Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
59. Which option best achieves the woman's goal?
The woman has decided that she is not ready to proceed with the action. She would like to dismiss the action, with the intent to refile at a later date.
A woman brought a federal diversity action against a doctor and a hospital for medical malpractice. After both defendants answered, the doctor filed a motion for summary judgment, attaching numerous exhibits that contradicted the facts alleged in the complaint.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
B is incorrect. Under FRCP 41(a)(1), a plaintiff may file a notice of dismissal without having to seek permission from the court. However, filing such a dismissal is available only until the defendant answers or moves for summary judgment. Here, both the defendants have answered, making it too late to dismiss the action simply by giving notice.
C is incorrect. To dismiss an action voluntarily on stipulation, all parties who have appeared in the action must agree to the dismissal. Since the doctor and the hospital have both answered the complaint, the doctor's signature alone is insufficient to effect dismissal.
D is incorrect. Submitting an affidavit that she cannot yet present facts essential to her claims would achieve a delay of the court's consideration. A summary judgment motion would allow the woman further discovery. However, submitting the described affidavit would not achieve the woman's goal of allowing her to dismiss and refile the action at a later date.