Sentences with phrase «not timely filed»

The trial court dismissed the lawsuit, finding that the statute of limitations for actions alleging professional malpractice was two years and so the action filed by the Buyers was not timely filed.

The Tenth Circuit held that it did not have jurisdiction to consider the plaintiff's appeal because it was not timely filed.

Not exact matches

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

These risks and uncertainties include: Gilead's ability to achieve its anticipated full year 2018 financial results; Gilead's ability to sustain growth in revenues for its antiviral and other programs; the risk that private and public payers may be reluctant to provide, or continue to provide, coverage or reimbursement for new products, including Vosevi, Yescarta, Epclusa, Harvoni, Genvoya, Odefsey, Descovy, Biktarvy and Vemlidy ®; austerity measures in European countries that may increase the amount of discount required on Gilead's products; an increase in discounts, chargebacks and rebates due to ongoing contracts and future negotiations with commercial and government payers; a larger than anticipated shift in payer mix to more highly discounted payer segments and geographic regions and decreases in treatment duration; availability of funding for state AIDS Drug Assistance Programs (ADAPs); continued fluctuations in ADAP purchases driven by federal and state grant cycles which may not mirror patient demand and may cause fluctuations in Gilead's earnings; market share and price erosion caused by the introduction of generic versions of Viread and Truvada, an uncertain global macroeconomic environment; and potential amendments to the Affordable Care Act or other government action that could have the effect of lowering prices or reducing the number of insured patients; the possibility of unfavorable results from clinical trials involving investigational compounds; Gilead's ability to initiate clinical trials in its currently anticipated timeframes; the levels of inventory held by wholesalers and retailers which may cause fluctuations in Gilead's earnings; Kite's ability to develop and commercialize cell therapies utilizing the zinc finger nuclease technology platform and realize the benefits of the Sangamo partnership; Gilead's ability to submit new drug applications for new product candidates in the timelines currently anticipated; Gilead's ability to receive regulatory approvals in a timely manner or at all, for new and current products, including Biktarvy; Gilead's ability to successfully commercialize its products, including Biktarvy; the risk that physicians and patients may not see advantages of these products over other therapies and may therefore be reluctant to prescribe the products; Gilead's ability to successfully develop its hematology / oncology and inflammation / respiratory programs; safety and efficacy data from clinical studies may not warrant further development of Gilead's product candidates, including GS - 9620 and Yescarta in combination with Pfizer's utomilumab; Gilead's ability to pay dividends or complete its share repurchase program due to changes in its stock price, corporate or other market conditions; fluctuations in the foreign exchange rate of the U.S. dollar that may cause an unfavorable foreign currency exchange impact on Gilead's future revenues and pre-tax earnings; and other risks identified from time to time in Gilead's reports filed with the U.S. Securities and Exchange Commission (the SEC).

In addition to factors previously disclosed in Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders, on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisions.

As the filing sums up, «If we do not complete our remediation in a timely manner or if the remediation measures that we have implemented and intend to implement are inadequate to address our existing material weaknesses or to identify or prevent additional material weaknesses, there will continue to be an increased risk of future material misstatements in our annual or interim financial statements.»

In some circumstances, the parties may want to seek a formal waiver or ruling from the relevant regulators to confirm that a filing is not necessary, and it might only be possible to do this in a timely manner if the parties start the analysis early in the process.

«We are vigorously challenging those,» Steinberg said, saying that in some cases, the MCIs, applied for CWCapital, were not filed «in a timely way.»

In addition to timely updating, some digital textbooks have functions their paper counterparts don't, such as searchable text and embedded videos, audio files, quizzes, or simulations.

DOT's Aviation Enforcement Office found that Allegiant Air failed to provide passengers with disabilities adequate and timely assistance in moving within airport terminals, and did not adequately respond to complaints filed by passengers with disabilities.

It's possible, but it's a long and laborious process and we can't guarantee that all the distributors will be able to adjust your file in a timely manner.

