Fill and Sign the Defendant Dismiss Form

IN THE ___________ COURT OF ______________ (County) , ________________ (State) _____________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _____,_____ _____________________ DEFENDANT (Name of Defendant) Motion by Defendant to Dismiss with Prejudice for Failure to Prosecute Comes now ____________________ (Name of Defendant) , Defendant, in the above-captioned cause, who, by and through his attorney moves the Court, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure (or appropriate State Rule of Civil Procedure) ___________________, to dismiss the above-entitled action, with prejudice to the Plaintiff _________________ (Name of Plaintiff) , and with costs to ____________ (Plaintiff or Defendant) , on the grounds that the action was filed on ________________ (date) , and Plaintiff has failed to properly and diligently prosecute the action, in that (description of circumstances showing Plaintiff's lack of due diligence) ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ ; Wherefore, Defendant respectfully moves the Court to dismiss the above- entitled action, with prejudice to the Plaintiff. Respectfully submitted, _________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, ___________________ (Name of Attorney) , attorney for Defendant ________________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Plaintiff: ____________________ (Name of Attorney) ______________________________ (Post Office Box No. or Street Address) __________________________________ (City, State, Zip Code) This the ____ day of _________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ________________________ (Name of Attorney) ______________________________ (Post Office Box or Street Address) ______________________________ (City, State, Zip Code) Telephone: ________________ Notice of Motion to Dismiss with Prejudice for Failure to Prosecute You are notified that on ___________________ ( date) , at _________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ______ of the ____________Court for _____________ County, ______________ (State) , at the ______________ (County) Courthouse at _________________________ _______________________________________________ (street address, city, county, state, zip code) , Defendant ___________________ (Name of Defendant) , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) ____________________________ (Post Office Box or Street Address) ____________________________ (City, State, Zip Code) Telephone: _______________