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MOTIONS (Beta)
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In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348). This Document Relates to: 03 Civ. 1754, 03 Civ. 1757, 03 Civ. 1768, 03 Civ. 1771, 03 Civ. 1772, 03 Civ.... 1773, 03 Civ. 1776, 03 Civ. 3473, 03 Civ. 3475, 03 Civ. 3477, 03 Civ. 3480, 03 Civ. 3481, 03 Civ. 3482, 03 Civ. 3483, 03 Civ. 3485, 03 Civ. 3487, 03 ..., 04 Civ. 0789, 04 Civ. 0790, 04 Civ. 0807, 04 Civ. 0810, 04 Civ. 0817, 04 Civ. 0818, 04 Civ. 0821, 04 Civ 0835, 04 Civ. 0845, 04 Civ. 0848, 04 Civ. 08...
.... ASKIN, et al., Defendants, AIG MANAGED MARKET NEUTRAL FUND, et al., Plaintiffs, v. ASKIN CAPITAL MANAGEMENT, L.P., et al., Defendants.
95 Civ. 8905 (RWS), 96 Civ. 2978 (RWS...), 96 Civ. 7874 (RWS), 97 Civ. 1856 (RWS), 97 Civ. 4335 (RWS), 98 Civ. 6178, 98 Civ. 7494 (RWS)
United States District Court, S.D. New York.
March 1, 2001...
...defense to the amended complaint and alleging excusable neglect, under Civ. R. 60(B)(1), as to its failure to answer the amended complaint. Attached to the motion were the affidavits of Ralph D...should reconsider its ruling based on Civ. R. 60(B)(5), which provides relief from a judgment can be given for "any other reason justifying relief from the judgment." No additional operative facts were....
Civil procedure — Motion for relief from judgment — Civ. R. 60(B)(5) not substitute for more specific provisions of Civ. R. 60(B) — Grounds must b...
...authorized as to fewer than all claims or parties, when — Judgment not final or reviewable, when — Civ. R. 54 and 56.
A trial court is authorized to grant final summary judgment upon...Davidson's materialmen. Purdy, Basic and Standard Oil became parties and likewise filed complaints against Geupel and Aetna. The trial court granted motions filed, pursuant to Civ. R. 56(A), by....
The Court of Appeals then held that the summary judgments were not rendered upon the whole case as required by Civ. R. 56(D...
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23 Civ. 1042724 Civ. 294724 Civ. 164523 Civ. 49223 Civ. 1022323 Civ. 375823 Civ. 162623 Civ. 931216 Civ. 444124 Civ. 23224 .... 312024 Civ. 16824 Civ. 486220 Civ. 681924 Civ. 331024 Civ. 201224 Civ. 318323 Civ. 797222 Civ. 910924 Civ. 2830
11-20-2024
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S.D.N.Y.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
12 Civ. 1568 (WHP)
08..."swarm." See Digital Sin, Inc., v. Does 1-27, No. 12 Civ. 3873 (IMF), 2012 WL 2036035, at *1 (S.D.N.Y. June 6, 2012). Because Wiley only knew...Records LLC v. Does 1-16, Civ. No. 1 ;08-CV-765 (GTS/RFT), 2009 WL 414060, at *8 (N.D.N.Y. Feb. 18, 2009), aff'd sub nom., Arista Records. LLC v. Doe 3...
...to Civ. R. 15(A), which the trial court granted. On September 9, 1981, Randolph Township filed its amended answer which raised, for the first time, the affirmative defense of the statute of....
Civil procedure — Motion for leave to amend pleading should be granted "freely," when — Civ. R. 15(A) — Granting of motion for leave to...amend will not be disturbed, when.
O.Jur 3d Pleading §§ 328, 340.
1. A motion for leave to amend a pleading made pursuant to Civ. R. 15(A) should be granted...
....
Municipal Courts — Jurisdiction — R.C. 1901.17 and 1901.18 — Subject-matter jurisdiction — Venue — Civ. R. 3(B) — Rule-making power...of Supreme Court — Civ. R. 5.6(A) — Statewide service of process — Civ. R. 4.1(2) — Personal service.
1. Subject-matter jurisdiction of a court connotes the power to hear and...power of the Ohio Supreme Court. Section 5(B), Article IV of the Ohio Constitution.
3. Civ. R. 4.6(A) authorizes the issuance of statewide service of process by an Ohio municipal...
MOTIONS (Beta)
...LLC's (hereinafter, “Plaintiff”) motions for leave to conduct expedited discovery in Civ. Nos. 15–1530 and 15–1531. (See Motion for Leave to Serve a Subpoena Prior to Rule 26(f) Conference, Civ.... No. 15–1530, [Doc. No. 5]; see also Motion for Leave to Serve a Subpoena Prior to Rule 26(f) Conference, Civ. No. 15–1531, [Doc. No. 5].) The Court has considered the submissions and notes...filed a complaint against Defendant John Doe Subscriber Assigned IP Address 50.166.88.98 (see Complaint, Civ. No. 15–1530, [Doc. No. 1] ), and a complaint against Defendant John Doe Subscriber...
