Handy Manny filed a complaint against Bob the Builder alleging Bob was negligent when he repaired Manny's roof causing damage to Manny's business. Bob's attorney has not yet filed an answer to the complaint. Bob does not want to go trial so he directs his lawyer to file a motion that can end the litigation. Bob, however, does not know whether a motion to dismiss or a motion for summary judgment is the proper motion to file. Additionally, Bob is mad and thinks that Manny is trying damage Bob's reputation so Manny can take some of Bob's repair business. Bob wants to bring these allegations to court.

Part 1:Is this a civil or criminal case?

Part 2:At this stage of the litigation, are the parties allowed to ask for depositions or documents from the other party?

Part 3:Considering the stage of litigation of this case, identify which motion Bob's attorney will file and explain your answer. In your answer, be sure to explain why you chose the motion as opposed to other options.

Part 4:What is the pleading (not the legal theory) that Bob can use to address his belief that Manny is trying to steal his business. (Hint: Be sure to remember the stage of litigation of this dispute when answering).