Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #84

[Kristin Esq.]

So what happens now? Do the P's file an answer? Or does the judge simply rule? Is there an hearing in open court on the motion? What about the requests for production? Do those 30-day clocks keep running? (Stinks if they do IMO)

The Plaintiffs will file an Opposition to the Motion to Dismiss and then there will be a hearing. The Defendants may file a rebuttal, but that isn't always likely.

At the hearing, the judge will hear argument, take it under submission. He/She will then decide if the MTD is granted or dismissed. The MTD can be granted with prejudice - meaning they cannot amend the complaint, or without prejudice - meaning they can amend the complaint.

If the MTD is dismissed, then the Laundries will file an Answer. I'm assuming Discovery is going to be stayed until the MTD is ruled on.

 

[NCWatcher]

The Plaintiffs will file an Opposition to the Motion to Dismiss and then there will be a hearing. The Defendants may file a rebuttal, but that isn't always likely.

At the hearing, the judge will hear argument, take it under submission. He/She will then decide if the MTD is granted to dismissed. The MTD can be granted with prejudice - meaning they cannot amend the complaint, or without prejudice - meaning they can amend the complaint.

If the MTD is dismissed, then the Laundries will file an Answer. I'm assuming Discovery is going to be stayed until the MTD is ruled on.

Thank you so much for the information. It sort of seems unfair for compelled "intrusive" discovery to continue if there's a chance of dismissal. So I hope it is stayed. On the other hand, I guess motions aren't supposed to slow down the overall process to trial, assuming there is one.
Thanks again.

 

[Gemmie]

This is a very well written Motion to Dismiss.

Better written than the P's lawsuit IMO.

 

[Trident]

In my humble opinion, if the L's aren't guilty before the law, they are before the Lord. They were so cruel not to answer the P's inquiries about their daughter.

 

[kkdj]

In my humble opinion, if the L's aren't guilty before the law, they are before the Lord. They were so cruel not to answer the P's inquiries about their daughter.

Doesn't that speak to their assumption of knowledge?
moo
eta - referring to the L's not speaking to the P's

 

[Trident]

Doesn't that speak to their assumption of knowledge?
moo

Picking up the phone or texting back isn't assumption of anything.

 

[kkdj]

Picking up the phone or texting back isn't assumption of anything.

I was referring to their lack of doing anything.
moo

 

[Mike in WNY]

I'm not certain how I'd be able to form a knowledgeable opinion about the alleged lack of response. I don't know what I don't know about the alleged requests/pleas.

I'd be interested to know more about those events... and, similarly, I'd be interested in clarification/details of the so-called "cordial" relationship that is cited. What exactly does that mean in this specific situation with these specific people? Frankly, the fact that such a one-off or out of context claim is being made makes me suspicious.

 

[NCWatcher]

I'm not certain how I'd be able to form a knowledgeable opinion about the alleged lack of response. I don't know what I don't know about the alleged requests/pleas.

I'd be interested to know more about those events... and, similarly, I'd be interested in clarification/details of the so-called "cordial" relationship that is cited. What exactly does that mean in this specific situation with these specific people? Frankly, the fact that such a one-off or out of context claim is being made makes me suspicious.

Good point. I looked back at some articles and didn't find alot. But the letter to the Laundries referenced in tbe Complaint was read at a press conference on Thurs Sept 16. Among other things it said, "You were both at Jim and Nicole's house. You were both so happy that Brian and Gabby got engaged ..." (Sounds like maybe an engagement party of some sort in NY?)

Gabby Petito's mom Nichole Schmidt slams Brian Laundrie's sister over interview | Daily Mail Online

And remember the P's attorney denied Joe Petito had gone to the Laundries' house after it was widely reported there had been an "incident" with JP at the house. But Rick Stafford said "He’s never even been to Brian Laundrie’s house, and he’s never been on the block."

Gabby Petito’s family lawyer casts doubt on ‘incident’ with father at Laundrie’s home

I don't know what was meant by saying a cordial relationship existed. But I think it's probably a safe bet they weren't really friends when the L's lived in NY.

Interestingly, NS did talk about the following in an interview before GP was found. (Daily Mail link above)

"She's also finding it hard to believe the system protects a person like Brian, allowing him a right to remain silent when her daughter is likely in peril.

'The fact that there's a constitution that protects him, it's making me sick because he's home safe while my daughter is probably not safe,' she said.

