Louisiana Sample Letter for Motion to Dismiss for Want of Prosecution

• Category: Letters - Legal - Motions
• State: Multi-State
• Control #: US-0932LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Dear [Judge's Name], I am writing this letter to bring to your attention a motion to dismiss for want of prosecution in the case of [Case Name]. I am representing the defendant [Defendant's Name] in this matter. The purpose of this motion is to request the dismissal of the case due to the lack of prosecution on the part of the plaintiff. Despite the passage of a significant amount of time since the filing of the complaint, the plaintiff has failed to make any significant progress in advancing this case. This lack of prosecution not only violates the Louisiana Rules of Civil Procedure but also denies the defendant their constitutional right to a speedy and fair trial. Under Louisiana law, the plaintiff has an obligation to diligently prosecute the case once it has been filed. However, it is evident from the lack of activity or progress on the part of the plaintiff that they have failed to meet this obligation. The docket reveals no recent filings, hearings, or requests for extensions, demonstrating a clear pattern of inaction. This lack of action has resulted in an unreasonable delay in the resolution of this case, causing unnecessary strain on the defendant. Furthermore, it is worth noting that numerous attempts to contact the plaintiff or their legal representation have been made, yet our efforts have gone unanswered. We have made diligent attempts to engage in settlement discussions or gather relevant information, but the plaintiff has consistently been nonresponsive. As a result, it is clear that the plaintiff has lost interest in pursuing this matter and has abandoned the case. According to Louisiana law, a motion to dismiss for want of prosecution may be granted if the plaintiff fails to diligently prosecute within a reasonable period of time and the defendant suffers prejudice as a result. In this case, the plaintiff's lack of action has clearly caused significant prejudice to the defendant by subjecting them to unnecessary anxiety, financial burden, and prolonged uncertainty. In light of the aforementioned circumstances, we respectfully request that this honorable court grant our motion to dismiss for want of prosecution. The defendant should not be forced to endure further delay or expense due to the plaintiff's lack of commitment to this case. Justice can only be served by dismissing this matter and allowing the defendant to move forward without the unjust burden of an unresolved lawsuit. Thank you for your attention to this matter, and we eagerly await your ruling on this motion to dismiss for want of prosecution. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm]

Dear [Judge's Name], I am writing this letter to bring to your attention a motion to dismiss for want of prosecution in the case of [Case Name]. I am representing the defendant [Defendant's Name] in this matter. The purpose of this motion is to request the dismissal of the case due to the lack of prosecution on the part of the plaintiff. Despite the passage of a significant amount of time since the filing of the complaint, the plaintiff has failed to make any significant progress in advancing this case. This lack of prosecution not only violates the Louisiana Rules of Civil Procedure but also denies the defendant their constitutional right to a speedy and fair trial. Under Louisiana law, the plaintiff has an obligation to diligently prosecute the case once it has been filed. However, it is evident from the lack of activity or progress on the part of the plaintiff that they have failed to meet this obligation. The docket reveals no recent filings, hearings, or requests for extensions, demonstrating a clear pattern of inaction. This lack of action has resulted in an unreasonable delay in the resolution of this case, causing unnecessary strain on the defendant. Furthermore, it is worth noting that numerous attempts to contact the plaintiff or their legal representation have been made, yet our efforts have gone unanswered. We have made diligent attempts to engage in settlement discussions or gather relevant information, but the plaintiff has consistently been nonresponsive. As a result, it is clear that the plaintiff has lost interest in pursuing this matter and has abandoned the case. According to Louisiana law, a motion to dismiss for want of prosecution may be granted if the plaintiff fails to diligently prosecute within a reasonable period of time and the defendant suffers prejudice as a result. In this case, the plaintiff's lack of action has clearly caused significant prejudice to the defendant by subjecting them to unnecessary anxiety, financial burden, and prolonged uncertainty. In light of the aforementioned circumstances, we respectfully request that this honorable court grant our motion to dismiss for want of prosecution. The defendant should not be forced to endure further delay or expense due to the plaintiff's lack of commitment to this case. Justice can only be served by dismissing this matter and allowing the defendant to move forward without the unjust burden of an unresolved lawsuit. Thank you for your attention to this matter, and we eagerly await your ruling on this motion to dismiss for want of prosecution. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm]