Sentences with phrase «dismisses a motion for»

A Federal High Court sitting in Abuja, on Thursday, dismissed a motion for joinder brought by some members of the Enugu State chapter of the Peoples...

The appeal tribunal, chaired by Christopher Bredt with Robert Armstrong, Janet Leiper, Barbara Murchie, and John Spekkens wrote: «the hearing panel erred in dismissing the motion for disclosure of the files of the lawyers who acted for the other parties.

In Hryniak, the Supreme Court decided if a judge dismisses a motion for summary judgment, that same judge should preside over the trial in that case.

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

On December 7th, the Ontario Superior Court of Justice dismissed a motion for an adverse inference based on the destruction of hospital records.

T -1274-12, Prothonotary Aronovitch considered factors relating to the nature of the issue of quantification and its complexity to dismiss a motion for bifurcation, stating in part ``... bifurcation presents a clear prejudice to the plaintiff who in the event that it is successful at the liability stage, will have to engage in a second proceeding, and will thereby be deprived of a timely remedy.»

In Oudin v. Le Centre Francophone de Toronto, The Ontario Superior Court dismissed a motion for summary judgment brought by an employee who alleged that the termination provision in his employment agreement was unenforceable.

The motion judge dismissed the motion for summary judgment on the basis that the limitation period did not commence until February 2013, when the respondent received the diagnosis from Dr. Patel.

She dismissed the motion for appointment of private counsel for the children, and her decision was upheld on appeal to the Superior Court of Justice.

On September 30th, the Supreme Court of British Columbia dismissed a motion for certification of a class proceeding against Apple that was about the recording of location data on Apple devices running the iOS4 operating system.

Abbott and Takeda appeal from the motion judge's order dismissing their motion for summary judgment.

Not exact matches

«Advertisers, not Facebook, are responsible for both the content of their ads and what targeting criteria to use, if any,» Facebook argued in its motion to dismiss allegations that its ads violated a host of civil rights laws.

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

But the particular court where this case is being heard requires a pre-motion conference to occur before a motion to dismiss is filed, but the court had no available time for such a meeting prior to yesterday's deadline.

On July 8, the public got its first view into how the U.S. Department of Labor will defend its fiduciary rule when it filed a cross motion for summary judgment, asking the U.S. District Court for the District of Columbia to dismiss a law suit brought by the National Association for Fixed Annuities.

In June 2017, minutes before the hearing on defendants» motion to dismiss, a partial settlement was entered into with the members of the Board for $ 11.5 million.

For a quick review of the the first round of Motions to Dismiss papers, the international or national soccer organizations stated they were NOT responsible to change any rules around concussion issues because:

Cameron dismissed the «utterly pathetic» jibes as «a bunch of tittle - tattle and rumour», before criticising Labour for refusing to back the programme motion.

The office of Preet Bharara, the United States attorney for the Southern District of New York, asked a federal judge to deny a motion by Assemblyman Sheldon Silver to dismiss his indictment on grounds that Bharara orchestrated a «media firestorm» around the arrest of the former speaker.

Read the full docket text below: Docket Text: ORDER DENYING [22] Motion to Dismiss; DENYING [41] Motion to Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss; DENYING [41] Motion to Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss for Failure to State a Claim; DENYING [42] Motion to Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby Dismiss for Failure to State a Claim; GRANTING [81] Motion to Intervene; AND REFERRING TO MAGISTRATE JUDGE; AND SCHEDULING ORDER: The motions to dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby dismiss the complaint filed by defendants Roman Hedges, Welquis R. Lopez, John J. McEneny, Michael F. Nozzolio, Sheldon Silver, Dean G. Skelos, Brian M. Kolb, and Robert Oaks are hereby DENIED.

In court on Friday, attorneys for both Smith and Halloran said they will make motions to dismiss some of the charges.

U.S. District Court Judge Jed Rakoff denied the board's motion to dismiss the suit, clearing the way for the parties — represented by the Brennan Center for Justice and the law firm of Emery Celli Brinckerhoff & Abady — to move forward in advance of the 2012 election cycle.

Despite getting a victory in court earlier this week when a judge denied a motion to dismiss the case, the attorney for the coalition that wants to keep the Western New York Children's Psychiatric Center in West Seneca had some harsh words for the governor.

«One is a motion to dismiss in the interest of justice, primarily predicated upon internal emails among attorneys for the New York State Board of Election,» said attorney Joseph LaTona, who is also representing Maziarz.

Attorneys for former New York State Senator George Maziarz filed new motions Friday morning in Albany to have public corruption charges dismissed.

In one case, Denenberg allegedly prepared a «fake order» in which the court granted his client a motion for summary judgment, dismissing a claim against it with prejudice, the suit said.

