Sentences with phrase «order dismissing his motion»

The appellant husband appealed an order dismissing his motion to set aside a default order that the matrimonial home be sold and that $ 400,000 be paid to the wife on account of equalization.

Ontario Electricity Financial Corporation («OEFC») brought a motion under s. 7 (5) of the Courts of Justice Act to vary Justice Gillese's order dismissing its motion to stay a portion of certain Superior Court orders pending determination of its application for leave to appeal to the Supreme Court of Canada.

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

Not exact matches

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 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.

Although the memorandum opinion and order released Friday denied Silver's motions to dismiss the indictment based on Bharara's «prejudicial extrajudical statements,» United States District Court Judge Valerie Caproni warned the Manhattan federal prosecutor «that this case is to be tried in the courtroom and not in the press.»

asked that judgment on its motion to dismiss should be reserved until its witnesses had been heard, Judge John T. Raulston ordered the argument to proceed.

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

Therefore, Epic's Motion to dismiss should be denied in its entirety, Epic should be ordered to answer the Complaint, and this case should proceed to discovery and trial.»

Then after Crytek filed for discovery to commence, CIG immediately filed a protective order to delay discovery until the judge ruled on the motion to dismiss — which they stand zero chance of prevailing on.

There's not much of interest in it, except in the section on page 21 headed «Jurisdiction», where Dr Mann has withdrawn his objection that «an appeal of the denial of a motion to dismiss under the Act does not meet the stringent requirements of the collateral order doctrine».

This order is about my co-defendants» decision (not mine) to appeal the denial of the motion to dismiss the amended complaint.

Yesterday morning, the court released an opinion (PDF) denying the District's motion to vacate the consent order, which subjects the District's treatment of mentally disabled citizens to continuing judicial scrutiny, and dismiss the case.

In December, 2016, the plaintiffs brought a motion for a status hearing under Rule 48.14 (5), in order to show cause why the action should not be dismissed for delay, and for an order establishing a timetable for the completion of further steps in the action.

The Supreme Court also expressly sanctions a party's use of a motion for directions to seek an order to stay or dismiss the summary judgment motion in circumstances where that motion is «premature or improper.»

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

Kilgore Barnard v. 9th Life Hawaii (Order Granting September 28, 2017 Motion to Dismiss Appeal for lack of Appellate Jurisdiction).

Royce v. Plaza Home Mortgage, Inc. (Order Denying May 7, 2018 HRAP Rule 40 Motion for Reconsideration of April 25, 2018 Order Dismissing Appeal for Lack of Appellate Jurisdiction).

ICA Order (1) Dismissing the Appeal for Lack of Appellate Jurisdiction and Dismissing as Moot All Pending Motions, filed 05/12/2016 [ada].

Order to dismiss (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.

(Order, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appOrder, p. 2) As the court notes in its summary of the order, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of apporder, an acquittal can issue either when a jury returns a not - guilty verdict, or «when a trial court grants a defendant's new trial motion for evidentiary insufficiency... or dismisses a case... for evidentiary insufficiency» (Id., pp. 2 — 3) The essence of the court's decision is in two parts: (1) The new trial motion should not have been granted because there was sufficient evidence to convict Mr. Stern on counts of conspiracy; and (2) Because the trial court did not rule on the majority of the issues raised in Stern's motion for a new trial, those issues have yet to be decided, and should be addressed on remand by the court of appeals.

The ONCA summarily dismissed the appeal, noting that all parties appearing at the set aside motion had treated the order as a final order, as did the motion judge.

The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language of the motion judge's order was not precisely the declaratory language sought by the sons.

His motion was dismissed and Justice Sherr further ordered that the father was barred from bringing any other motion without leave of the Court.

The moving party, Metro Ontario Inc. («Metro»), sought leave to appeal the Order of the Honourable Justice Akhtar, dismissing its summary judgment motion.

The plaintiff then moved before Rady, J. for an order setting aside the order of Templeton, J., and to commence a new action against solicitor B. Rady, J. dismissed both motions, and found the plaintiff to be in contempt of court.

In a 58 - page ruling in 2010, Ontario motions Justice Duncan Grace granted summary judgment against Hryniak in both cases and ordered him to pay $ 2.1 million, but dismissed the motions against Peebles and Cassels Brock, ruling those facts required a trial.

In the order appealed from, the Family Court granted the mother's motion to dismiss the father's petitions based on lack of subject matter jurisdiction.

Finally, a court may make an order designed to rectify an abuse of process: For example, an order terminating discoveries, or dismissing motions deemed excessive.

In dismissing the appeal, the majority invited RBC to bring a motion for an order requiring a Scotiabank representative to be examined, after which time the Statement would be properly producible under law.

In dismissing the litigation due to the plaintiff's non-compliance with certain court orders, the court ordered that the plaintiff pay costs on a substantial indemnity scale, but only for the motion in which the inappropriate comments were made.

The judge dismissed the motion and ordered that the Facebook pages were not relevant.

The motion judge dismissed the motion, other than ordering Pierre to pass his accounts.

The parents appealed the motion judge's order to the ONCA, arguing that the motions judge had not considered and applied all of the elements of the test for dismissing an appeal for delay, particularly the merits of their appeal.

