EDGEMONT - The attorney for one of the young men being sued for the wrongful death of Edgemont college student Lauren Spierer is filing a motion for the case to be dismissed.

The motion set by Michael Beth's attorney claims the Indiana University student's two-year disappearance is not enough to presume that she is dead or even injured.

According to Indiana state law, a person must be missing for seven years before such a declaration can be made.

Spierer was last seen after a night of drinking in 2011. Her parents say the three students who last saw her alive did not do enough to help her and are hiding what they know.