclear as to whether the Ward factors were properly considered or even considered at all. Instead, the Court of Appeals found the summary judgment had been improperly granted as a sanction for discovery delays: the case at hand was not one where the dismissed party had no expert but was prevented from using the expert's testimony as a sanctioning technique for the dilatory conduct of the Wards' counsel. The guided interview tool, A2J Guided Interviews, uses the answers to complete the needed legal form. Legal custody to both parents is called joint or shared. I write separately to make an additional point. CR 77.02(2) states: At least once each year trial courts shall review all pending actions on their dockets. You can find contact information for all 120 Offices of Circuit Court Clerk by scrolling down to Find a Court/Circuit Court Clerk by County. They claimed that any delay in obtaining medical records was unintentional and, apparently, due to health care providers' lack of cooperation. Testimony, documents or objects presented at a trial to prove a fact. Opinion of the Court by Chief Justice MINTON. Brian and Amy allegedly suffered serious injuries in the accident. 166 0 obj <>stream Similar to a complaint. hl KY. Trial is (tentatively) set November 19, 2018. endstream endobj startxref PDF Motion to Dismiss-Accepted (Reduce) - horselaw.com