Justice Metivier dismissed both applications and invited the parties to provide her with written submissions on the issue of costs.3 The Township, in conjunction with its written cost submissions, brought a motion against Mr. Bickley seeking an Order requiring him to pay costs personally.

The U.S. Court of Appeals for the Federal Circuit has denied a petition for a writ of mandamus vacating an order by a federal district court in Delaware which denied a motion to dismiss or transfer a patent infringement suit against a Taiwanese corporation for improper venue

In an order dated November 6, 2015, Nassau County District Court Judge Paul L. Meli, granted the ex-husband's motion to dismiss this action, concluding that small claims court lacked jurisdiction and that the matter in issue had, in any event, been previously litigated.

Richard uses court - tested strategies to help his clients obtain temporary restraining orders, defeat motions to dismiss, and obtain injunctive and declaratory relief.

In re: ZTE (USA) Inc., 18 - 113 — Yesterday in an opinion by Judge LINN, the Federal Circuit granted ZTE's petition for a writ of mandamus, vacating a district court's order denying ZTE's motion to dismiss for improper venue and remanding.

Interns will have the opportunity to draft bench memoranda, judicial orders, and opinions on a variety of substantive matters, including motions to dismiss, motions for summary judgment, magistrate judge reports, and habeas corpus petitions.

Judge Thomas P. Griesa of the United States District Court for the Southern District of New York issued an order granting our motion to dismiss a shareholder derivative complaint filed against certain current and former members...

In Calliste v. State Farm, the insurer brought a summary judgment motion for an order dismissing the plaintiff's claim for medical benefits and income replacement benefits.

Relying on the fair use doctrine, we are posting substantive filings in White v. West here: 02/22/2012 - Class Action Complaint 04/06/2012 - Memorandum in Support of Defendant's Motion to Dismiss (filed by Reed Elsevier) 04/06/2012 - Memorandum in Support of Defendant's Motion to Dismiss (filed by West Publishing) 04/26/2012 - Memorandum in Opposition to Defendants» Motions to Dismiss (filed by White and Elan) 05/07/2012 - Reply Memorandum in Support of Defendant's Motion to Dismiss (filed by West Publishing) 05/07/2012 - Reply Memorandum in Support of Defendant's Motion to Dismiss (filed by Reed Elsevier) 05/17/2012 - Order Granting Motion to Dismiss (Signed by Judge Jed S. Rakoff on 5/16/2012) 05/22/2012 - Transcript of Proceedings held on 5/16/2012 05/30/2012 - Answer to Complaint (filed by West Publishing) 05/30/2012 - Answer to Complaint (filed by Reed Elsevier) 06/26/2012 - Amended Complaint (filed by White) 07/10/2012 - Answer to Amended Complaint (filed by West Publishing) 07/13/2012 - Answer to Amended Complaint (filed by Reed Elsevier) 10/05/2012 - Memorandum in Suppport of Plaintiff's Summary Judgment Motion (filed by White) 10/05/2012 - Memorandum in Suppport of Defendant's Summary Judgment Motion (filed by Reed Elsevier) 10/23/2012 - Memorandum in Opposition to Plaintiff's Summary Judgment Motion (filed by West Publishing) 10/23/2012 - Memorandum in Opposition to Defendants» Summary Judgment Motions (filed by White) 10/23/2012 - Memorandum in Opposition to Plaintiff's Summary Judgment Motion (filed by Reed Elsevier) 11/02/2012 - Reply Memorandum in Support of Defendant's Summary Judgment Motion (filed by West Publishing) 11/02/2012 - Reply Memorandum in Support of Plaintiff's Summary Judgment Motion (filed by White) 11/02/2012 - Reply Memorandum in Support of Defendant's Motion for Summary Judgment (filed by Reed Elsevier) 11/30/2012 - Transcript of Proceedings Held on 11/20/2012 02/11/2013 - Order Granting Defendants» Motions for Summary Judgment (Signed by Judge Jed S. Rakoff on 2/8/2013)

When no response was received from the Tribunal, the Caring Society commenced an application seeking an order of mandamus to compel the Tribunal to render a decision in relation to the Government's motion to dismiss the complaint.

After the federal parties filed their notice of appeal to this Court from the District Court's grant of the preliminary injunction as to «indecent» communication, the Court of Appeals for the Ninth Circuit entered an order directing Sable either to file a motion for voluntary dismissal or to show cause why the appeal should not be dismissed for lack of jurisdiction.

The brokerage brought a summary judgment motion to dismiss the agent's claim and for an order for damages sought in the counterclaim.

Structal's appeal from the motion judge's order dismissing Structal's motion for payment was dismissed.

They filed, in the Ontario Superior Court of Justice, a motion seeking an order dismissing or staying the third party claim initiated against them, arguing Ontario courts did not have jurisdiction to hear the proceeding.

C.A.: appeal allowed; motion for order to rectify books and records and for declaratory judgment dismissed.

By order dated January 20, 2016 Lauwers J.A. (in chambers) dismissed her motion based on lack of jurisdiction to issue an originating process such as a Notice of Application.