...., 444 F.2d 791, 802 (4th Cir. 1971); 7A Wright Miller, Federal Practice and Procedure § 1775, at 19-22. A judgment against him may prevent the other inmates from later raising the same claims.... Fed.R.Civ.P. 23(a)(4); see 7 Wright Miller, Federal Practice and Procedure § 1765, at 617-22. Ability to protect the interests of the class depends in part on the quality of counsel, Gonzales v..., 74 (5th Cir. 1973). See generally 3B Moore, Federal Practice ¶ 23.72; 7A Wright Miller, Federal Practice and Procedure §§ 1789, 1793. We may deal with four of...

...shall be dismissed" (emphasis added), indicating that in such circumstance dismissal is mandatory. See also 10 Wright Miller, Federal Practice and Procedure: Civil § 1138 at 261...the plaintiff to show good cause. See Wei v. State of Hawaii, 763 F.2d 370, 372 (9th Cir. 1985). Cf. 10 Wright Miller, Federal Practice and Procedure: Civil..."). See 10 Wright Miller, Federal Practice and Procedure: Civil § 1138 at 261 (1985 Pocket Part): "The time limits in Rule 4(j), although they are...

.... See Hamilton Watch Co. v. Benrus Watch Co., 206 F.2d 738, 742 (2d Cir. 1953); 11 Wright Miller, Federal Practice and Procedure, Sec. 2947. The burden is, of course, on the...of Florida v. Callaway, 489 F.2d 567, 576 (5th Cir. 1974); 11 Wright Miller, Federal Practice and Procedure, Sec. 2948. The moving party must also show that irreparable injury will be suffered...unless injunctive relief is granted. As already noted, the right to relief must be clear and unequivocal. Crowther v. Seaborg, supra; 7 J. Moore, Federal Practice, par. 65.04(1); 11 Wright Miller, Federal Practice and Procedure, Sec...

...Practice P 8.13; 5 Wright & Miller, Federal Practice and Procedure, s 1217. Beyond this, the rule serves to sharpen the issues to be litigated and to confine discovery and the presentation of evidence...the Constitution, numerous federal statutes and nearly all theories of recovery known to the common law. In eight rambling counts, plaintiff claims " fraud, psychiatric, medical, educational..., the Court finds that dismissal is required on the ground that the complaint fails to comply with the dictates of Rule 8(a) of the Federal Rules of Civil Procedure...

...Rule 12(b)(6). See 5A Wright Miller, Federal Practice and Procedure, § 1357 (2d ed. Supp. 2001) (noting that "Rule 12(b)(6) also has been used to enforce the heightened pleading...the trial on the merits." Fed.R.Civ.P. 12(h)(2). Thus, the defense of failure to state a claim is not waivable. 5A Wright Miller, Federal Practice and Procedure, § 1361 (2d ed. 1990) ("[U]nder Rule 12...Unfair Trade Practice Act, Conn. Gen.Stat. § 42-110a et seq. Patel claimed that the defendants, through their newspaper advertisement and subsequent communications, fraudulently induced him to...

...." Reizakis v. Loy, 490 F.2d 1132, 1135 (4th Cir. 1974); 9 Wright Miller, Federal Practice and Procedure § 2370, at 216-17. Against this...: Stanley Davis appeals the dismissal of his complaint pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. We affirm. Davis, who was then confined in the Maryland... STANLEY DAVIS, APPELLANT, v. RALPH L. WILLIAMS, INDIVIDUALLY AND AS WARDEN, MARYLAND HOUSE OF CORRECTION; MARK LEVINE, INDIVIDUALLY AND AS COMMISSIONER OF CORRECTIONS...

...-33 (E.D.Pa. 1979); Owens v. Weingarten's, Inc., 442 F. Supp. 497 (W.D. La. 1977). See generally 5 Moore's Federal Practice ¶ 41.05[2] (2d ed. 1975), 9 Wright Miller, Federal Practice and Procedure § 2367...Miller, Federal Practice and Procedure § 1588, at 814-15 (1971). For these reasons, the judgment is AFFIRMED. ..., JOHNSON and JONES, Circuit Judges. OPINION...

.... Wright Miller, Federal Practice and Procedure: Civil § 1653. The thrust of appellants' complaint is that TRPA has violated the requirements of the Compact in approving the...individual cases." Wright Miller, Federal Practice and Procedure: Civil § 1601. Prior to its revision in 1966, Rule 19(b...Court for the Eastern District of California. Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges...

...is construed in favor of the party opposing the motion and he is given the benefit of all favorable inferences that can be drawn from it." 10A Wright Miller, Federal Practice and Procedure § 2727, at...C.A. Wright A.R. Miller, Federal Practice and Procedure § 2725, at 514 (1973)." Attorney Gen. v. Bailey, 386 Mass. 367, 370...material fact must, without more from his opponent, defeat his motion." Community Natl. Bank v. Dawes, supra. See 10A Wright Miller, Federal Practice and Procedure § 2739, at 523-524 (2d ed...

...., 505 F.2d 1031, 1034-35 (10th Cir. 1974); see also 7C Wright Miller, Federal Practice and Procedure § 1955 (2d ed. 1986). Defendants assert that a sufficient...satisfy Rule 25(a)(1), motion for substitution or suggestion of death must be personally served on nonparty representative of deceased, rather than deceased's attorney); see also 7C Wright Miller, Federal Practice and Procedure § 1955...' motion to dismiss. Plaintiffs appeal. Federal Rule of Civil Procedure 25(a)(1) provides that [i]f a party dies and the claim is not thereby...

