Sentences with phrase «because filing a motion»

Because filing a motion to compel is hard work.

Not exact matches

The company will file a motion for the liquidation in bankruptcy court, according to the person, who asked not to be identified because the announcement isn't yet public.

In rendering her decision, District Judge Barbara M.G. Lynn stated that the Coalition's motion should be granted because its proposed brief «provides a unique perspective» as the only filing party «representative of financial professionals in the United States already operating under a fiduciary standard.»

Earlier this week, Uber's lawyers filed a motion that appeared to buttress that request, noting that back in the fall Waymo had sought arbitration with Levandowski because he had used confidential company salary information as leverage to poach employees.

Last month, Weinstein filed a motion requesting access to the files because their contents will allow him to «exonerate himself,» he told the court.

U.S. District Judge Barbara M.G. Lynn stated the Coalition's motion should be granted because its proposed brief «provides a unique perspective» as the only filing party «representative of financial professionals in the United States already operating under a fiduciary standard.»

In a separate action, Venditto was granted a delay by U.S. District Judge Joan Azrack in filing his pretrial motions in the case this week because he said he is also simultaneously preparing reply papers in a civil action being considered by the Securities and Exchange Commission involving Oyster Bay's finances in its dealings with Singh.

Arguing a motion he filed to challenge the court's summons, the lawyer said he would not be able to testify in the matter because of the existing relationship between his chambers and the third defendant in the case (Slok Nigeria Limited).

The U.S. Justice Department announced it filed a motion to join a lawsuit against the New York City Board of Elections, alleging that the board's Brooklyn office violated federal voter registration law by erasing more than 117,000 Brooklyn voters from the rolls before the primary election simply because they had not voted in previous elections.

The motion, filed by Vincent Messina, who argued that he should not be required to testify before the grand jury because it would violate attorney - client privilege and force him to disclose «secrets,» was rejected in court today.

«We have started the motion of talking to our lawyers to get the processes of filing for contempt because our relief was to have the EC not to accept any filing fee and since they have accepted our filing fee, they are in contempt of the injunction,» Mr Brew Hammond told Citi News.

According to a report in the USA Today, which cited a dismissal motion filed last week, Navient argued that the lawsuit launched by the consumer watchdog should be tossed out because the CFPB «invents new rules from whole cloth and claims that Navient failed to comply with them in the past.»

Finally, you know that PETA has filed various motions to have the case dismissed by arguing that the dog was worthless, she had no value beyond the cost of replacement for another dog, they had permission by the property owner to remove community cats so they can not be guilty of trespass for entering and killing a dog, the family is not entitled to punitive damages because PETA's theft and immediate killing of a happy, healthy, beloved dog is not «outrageous» conduct, and in an argument with racist overtones, that the family may not be in the country legally so PETA should be allowed to get away with the theft and murder of their dog.

It did not find that the appeal was moot because the trial court ruled on the motion to dismiss after the filing of the amended complaint.

In an order filed 13 February, US District Judge Consuelo Marshall in Los Angeles granted a motion brought by defendants Tate & Lyle and Ingredion to have Squire Patton Boggs removed from representing the Sugar Association, because of legacy Patton Boggs» longstanding relationship with both companies.

A motion filed jointly on Friday by the Barreau du Québec and the Montreal Bar, asking the Superior Court of Quebec to issue a declaratory judgment that all of the province's laws, regulations and decrees are illegal because they were drafted and adopted in French only, has stunned politicians, lawyers and legal pundits the province.

Attorneys John Bergendahl and Bruce Zimet, whose clients were convicted of defrauding the US and financial institutions in a federal mortgage scheme that ran more than five years, filed the retrial motion partly because a number of prospective jurors were allegedly turned back from the federal courthouse in Orlando, Florida by the guards, who are U.S. marshals, for failing to meet the standards of that court's juror dress code.

Con Edison filed a motion for summary judgment, arguing that Con Edison was not liable for the explosion because it was caused by the ignition of gas leaking from a cracked flex hose connected to the stove in the Al Ghaithi family's apartment.

The plaintiff's expert's evidence was criticized because: 1) he didn't review the entire file, just what the plaintiff provided to him; 2) his opinion was formed with the benefit of hindsight; 3) he gave evidence as to causation of the plaintiff's loss, based on what the motions judge might have done had H proceeded differently, which is impermissible.

In just a year with the firm, she filed more than 500 cases, some in the wrong venue, and had 47 dismissed purely because of her failure to respond to discovery motions.

Determined to do something about it, he filed a «Motion for Disclosure of Chamber of Papers,» demanding U.S. District Court Judge Patrick Schiltz's bench memo because he «suspect [ed] he was the victim of a law clerk usurping the function of an Article III judge.»

Because it seems so evident that this judge is unwilling to follow the rules and has a hostility against you to the point of threatening to hold you in contempt simply because you are asking her to follow the rules on your motions, you have the right to file a complaint against this judge with the state supreme court judicial commBecause it seems so evident that this judge is unwilling to follow the rules and has a hostility against you to the point of threatening to hold you in contempt simply because you are asking her to follow the rules on your motions, you have the right to file a complaint against this judge with the state supreme court judicial commbecause you are asking her to follow the rules on your motions, you have the right to file a complaint against this judge with the state supreme court judicial commission.

