Does Maryland Rule 2-507(b) apply to the following case?
1. Plaintiff filed a case in April 2014
2. Plaintiff failed to effect the service (sent to prior address of defendant, presuming it was served) and proceeded to trial.
3. Defendant discovered pending case via MD Case Search online, filed a timely motion to strike service on July 01 (trial date).
4. Plaintiff was served during trial (on July 01) with defendant motion to strike service.
5. Court granted the motion, service was stricken on 07/19/2014
6. Plaintiff was sent notice of outcome (service stricken) on 7/19/2014.
7. Additional notice of cancelled trial was sent to DEF and ATP on 08/08/2014.
8. On 11/11/2014 ATP (attorney for plaintiff) filed Summons Renewal
9. Notice of trial was mailed on 11/13/2014
Yes you can file to dismiss, and it will be denied. This is not what the rule is for or what it says. This is when there is inactivity for a period of time and there is a notice of CONTEMPLATED dismissal sent, and as you might see that can be deferred upon request. Judges do not dismiss for this, they reissue the summons
The details provided in your question suggest this is a district court case, not a circuit court case. If you are in the district court Rule 2-507 (b) is inapplicable, instead see 3-507 (b) which sets forth a different time line.
You cannot. You achieved your delay. Now once you are served the case will go forward.
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