…deny the motion to transfer. D. THE AMENDED COMPLAINT ADEQUATELY STATES CLAIMS UPON WHICH RELIEF MAY BE GRANTED UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(6)(6) The defendants aver that I should dismiss this action pursuant to Federal Rule…
…We very much appreciate your time. I am attaching the following documents for your review: 1. Complaint in the defamation case against Ghislaine Maxwell Oust today, Judge Sweet denied Maxwell's motion to dismiss today); 2. Declarations that filed in…
…your time. I am attaching the following documents for your review: 1. Complaint in the defamation case against Ghislaine Maxwell (just today, Judge Sweet denied Maxwell's motion to dismiss today); 2. Declarations that filed in the CVRA case; 3…
…against me in the actual case, but I was thrown in due to association with my ex-partner. The lawyers are highly confident that this case will never get past a motion to dismiss. We have another case against TD…
…to Mot. To Dismiss at 32-36.) Although generally, a district court may not consider matters extraneous to the pleadings, I may consider "a document integral to or explicitly relied upon in the complaint ... without converting the motion to dismiss…
…PTAB. We moved to consolidate the 2014 Complaint with the 2010 Complaint (the Complaints), and the District Court granted our motion on July 16, 2014. We moved to dismiss certain claims as time barred under California and Delaware law, and…
…matter. On January 24, 2014, addressing only the first amended complaint and not the consolidated claims from , the court granted defendants' motion to dismiss in part and denied it in part. On May 2, 2014, plaintiffs filed a second amended…
…to dismiss Plaintiff's original Complaint in this action. 9 EFTA_R1_00012694 …
…U.S. Dist. LEXIS 83452, * 2 The Trustee% allegations in this proceeding are set forth in detail in Judge Garrity's opinion granting in part and denying in part defendants' motion to dismiss the adversary proceeding. See id, OM. No…
…Responses to Petitioners' Responses and Motions filed on December 5, 2011, and state: 1. On December 5, 2011, petitioners filed their Response to Government's Sealed Motion to Dismiss for Lack of Subject Matter Jurisdiction (D.E. 127); Response to…
…filing of a notice of appeal. Bankruptcy Law > Practice & Proceedings > Appeals > Procedures [HN5] A client's lack of responsibility for its counsel's dilatory conduct is not dispositive on a motion to dismiss for failure to prosecute…
…OPINION MOORE, District Judge. After careful consideration of the parties' written and oral arguments, I will deny the defendants' motions to dismiss for lack of personal jurisdiction and to transfer this case to New York. Further, I find that the…
…this case, Tissues regarding the minimum amount of damages available to Plaintiff under 18 U.S.C. § 2255 do not affect whether Plaintiff has stated a claim and are not appropriate for a motion to dismiss. These damages issues will…
…its progeny are present here. The motion to dismiss for lack of subject matter jurisdiction is dispositive of the entire case. Thus, staying discovery until the Court rules will save the entire cost related to discovery, if the Court rules…
…P. 8(a) enunciates the general standard that a pleading must meet in order to withstand a motion to dismiss. The pleader is entitled to considerable latitude regarding the mode of stating his claim for relief, provided the pleading gives…
…responsibility for its failure to follow the court's scheduling order Nonetheless, on balance. the Poulis factors demonstrated that dismissal of the appeal was an appropriate sanction for appellant's failure to file its brief. OUTCOME: Motion to dismiss granted. …
…consolidated cases, a motion to dismiss, and an amended complaint, Class Counsel is expected to conduct a significant amount of legal research. Given the lack of individual and task-based detail in Plaintiffs' billing summaries, the Court finds that Plaintiffs…
…Defendants. As discussed, Class Counsel spent 5,100 hours over three years litigating this case, survived a motion to dismiss, and obtained a fair and reasonable settlement in a complex, multi-state consumer class action involving uncertain legal issues. The…
…17 Debtors filed with the district court a motion to dismiss the appeal of the bankruptcy court's confirmation order on the basis of equitable mootness. 15.1771 JA 4570-88. The district court made no ruling on the motion…
…consolidated cases, a motion to dismiss, and an amended complaint, Class Counsel is expected to conduct a significant amount of legal research. Given the lack of individual and task-based detail in Plaintiffs' billing summaries, the Court finds that Plaintiffs…