There appears to be some risk by the defendant in filing a motion to dismiss because if the court denies a motion to dismiss, the defendant may also be liable for the plaintiff's attorney's fees.

But two letters filed by Apple and Ericsson in the Northern District of California last night are worth taking a look because the underlying legal question is of the utmost importance — even more important than their Alice motion process.

The defendant moved to dismiss the case, and the court granted the motion to dismiss as to the wrongful death claims because the court said they were filed too late.

(Georgia filed only a partial motion for summary judgment because the most recent version of the code has yet to be registered.)

(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the parenting time rights not receive a copy of any notice of relocation.

Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.

Dish Network filed a motion to dismiss at the trial court level, arguing that because medical marijuana use is not a «lawful» activity under federal law, it is not a «lawful» activity under Colorado's Lawful Activities Statute.

Because more claims are already in litigation when reported to LAWPRO (this is especially true for claims arising from real estate and litigation practice), our defence costs are being driven up.Cases need to be assessed, facts gathered, a strategy set, pre-trial pleadings and motions filed — and all of it quickly to contain costs if possible.

70 Because we drew briefs from Westlaw's database rather than directly from state and federal court dockets across the country, our sample is a convenience sample, and we make no claim that the sample represents each federal and state trial court in proportion to the number of summary judgment motions actually filed.

6 The Editorial Board was excited about this article because not only does it include visuals to support the text, but Steve and Ruth Anne partnered with a second - year student from Lewis and Clark Law School to create visuals that might have been used in a motion filed in a case involving the Dallas Mavericks basketball team.7

Because attorneys file summary judgment motions in state and in federal courts, we also test whether there is a differential impact of readability on judges» decisions in these two sets of courts.

I also found it fascinating that the COA panel upheld the family court judge's right not to conduct a Rule 59 hearing at least, in part, because of the thoroughness of the Rule 59 motion filed by the husband's attorney:

The attorney filed a motion to dismiss, arguing that because the plaintiffs were never her clients they couldn't sue her.

Yet we still send clerks, process servers and articling students to the court house to sit in line for hours on end to issue our Statements of Claim and file our motion records, because there is no other alternative.

Plaintiff argued in response that defendant should have filed a 2 - 1401 petition because no motion to vacate had been filed within 30 days.

In summary: no stay because no Alice motion (because the defendants followed the court's rules and filed a letter asking permission instead of a formal motion) but now there's going to be an Alice motion but no stay.

This seems practically Kafkaesque: the parties don't get a stay because they haven't filed a motion that the court itself prevented them from filing.

If you do not wait that long before remarriage, and your ex-spouse files motions with the court or appeals the divorce case, you are still considered married because your divorce isn't final.

Don't sign the motion until you get ready to file it in with the clerk of court because it has to be notarized.

Alternatively, you can file a motion to ask the court to dismiss her petition because she has failed to prosecute her case by moving forward with the proceedings.

If you feel you were railroaded into the agreement because your spouse had an attorney and you didn't, or if your spouse lied about something that influenced your decision, you can file a motion with the court for «relief from judgment.»

(1) If a supplemental petition or a motion for modification of time - sharing and parental responsibility is filed because a parent is activated, deployed, or temporarily assigned to military service and the parent's ability to comply with time - sharing is materially affected as a result, the court may not issue an order or modify or amend a previous judgment or order that changes time - sharing as it existed on the date the parent was activated, deployed, or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend time - sharing if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child.

Further, as respecting possible modification, because of past issues of the defendant failing to comply with orders of the court; providing token compliance with orders of the court while ignoring the spirit and intent of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern of contemptuous conduct; the expenses and financial waste caused by the defendant; the substantial financial drain on the resources of the plaintiff and the guardian ad litem caused by the defendant; the pattern of parental alienation; prior false reports of abuse and / or neglect to governmental entities; and the need for repose on the part of the minor child, it is anticipated that in addition to satisfaction of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal custody arrangements, except in the case of the plaintiff's total and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).

If the custodial parent refuses to let you see your child because you are not paying child support, you can file a motion to enforce the access and possession portion of your order.

The bank gave the tenant a notice of only three days, but it withdrew its eviction notice (unlawful detainer lawsuit) after the tenant filed a motion to dismiss the action in state court because of the alleged PTFA notice violation.

It took a hair longer than expected because the ex-tenant tried filing a motion part way through the collection process to stop the wage garnishment order I had obtained.

The Brokerage filed a motion to dismiss the Salesperson's lawsuit, arguing that the Brokerage was not subject to Title VII because it did not have 15 employees and also the Salesperson was an independent contractor, not an employee.

However, in a later motion filed by the Buyers seeking attorneys» fees pursuant to the act, the court declined to award the Buyers these fees under the act because the Buyers had failed to submit sufficient evidence to the court to allow to make an award.