Name one case where the judge granted a motion to dismiss without the plaintiff having a chance to respond first.
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http://nativeborncitizen.wordpress.com/2009/08/15/hamblin-v-obamamccain-dismissed-with-prejudice/
http://drorly.blogspot.com/2009/01/obama-suit-dismissed-as-moot-scotus.html
http://www.therightsideoflife.com/?p=5936
http://www.oilforimmigration.org/facts/?p=896
In other words, most of the dismissals that you’ve been cheering like a chinslurp.
Those cases weren’t dismissed based on a motion to dismiss. They were dismissed before the defendants even entered an appearance (or were served).
Here, defendants entered an appearance and were served, and filed motion to dismiss. Plaintiffs must have a chance to respond. And, today’s Court order gives plaintiffs until Sept. 28 to respond.