Sentences with phrase «judge stayed a motion»

The judge stayed a motion filed by Monson and Hauge seeking resolution of the case in their favor and «promised» to decide before month's end whether to grant the DEA's motion to dismiss.

Not exact matches

Your spouse can make getting a divorce more difficult, prolonging the process, in a number of ways (avoiding service, sending you on wild goose chases for documents and old bank account statements, etc. filing motions that are essentially harassment, etc.), but no Nevada judge is going to force you to stay married to him or her.

The Bloomberg administration filed an October 2010 motion asking Judge Emily Goodwin to lift a stay on development of three sites near the Williamsburg location of Broadway Triangle.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first.

In an order issued 23 January, US District Court Judge Lawrence O'Neill denied a motion filed by the California Air Resources Board (ARB) to stay the injunction on the enforcement of the Low Carbon Fuel Standard (LCFS) he had ordered in the earlier decisions of 29 December 2011 while ARB... Read more →

In overturning a motion judge's refusal to stay proceedings under... [more] Full article

Husband filed a motion for seeking a new trial and a stay of the effect of the judge's orders.

On the hearing of the consortiums» respective stay motions at first instance, the motion judge posed the live issue as to which of the competing actions would be more likely to advance the interests of the class.

Now the inquiry committee has to decide if it will proceed with the hearings despite the judge's motion for a stay.

In their cross-appeal, the Ecuadorian plaintiffs asserted that the motion judge erred by granting a stay of their action on his own discretion.

Overall, the Court of Appeal held that the motion judge erred by granting the stay for a variety of reasons.

However, the motion judge then went on to exercise his discretion, under s. 106 of the Courts of Justice Act, to grant a stay of proceedings, stating that «because Chevron Corp does not have assets here, and there is no reasonable prospect that it will do so in the future, there is no prospect for any recovery here.»

As such, the Court of Appeal overturned the motion judge's discretionary stay of proceedings, stating «the court should grant its assistance in enforcing an outstanding judgment, not raise barriers.»

Furthermore, the Court overturned a motion judge's stay of proceedings, which he had ordered of his own initiative upon finding that the plaintiff's had no prospect of recovery in Ontario.

Fifth, the court found a significant disconnect between the rationale underlying the motion judge's reasoning on the jurisdiction issue, and the content of his reasons on the discretionary stay issue.

The circuit court judge ruled that the family expense and survival claims were subject to binding arbitration, but the motion to stay the wrongful death proceedings was denied.

Finally, the Court of Appeal disagreed with the motion judge's concern that, if a stay were not granted, a bitter and protracted fight would ensue where there is «nothing to fight over.»

The Ecuador plaintiffs appealed this stay of proceedings and Chevron cross-appealed the motion judge's finding that the Ecuadorian court's award can be recognized and enforced in Ontario.

[5] The motion judge granted the motion and ordered that the plaintiff's action be stayed against the respondents.

Following the Supreme Court's directive, a Magistrate Judge granted a motion filed by 7 of the 13 states to the lift the Court's stay of the proceedings.

The husband brought a motion to stay pending appeal the motion judge's order (1) requiring the identification and preservation of assets pending further order of the court, (2) scheduling the wife's contempt motion against the husband, and (3) permitting the wife to examine to non-parties.

The judge agreed with the defence motion and accordingly the charges against the two defendants were stayed.

Six days after US District Court Judge Nancy Gertner granted a motion by the student's legal team to let the hearing scheduled for tomorrow be streamed onto the Internet, she issued a stay late Tuesday sought by the Recording Industry Association of America.

The motion judge refused to stay Haas's action, determining that the «pith and substance» of most of the claims advanced by Haas related to the fraudulent misrepresentation of facts that caused Haas to enter into the shareholders» agreement, and were not contractual claims.

In 8518076 Canada Inc. v. Quiznos Canada Restaurant Corporation, a March 6, 2018 decision of the Ontario Superior Court of Justice, the motion judge refused to stay or transfer to the Superior Court in Toronto two Small Claims Court Ottawa actions that the franchisee, 851, commenced against Quiznos Canada.

The Judge found that the applicant's claims were covered by the arbitration clause and granted the respondents» motion to stay the application.

The appellant argued that the motion judge should have found that the arbitration clause did not survive termination of the Services Agreement, and therefore should not have stayed the court proceedings.

The plaintiff appealed on two grounds: that the motion judge erred in i) interpreting the scope of the forum selection clause and ii) staying the action against the defendants who were not party to the... Read More

Yet, the fact that the motion judge in this case refused to stay the action in favour of arbitration based on allegations of pre-contractual misrepresentations shows that the issue of tort trumping arbitration continues to be a live issue for practitioners and motion courts.

The Divisional Court judge granted the motion, quashed the appeal and set aside the stay of the eviction order.

Author: Anthony Pugh, Student - at - Law, Law Works P.C. Editor: Ben Hanuka In 8518076 Canada Inc. v. Quiznos Canada Restaurant Corporation, a March 6, 2018 decision of the Ontario Superior Court of Justice, the motion judge refused to stay or transfer to the Superior Court in Toronto two Small Claims Court Ottawa actions that the franchisee, 851, commenced against Quiznos Canada.

The motion judge determined that the father was entitled to have the stay lifted, based on three factual findings:

Ms. Brand brought a motion to stay the trial judge's order pending appeal.

The motion judge erred in failing to apply Aecon's remedy of staying the claim of the party that did not immediately disclose a litigation agreement.

The Divisional Court judge granted the motion, quashed the appeal and set aside the stay of the eviction order.