I have been threatened with sanctions numerous times, and a few lawyers
even filed the motion.
Not exact matches
The judge and law clerk likely read the proposed brief about two minutes after reading the
motion seeking permission to submit it; they aren't going to erase the information from their brains
even if the judge does ultimately deny the
motion to
file.
After
filing their
motions Friday
evening, lawyers for Aiello and Gerardi issued a joint statement saying the charges against the Cor executives are unfair.
Padavan
filed a court
motion last week to impound all ballots and voting machines in the 11th SD, citing problems with the new equipment,
even though the unofficial results showed him badly trailing Avella, 25,864 votes to 22,781 votes.
Lawyers for Sheldon Silver asked the judge to acquit him of all charges
even before his case goes to the jury in his corruption trial, in a
motion that is routinely
filed by defense lawyers after the government rests its case.
The trial judge, Valerie E. Caproni of Federal District Court in Manhattan, has already denied one defense
motion,
filed last month, asking her to acquit Mr. Silver
even before the jury received the case.
Even after a bankruptcy case has commenced, and the almighty stay is in place, lenders can
file what is known as a
motion for relief from stay.
But I guess Full
Motion Video is having a bit of a comeback — from the simple use of embedding video, a la The Witness or
even as far back as Metal Gear Solid 4, to more complex uses, such as Her Story's non-linear
file exploration or Press X to Not Die's cheeky weird first - person shenanigans.
And so, after wasting a bunch of time with
motions to dismiss the case on the basis of this mistake, Mann's lawyers
filed an amended complaint, Steyn's and the other defendants» lawyers got paid
even more, and the case ended up exactly where it was before, except that now the defendants are whining
even more about how much the procedural stuff is costing them.
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.
In the Android - Java copyright infringement litigation in the Northern District of California, Oracle
filed a reply Wednesday
evening in support of its
motion to disqualify the court - appointed damages expert Dr. James Kearl.
There are two practice points to take note of from this decision: (1)
even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to
file a reply factum, and (2) when a party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new» issue raised in response, a moving party on a leave to appeal
motion will not be able to respond to the particular arguments made by the other side.
Obviously if one expects the status quo to change shortly (for example, the other spouse is threatening to stop providing financial support or the other parent is threatening to remove the children from the state),
filing such
motions is advisable
even if the status quo is acceptable.
But
even in a case where they are sometimes plaintiffs, like custody, an attorney can actually cause a * decrease * in filings by explaining to a parent exactly what they need to do to regain custody of their children and work with them to accomplish those goals, rather than the parent
filing loads of duplicate
motions to modify custody, as they often do when pro se.
The latest
motion was
filed by Oracle on Thursday
evening California time: a
motion to disqualify the court - appointed damages expert, Dr. Kearl.
Mr. Altenbernd: While there are some things you can raise on appeal
even if you don't
file a post-trial
motion on the subject, there aren't a whole lot of tactical reasons to forego your post-trial
motion.
In California, Rule of Court 2.304 (d)
even contemplates mishandling of a faxed
filing and provides instructions on
motion practice to rectify it.
Also,
even though the husband's appeal was dismissed on May 23, 2017, the he did not
file his
motion to set aside the dismissal order until three months later on August 24, 2017.
That is, unless and until the judge lets you
file your
motion (
even if it is clear as day that you're going to win), you're going to trial.
Even if you get to
file your summary judgment
motion, that doesn't mean that the judge will actually rule in a timely fashion (thus saving the expense of preparing for an unnecessary trial) or that you'll win.
We're glad to see the court allowed the defendants to
file their Alice
motion (
even though we don't think permission is needed in the first place), but we're disappointed the court chose to impose unnecessary costs that no party wanted.
Stopping the forward progress of this case before the
motion is
even filed or considered is counterproductive.
Then, you may
file a
motion for default judgment, asking the Illinois court to grant your divorce — including all the terms you listed in your petition —
even though your spouse has not responded.
«In my view,
even given the fact that the respondent mother has not been permitted to
file recent material here, the evidence of her continued acts of parental alienation and contempt for the orders of the court is incontrovertible and continuous up until the hearing of the
motion here.