If it is not able, or not willing, to do that in a timely manner, recalculate the correct figures and provide the IRS with documentation showing how you arrived at your figures when you file your income tax return.

*** More Great News *** It is not necessary to file your taxes before you apply for an income tax loan with us, but we do advise that you file as quickly as possible to avoid additional fees and to ensure timely repayment of your Tax Refund Loan.

Shares were weak as the company announced that they would not file their 2017 annual report on a timely basis and would have to restate revenues in 2016 and 2017 due to incorrect accounting for a government contract in 2016.

In either case, you would likely need to file Form 2210 to avoid penalties for not paying taxes in timely fashion.

Filing timely tax returns is key if you wish to discharge tax debt in bankruptcy It is possible to discharge income tax debt in bankruptcy, however, not all taxes are eligible and timing plays a very important role.

If on the day you file a bankruptcy you for tax year that occurred three years prior to the day you file bankruptcy, and the tax return was timely filed at least two years prior to the filing of the bankruptcy, and you have not been assessed within 270 days before the filing of the bankruptcy, then it may be possible to discharge your old income taxes.

Sometimes for a variety of good reasons, the creditor does not always get the news a bankruptcy has been filed, and therefore, will not necessarily stop garnishments in what you might consider a timely manner.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

To paraphrase: «The ruling involved a taxpayer who timely filed the election with the IRS within 30 days of the property transfer but who did not attach a copy of the election to his or her Form 1040 for the year of the transfer.

Furthermore, K - 1s require additional bookkeeping for investors and, unfortunately, SPLP management has already stated that they will not be providing the K - 1s to unitholders in timely fashion, i.e. in time to file taxes by the annual filing deadline, April 15, so its estimated taxes for all those who ventured to purchase the units last year.

The district attorney's office has appealed that order, arguing that California law does not permit judges to turn down properly and timely filed disqualification motions.

Acting Presiding Justice Bedsworth, writing for a 3 - 0 panel, adhered to the the law indicating that costs memo time limitations are not jurisdictional and to case law where courts indeed had treated prematurely filed cost bills as timely.

As long as you made a timely notification of the accident — and followed up by filing an accident benefit claim form — the adjuster can not compel you to sign any further written statement.

Wrongful death cases are no exception, and surviving family members who fail to file their claim in a timely manner can often miss out on hundreds of thousands of dollars in compensation, if not more.

Personal injury cases claims must be filed in a timely manner, so don't hesitate to get the advice and guidance of a personal injury lawyer right away.

Please do not hesitate to file a medical malpractice claim in a timely fashion.

Upon appeal, the defendant tried to claim that the case was not filed in a timely manner.

Failure to file a claim within the statute of limitations can be caused by numerous legal errors, including an attorney failing to identify and sue the correct defendant, not properly investigating a claim, not conducting timely and effective discovery, failing to properly serve process on the defendant, or simply miscalculating the date that the statute elapsed.

Usually an appeal is considered «contested» if an answer brief arguing that some or all of the relief sought on appeal should not be granted is timely filed in response to the opening brief on appeal filed by the party filing the appeal.

There is an internal process for prioritizing case files to ensure their timely completion and identifying for special attention those cases that have not been subject to a determination within six months.

Currently, the following services are available for assistance in filling out and filing various Michigan legal documents at a timely and cost effective stance, including but not limited to:

Currently, the following paralegal services are available for assistance in filling out and filing various Michigan legal documents at a timely and cost effective stance, including but not limited to:

If you do not file your claim in a timely manner, you can lose out on your rights altogether.

Under the Income Tax Act, it is the responsibility of the legal representative (such as an estate trustee, or the administrator of the estate if probate is not required) to file all required returns for the deceased on a timely basis, pay all tax owing, and advise the beneficiaries whether the amount they receive from... read more

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

(For those who aren't aware: In Ontario, all child support orders are automatically filed with the FRO, which operates under legislation giving it an arsenal of mechanisms by which to encourage and enforce timely payment of support on the part of the paying parent.)

