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A motion to dismiss is a formal request for a court to dismiss a case. Settlement. Reasons for dismissal vary.A motion to dismiss can be filed at any time. Summary: A Motion to Dismiss is a request to dismiss a court case without further debate or consideration. A motion to dismiss is filed when a party believes that the complaint is legally invalid, which can be based on a variety of grounds. Holding: Granting defendant's motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. A motion to dismiss is filed when the plaintiff believes that the defendant has not stated a claim upon which relief can be granted. COME NOW Defendants Smith Corp. And Jack Smith, who move to dismiss the. A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks.