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Topic: Answer as well ad motion to dismiss & Object to motion to dismiss

Created on: 05/06/14 10:38 PM

Replies: 1

YUNGFONG1


Joined: 12/28/13

Posts: 17

Answer Dismiss & Object to Dismiss
05/06/14 10:38 PM

I filed a complaint written by an attorney with nine counts. There is no demand for a specific amount of money in my complaint. However, I did specify the amount of money on the cover sheet. I have received the defendant's answer and counterclaim to my complaint. I am in the process of answering the defendant's counterclaim and have not filed my answer yet. A few days after defendant's answer and counterclaim, I also received the defendant's motion to dismiss, even though I have not filed my answer yet. Please help me on the following questions:

1. Based on my understanding of the course, the defendant's motion to dismiss should have been filed before the defendant's answer and counterclaim. Do I need to object to the motion to dismiss?

2. For the defendant's motion to dismiss, they moved to dismiss “this action for want of the jurisdictional/procedural amount pursuant to Massachusetts General Laws, Chapter 212, Sections 3A(a) and 3A(b) as the Palintiffs’ Statement of Damages fails to specify the facts on which the Plaintiffs rely to determine their money damages.”
Please advice me what I should do or write if I need to object to the motion to dismiss.

Thanks,
Henry in MA
* Last updated by: YUNGFONG1 on 5/7/2014 @ 6:37 AM *

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CHRIS4


Joined: 11/08/13

Posts: 58

RE: Answer as well ad motion to dismiss & Object to motion to dismiss
05/07/14 8:31 AM

Without know specifics, I would review your complaint with your attorney.

What do you want? equity, money damages or performance?

If you seek money then state it in your counts.

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