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Despite its recommendation that it would be well for trial courts to consider the factors listed in Scarborough in determining whether to grant motions to dismiss for lack of prosecution under CR 41.02, the Court of Appeals in Ward did not reverse the dismissal because of the lack of discussion of each of these factors. A. There is no right to an attorney in most civil matters. In sum, given all the relevant factors in this case, we discern no abuse of discretion in the trial court's granting the defendants' motions to dismiss for lack of prosecution. This website is for informational purposes only and does not provide legal advice on any subject matter. Whether Attorney's Conduct Willful and In Bad Faith. 0000024355 00000 n Usually do not include attorneys fees. 0000005641 00000 n 2022 Kentucky Court of Justice. In their response, they alleged they had been cooperating with the Defendants and had not failed to answer discovery or respond to requests for the same. They stated their counsel had been diligently trying to secure requested information and argued no motion to compel had been filed for lack of cooperation; rather, the Motion to Compel filed concerned whether the defense medical exam would occur in Cincinnati or New York. Answer. G.Dismissal in Ward Overturned for Failure to Assess All Relevant Factors, Not for Lack of Explicit Discussion of Each Factor Listed in Scarborough. PROCEDURAL HISTORY On October 25, 2018, Edward Hirst filed a verified complaint in the United States District Court for the Western District of Rule 15.03 - Relation back of amendments. CR 12.02(f) provides that the failure to state a claim upon which relief can be granted is a sufficient ground for dismissal of a claim. In a lawsuit, the harm caused to the one who is injured. In determining whether a complaint should be dismissed, the issue is a matter of law. Grand Communities, Ltd. v. Stepner, 170 S.W.3d 411, 417 (Ky.App. Kentucky Summary Judgment & Related Termination Motions Vol. The proper use and handling of these legal forms is important. A meeting of the Kentucky Board of Licensed Professional Counselors was held via teleconference on January 20, 2023 .