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Both Federal Rule of Civil Procedure 41(a) and its corresponding Illinois statute provide a ?two strikes? rule: a plaintiff may dismiss an action once without prejudice, but refiling and dismissing again serves as an adjudication on the merits that bars plaintiff from filing any future action based on the same claim.
In almost all jurisdictions, an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
ILLLINOIS CODE OF CIVIL PROCEDURE SECTION 2-619(A). Illinois Code of Civil Procedure 2-619 governs the involuntary dismissal of an action by the motion of a defendant (or other party against whom a claim is asserted) based upon specified defects or defenses.
?After the complaint has been filed, the defendant can either file an Answer, which admits or denies the allegations of the plaintiff and raises any affirmative defenses that would defeat the plaintiff claims; or, the defendant can file a Motion to Dismiss, which states that there is either a defect in the Complaint or ...
If the motion to dismiss is convincing, you might have to present your own affidavits and documents to prove that the allegations did occur as you have described, or at least there is a question about the facts of the case as to whether or not what you have alleged actually happened.
You have only 14 days to respond to a motion. If you have not already filed an amended complaint, and you think you can fix the problems the Defendant identified in the Motion to Dismiss, you may be able to file an Amended Complaint instead of an Opposition.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had ?contact? with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
If the non-moving party elects to decline this opportunity to amend, and instead chooses to litigate the motion to dismiss, then the non-moving party (unless ordered otherwise by this Court) shall file its response within 28 days of the filing of the motion, and the moving party shall file its reply within 14 days of ...