The defendant requested the dismissal of the plaintiff's action under Rule 2.1.01 of the Rules of Civil Procedure.
The court noted that an identical claim against the defendant had already been dismissed by another judge for failure to comply with a court order.
Finding that re-litigating the same issues constitutes an abuse of process, the court directed the registrar to issue a notice to the plaintiff that it is considering dismissing the action, and stayed the proceeding pending the outcome of the written hearing.