The problems I encountered were: (1) obfuscation ensured lawyers were the only conduit into the system (the process is now easy to understand with all of the new services and interactive flowcharts); (2) most of my legal fees where for services that did not require a law degree; (3) the most expensive errors were legal errors and there was no reasonable recourse for recovery; (4) the court administration was unable to handle the volume; (5) simple but essential administrative tasks, like filing documents, required either half a day or $ 100 + for every single filing; (6) Security and privacy are completely ignored, unlike every other profession; (7) there is no incentive, nor is there a governing body to ensure the matter is handled in an ethical, humane, timely manner; (8) lawyers have a monopoly and charge more than the market can bear for personal litigation.

Those factors include: her squandering of the time when she was paid support while also being intentionally unemployed; her unilateral move to Mexico accompanied by her express decision to not work or be underemployed; her failure to produce relevant evidence about her past and present financial circumstances in a timely fashion; her active misrepresentations to Mr. Street concerning her income; her filing of false evidence before this Court and the Provincial Court about her employment activities in Mexico; her delay in seeking spousal support; the hardship that would be borne by Mr. Street, A.S.S. and his new family members arising from her past (in) actions and in seeking support at this late date; and, her failure to comply with the Rules.

I had an amazing team working on my case, and couldn't believe how well and timely my file was handled.

The appellant claimed it did not receive the emailed order, which is why it failed timely to file an appeal.

Claims are also processed in a timely manner and they don't make you feel like «the bad guy» if you need to file a claim.

Tax returns must also be filed in a timely manner irrespective of whether taxes are due or not.

People get divorced and don't change beneficiaries and any number of things can happen to prevent a timely filing of a claim.

The service should not be compromised at the cost of cheaper insurance premium rates, since timely response makes a big difference when there is a situation to file a claim.

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.

If not cleared in a timely fashion these files will haunt you to no end, and in some extreme case, you may have to format the PC.

Responsibilities include but are not limited to opening and closing hard files, sending and stamping all outgoing mail, scan correspondence, pleadings, discovery docs as well as incoming faxes and distributing them in a timely fashion.

• Installed, configured, and managed multiple web sites supporting global e-commerce and e-business credit in technical environments comprised of Solaris 8 - 10 (LDOMS, ZFS, RAID, ZONES, CONTAINERS), Aix 6.1 - 7.1, Linux 4.0 - 5.5, Web Sphere MQ, Apache, Jboss, ATG, DB2, Oracle, MySQL and VMware • Optimized data security through close cooperation between Network Administration, Unix System Administration, NT Administration, DBA, and Backup and Recovery Administration teams • Installed Emulex LPFc, EMC Power path, Navisphere, Veritas Volume Manager, Veritas cluster server, Veritas File system, Veritas Net Backup etc. and archived original configuration • Utilized expertise in managing and performance tuning major RDBMS Oracle / Sybase / SQL / Informix / DB2 / ATG / SAP • Built and configured IBM, HP and Sun servers, EMC, TSM and Sun SAN • Architected Disaster Recovery System, conducted testing, observed fail errors, and reset the systems • Compiled opensource applications and packages as necessary for the source of both Solaris and RPM packages • Installed and configured Nagios, Cacti and MRTG graphing tool to monitor and visualize servers and network devices • Managed Send Mail, SFTP, FTP, HTTP, SSL, SSH, DHCP, DNS, NIS, NIS +, DHCP, LDAP, Apache, Tomcat, Web Sphere, BMC Patrol, HP Open View, and Nagios • Coordinated efforts among Development, QA, Production, DR, Systems, DBA, Production, Support, Network Administration, and Applications groups for project completion ahead of schedule and under budget • Planned and developed projects, performed user acceptance tests, and applied patches to fix bugs • Served as liaison with vendors multiple vendors including Cisco, EMC, HP, IBM, Red Hat Linux, Oracle, Sun, and Symantec resolving hardware and software issues in a timely and professional manner

I would contact them tomorrow and let them know you will be forced to file an eviction if they are not out timely.