'The FBI and police is trying, they are doing their job,' she said. 'But I'm thinking long term. There's got to be law changes for situations like this. I will fight to end of earth not only for Gabby but for anyone else that ends up in this situation.

"If somebody is known to be the last person with a missing person, then they shouldn't have a right to not talk. They should lose that right altogether. This can't be allowed."

Of course, she was in an emotional state and not thinking logically. But I wonder if this lawsuit is supposed to be the first step in an attempt to limit a person's Constitutional right to remain silent. I hope not and wouldn't think the P's will be successful if that's the goal. But it could explain the filing of such a weird lawsuit.

Another interesting point from the Daily Mail article (bold added by me): "Petito's family issued a statement Wednesday slamming Laundrie for his refusal to cooperate saying the 'one person that can help find Gabby refuses to help' and urging him to break his silence about what happened. (Wed Sept 15)

So it appears the P's thought at that point Brian may not have shared the info with his parents?
JMO

 

[Satchie]

'The fact that there's a constitution that protects him, it's making me sick because he's home safe while my daughter is probably not safe,' she said.

The Petitos were not to know, but at the time of making these pleas / statements, BL was not at home, he was in the Carleton reserve, and may or may not have been dead.

JMO

 

[NCWatcher]

The Petitos were not to know, but at the time of making these pleas / statements, BL was not at home, he was in the Carleton reserve, and may or may not have been dead.

JMO

True. I think from what we know it's likely BL was dead by then but even if he wasn't, it seems pretty likely the L's weren't in contact with him after he left the house to go to the Reserve. (The piece was published on Sept 17.)

While the letter from the P's to the L's their lawyer read at the press conference on Sept 16 said "We believe you know the location where Brian left Gabby" most of the quotes in the piece focused on Brian's unwillingness to speak to LE, the belief Cassie needed to beg Brian to talk, something she certainly should be willing to do if she really loved Gabby like a sister as she had claimed in her ABC interview, and the recognition that Brian couldn't be legally compelled to speak to LE so NS believed there was a need to change laws protecting the right to silence.

While a reporter puts his/her own stamp on articles he/she writes, the article doesn't suggest NS was especially focused on the effects of the L's behavior. It seems to be a bit of a different perspective than what is suggested in the Complaint written 6 months later.
JMO

 

[Nikynoo]

This is a very well written Motion to Dismiss.

I agree! Did anyone else spot the last sentence of the first paragraph and go hmmmm?

 

[Kristin Esq.]

I agree! Did anyone else spot the last sentence of the first paragraph and go hmmmm?

The dismissal with prejudice? That's a common sentence in these motions.

 

[Nikynoo]

The dismissal with prejudice? That's a common sentence in these motions.

Apologies, I should have been more clear. No - under Background I .

 

[LeeAnnB]

Where are you all seeing the actual Motion for Dismissal? I’ve read through the last few pages a couple times and don’t see it.

 

[tlcya]

This is a very well written Motion to Dismiss.

agreed.

And on another topic, tiktokers and youtubers are STILL 'protesting" outside the Laundrie home. I feel horrible for the Petitos. But at some point everyone needs to go home and move forward. I don't say that to be heartless. But as much as people revile the Laundries, they did nothing illegal by refusing to speak to the Petitos. Morally? Maybe they should have acted differently. Legally? They were within their rights.

 

[Sundog]

Laundrie family's motion to dismiss | PDF | Intentional Infliction Of Emotional Distress | Tort

Bringing over @RANCH's post of the Laundrie family's motion to dismiss, PDF text.

 

[Sundog]

Where are you all seeing the actual Motion for Dismissal? I’ve read through the last few pages a couple times and don’t see it.

I just reposted it from earlier post by @RANCH.

 

[NervousNellie]

agreed.

And on another topic, tiktokers and youtubers are STILL 'protesting" outside the Laundrie home. I feel horrible for the Petitos. But at some point everyone needs to go home and move forward. I don't say that to be heartless. But as much as people revile the Laundries, they did nothing illegal by refusing to speak to the Petitos. Morally? Maybe they should have acted differently. Legally? They were within their rights.

BBM
WOW! That is C-R-A-Z-Y. I am dumbfounded.

 

[RANCH]

I agree! Did anyone else spot the last sentence of the first paragraph and go hmmmm?

This sentence?

Brian Laundrie was found deceased in Florida on October 20, 2021, of suspected suicide.

It mentions a couple of known facts. Why is this sentence important?

Laundrie family's motion to dismiss | PDF | Intentional Infliction Of Emotional Distress | Tort