...rule adopted by the trial court and followed the federal rule that an attorney's conduct should be imputed to the client when the determination is made whether relief should be granted under Civ. R. 60....
Messrs. Van Heyde, Zuber Rothgeb and Mr. Robert L. Van Heyde, for appellant.
Relief from judgment — Civ. R.... 60(B), construed — Default judgment — A final appealable order — Grounds for relief — Civ. R. 60(B)(1) — Neglect inexcusable, when.
1. An order setting aside a default...
...appellants.
Appellate procedure — Civil procedure — Compliance with R.C. 2505.02 and Civ. R. 54(B) required for order to be...liabilities of fewer than all the parties must meet the requirements of R.C. 2505.02 and Civ. R. 54(B) in order to be final and appealable...an entry of dismissal of plaintiff's complaint, except for the fact that unresolved counterclaims exist in this action and therefore Civ. R. 54(B) applies...
...error due to the fact that the plaintiffs had not been served notice of the application for default judgment pursuant to Civ. R. 55(A). Finding its judgment to be in conflict with that of the Court of...— Failure to appear at trial after having filed responsive pleading — Civ. R. 55(A) default notice procedures inapplicable — Parties entitled to some form of reasonable notice of trial date... Under Civ. R. 55, when a party defending a claim has "failed to plead or otherwise defend," the court may, upon motion, enter a default judgment on behalf of the party asserting the claim...
...assertion.
The next day, appellant filed a motion for relief from judgment under Civ. R. 60(B)(1) and (5). The argument provided in support of appellant's motion consisted...judgment under Civ. R. 60(B)(1), but does not set forth any operative facts to assist the trial court in determining whether such grounds exist, the court does not abuse its discretion in denying the....
In the instant appeal, appellant is seeking further review of the trial court's judgment overruling her Civ. R. 60(B) motion on the basis that appellant had not sustained her burden of...
...N.T. Ry. Co. v. Evans-Snider-Buel Co., 42 Texas Civ. App. 60[ 42 Tex. Civ. App. 60]; s.c..., 38 Texas Civ. App. 201[ 38 Tex. Civ. App. 201]; Texas A.P. Ry. Co. v. Lee, 21 Texas Civ. App. 175[ 21 Tex. .... Hardeman, 15 Tex. 484; Boehringer v. Richards Medicine Co., 9 Texas Civ. App. 289[ 9 Tex. Civ. App. 289]; Cincinnati, etc., Ry. Co. v. Case, 122 Ind. 310...
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{¶ 4} On March 16, 2005, Schlee filed a motion for relief from judgment pursuant to Civ. R. 60(B). Schlee alleged prosecutorial misconduct in both of his trials. He also alleged...court treated Schlee's Civ. R. 60(B) motion as a petition for postconviction relief under R.C. 2953.21 and dismissed the petition as untimely...these rules of criminal procedure, and shall look to the rules of civil procedure and to the applicable law if no rule of criminal procedure exists."
{¶ 8} Civ. R. 60(B...
...— Compliance with R.C. 2505.02 and Civ. R. 54(B) required for order to be final and appealable.
O.Jur 3d Appellate Review §§ 36, 45.
An order of a court is a...final, appealable order only if the requirements of both Civ. R. 54(B), if applicable, and R.C. 2505.02 are met...court which are not final and appealable but which the originating court has attempted to render appealable by including the so-called magic language of "no just reason for delay" from Civ. R. 54(B...
...under Civ. R. 7 — Waiver not effected under Civ. R. 12(H), when — Defendant does not submit to court's jurisdiction, when.
O.Jur 3d Actions §§ 102, 115, 117....
A request by a defendant to the trial court for leave to move or otherwise plead is not a motion or a responsive pleading contemplated by Civ. R.... 7, and the obtaining of such order does not constitute waiver under Civ. R. 12(H) of any affirmative defenses, nor does it submit the defendant to the jurisdiction of the court...
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Less than one year later, appellants filed a motion for relief from judgment under Civ. R. 60(B)(3) on the basis that the settlement had been fraudulently induced by the city. Appellants..., the city filed the motion for relief from judgment under Civ. R. 60(B) that is the subject of the instant appeal. The city's motion requested that both the summary judgment on the question of liability...appellee.
Civil procedure — Neglect of party's attorney imputed to party — Civ. R. 60 (B)(1) — Surprise...
...when the damages are manifestly too small or too large.
TEX.R. CIV. P. 320. As the rule specifies, new trials may be granted for good cause on motion of a party or on...the court.
TEX.R. CIV. P. 321. Generality in motions for new trial must be avoided because objections phrased in general terms shall not be considered by the court.... TEX.R. CIV. P. 322. Not more than two new trials may be granted for either party in the same cause because of insufficiency or weight of the evidence. TEX.R. CIV. P. 326.
Texas...
..., citing Civ. R. 41(B)(1). Since appellant, proceeding pro se, did not receive such notice, Judge Stephenson found the dismissal improper.
This cause is now before the....
Civil procedure — Failure to appear at pre-trial conference — Notice of dismissal must be given, when — Civ. R. 41(B)(1...the dismissal must be given to plaintiff's counsel pursuant to the provisions of Civ. R. 41(B)(1...