THE election petitions tribunal sitting in Awka, Anambra State, has dismissed for lack of merit, the motion by Dr Chris Ngige of the Action Congress of Nigeria (ACN),...

Lawyers for Silver said they plan to file motions requesting the indictment be dismissed.

«It is bizarre for the Right Honourable Gentleman [Mr Starmer] to dismiss it without having yet seen it and when committee members have had an opportunity to consider it fully and reflect on it I think they will reasonably conclude that the Government has fully discharged the terms of the motion.»

BY MELISSA LAMONTANARO Rockland County's motion to dismiss a complaint filed against itself and Sheriff Louis Falco alleging politically retaliatation against corrections officers for publicly supporting Falco's opponent Richard Vazquez in the 2015 Rockland County Sherriff's election, was denied by the United States District Court, Southern Distict of New York on July 27, 2017.

In a lengthy motion to dismiss, Mr. Silver's attorneys argued U.S. Attorney Preet Bharara had created a media firestorm that sought to try the lawmaker in the press — for doing something Mr. Silver's team argued isn't even a crime.

In filing the motion to dismiss the case, Coffey said that while Ortt is charged with filing a false campaign finance report, he was denied the chance to explain that he was not responsible for any filings by the county GOP committee.

On December 19, a lower state court held a scheduling conference in the case, and set an oral argument for January 12 on the state's motion to dismiss the lawsuits.

«We've already demonstrated to the district — since the motions were filed to dismiss and for summary judgement — that, unfortunately, the monitor was using the wrong numbers and was not interpreting the numbers correctly,» said Oliverio.

The judge began Friday's sentencing by dismissing Espada's motion for a new trial.

Grindr has filed a motion to dismiss based on the Communications Decency Act that immunizes providers of interactive computer services against liability for information provided by other parties.

Though the fatal drive - by shooting that incites «Lila and Eve's» plan for vengeance has nothing to do with the police, it's the cops» eager willingness to dismiss 18 - year - old Stephon's (Aml Ameen) death as just another unsolvable casualty in the drug - turf wars — and by extension his mother's desperate need for justice — that sets the fast - moving plot into motion.

There's nothing wrong with a little suspicious check on the downside of technology every now and again, but the way the movie dismisses its central technological conceit wholesale means that we're essentially watching characters go through the motions until events lead to a point where there's no room for any idea aside from the destruction of what mankind has wrought upon itself.

Our team has successfully used motions to dismiss and motions for summary judgment to resolve such claims under theories of sovereign and official immunity.

As part of his defense - side civil practice, Mr. Hawkins has handled numerous motions to dismiss, pre - and post-trial motions for judgment as a matter of law, and oppositions to class certification.

Order Denying Motion for Clarification and Dismissing Formal Complaint VIH Cougar Helicopters, Inc..

Ford Motor Company is awaiting trial for a lawsuit levelled against the automaker in 2013, after a federal judge in New York dismissed Ford's motion to throw out the case earlier this month, reports The Detroit News.

See, e.g., Stewart v. Associates Consumer Discount Company, 1 F. Supp.2 d 469 (E.D. Pa. 1998)(motion to dismiss for failure to state a claim denied where borrower brought class action against debt consolidation company); Lawson v. Nationwide Mortgage Corp., 628 F. Supp.

While the motion to have the Illinois lawsuit dismissed is still pending, the motions for the CFPB case and the Washington state case were both denied.

However, some groups of 403 (b) plan plaintiffs have already had some success jumping early procedural hurdles, easily surpassing motions to dismiss for lack of standing.

In a move to force more debtors into a Chapter 13 Wage Earner repayment plan, instead of allowing for a straight liquidation bankruptcy under Chapter 7, the trustee or any creditor can bring a motion to dismiss a Chapter 7 application if the debtor's income is greater than the state median income.

Extending the fund industry's losing streak, the court denied Harbor's motion to dismiss excessive fee litigation regarding the subadvised International Fund: «Although it is far from clear that Zehrer [the plaintiff - shareholder] will be able to meet the high standard for liability under § 36 (b), he has alleged sufficient facts specific to the fees paid to Harbor Capital to survive a motion to dismiss.»

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.

During a drawn out battle in court for the case of ARM / State of Florida vs. Jorge Garcia, the judge denied the defendants motion to dismiss graphic audio and video footage which ARM captured during undercover operations on Garcia's illegal animal slaughter farm.

While the whole mess is completely ridiculous, as Noriega is a convicted war criminal and murderer who's reputation could not possibly be any worse, the people at Activision still have to defend themselves and thus have motioned for the lawsuit to be dismissed in a California court of law.