I wish to present a "hypothetical" foreclosure case. I am not seeking legal advice.
A plaintiff bank files a motion for summary judgement and also moves to dismiss defendants counter claims. The defendants are still seeking evidence through discovery. Defendants believe plaintiffs motion is weak and can be easily defeated. Defendants also believe this is an opportunity to present their evidence which might be enough to prevail on summary judgement against plaintiff. QUESTION(s): Should defendants file a motion for summary judgement in response to plantiffs motion? Defendants want to move court to deny plaintiffs motion as discovery is not complete, but also need to present evidence to prove their counter claims, and defeat plaintiffs motion to dismiss. I am thinking defendants should file summary judgement against plaintiffs, presenting evidence for their counter claims, moving the court to dismiss plaintiffs complaint. Maybe a paragraph such as "in the alternative if summary judgement is denied, move the court to allow additional discovery"?