I am involved in a civil lawsuit for credit card debt. I am working with a debt resolution company to settle all debt but this plaintiff will not work with us. We have offered a 40% settlement. I answered the summons and file for discovery on the plaintiff who requested more time (60 days). The judge only granted 2 weeks. The plaintiff filed answer to discovery and has until 10/7/11 to file summary motion. If plaintiff fails to meet that date, can I file a motion to dismiss due to noncompliance with court order?