...sufficient. See, e.g., 6 Wright Miller, Federal Practice and Procedure § 1485 (1971 1981 Cum.Supp.), and cases cited therein. The Fifth Circuit reversed and remanded a trial...several plainclothed officers of the Drug Enforcement Agency. Observing that the men were heavily armed, Tefft concluded that he was being robbed and attempted to flee. Although none of the federal...97. Rule 15, Federal Rules of Civil Procedure, allows a party to amend his or her pleading once as a matter of course before a responsive pleading is served. To obtain a subsequent amendment, a party...

...., 267 F.2d 260 (7th Cir. 1959); 4 Wright Miller, Federal Practice and Procedure, 333. Since there was no valid service of process, the district court was without...acknowledgment form read, in pertinent part, as follows: The enclosed Summons and Complaint are served pursuant to Rule 4(c)(2)(C)(ii) of the Federal Rules of...Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days...

.... Manufacturers Hanover Commercial Corp., 596 F.2d 1092, 1099 (2d Cir. 1979) (quoting 11 Wright Miller, Federal Practice and Procedure, § 2862 at 198 (1973)). However, there was no violation of...damages, which he claims was required by Rule 55(b)(2) of the Federal Rules of Civil Procedure. We reject this contention on both procedural and substantive grounds. First, Nahas...his property without due process of law. Rule 60(b)(4) of the Federal Rules of Civil Procedure provides that a court can relieve a party from a final judgment if the judgment is...

...U.S. 41, 47-48, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); 5 Wright Miller Federal Practice and Procedure, § 1274...Court alleging that CNB violated section 7(d) of the Securities Exchange Act of 1934 (1934 Act), 15 U.S.C. § 78g(d), and Federal..., 915 (9th Cir. 1971). The court reasoned that because the federal claims under section 7(d) of the 1934 Act and Regulation U have only a statutory base, being unknown at common law, the section 338.1...

..., 832 F.2d 935 (5th Cir. 1987), cert. denied, 485 U.S. 1033, 108 S.Ct. 1592, 99 L.Ed.2d 907 (1988); WRIGHT MILLER, FEDERAL PRACTICE AND PROCEDURE CIVIL...on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and denied Wood's motion for judgment on the pleadings. The district court found that the bankruptcy court had not determined that.... II. ANALYSIS [6] A. Judgment on the Pleadings A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) is subject to the...

..., 25 L.Ed.2d 1 (1970); see, Wright Miller, Federal Practice and Procedure: Civil § 2018 at 143-44, and § 2172 at 536. Only in extreme cases, where no corporate...(1970). See, Wright Miller, Federal Practice and Procedure: Civil...cannot reverse the trial court, therefore, unless that discretion has been abused. Wright Miller, Federal Practice and Procedure: Civil § 2284 at 765; 4A Moore's Federal Practice ¶ 37.08 at 37-112-13...

...-Chapman Scott Corp. v. City of Seattle, 281 F.2d 896 (9 Cir. 1960); 3 Moore, Federal Practice ¶ 15.07[2], at 856-57; 6 Wright Miller, Federal Practice and Procedure § 1489, at 445...district court to allow amendment, see 3 Moore, Federal Practice ¶¶ 15.07[2] at 857, 15.11 at 970; 6 Wright Miller, Federal Practice and Procedure § 1489...exhibit to the affidavit in support of defendants' motions to dismiss and/or for summary judgment, see F.R. App.P. 10; 9 Moore, Federal Practice ¶ 210.04[2], and "interim financial statements, proxy...

...in the litigation process when the material facts are not in dispute after the pleadings have been closed and only questions of law remain to be decided. See 5A Wright Miller, Federal Practice and Procedure: Civil...World, Inc., 102 R.I. 8, 227 A.2d 582 (1967). See also 1 Kent, R.I.Civ.Prac. § 12.12 at 118 (1969); 5A Wright Miller, Federal Practice and Procedure: Civil...claimed. See 5 Wright Miller, Federal Practice and Procedure: Civil 2d § 1215 at 145 (West 1990). The essence of the defendant's answer is also aimed at merely providing the recipient of a...

...; United States ex rel. Motley v. Rundle, E.D.Pa. 1972, 340 F. Supp. 807; 10 Wright Miller, Federal Practice and Procedure § 2688 (1973...right to recover. Thomson v. Wooster; Ohio Central Railroad Company v. Central Trust Company of New York; 10 Wright Miller, Federal Practice and Procedure 282. On appeal, the defendant, although he may..., 163 F.2d 347; 3 Barron and Holtzoff, Federal Practice and Procedure § 1216 at 85, 86 (1958). The appellant's contention on this appeal is that...

.... See League to Save Lake Tahoe v. Tahoe Regional Planning Agency, 558 F.2d 914 (9th Cir. 1977). See generally Wright Miller, Federal Practice and Procedure: Civil...); Pacific Gas Electric v. Fibreboard Products, 116 F. Supp. 377, 381 (N.D.Cal. 1963). See generally Wright Miller, Federal Practice and Procedure: Civil §§ 3641-42...defendant brings into consideration Rules 15 and 20 of the Federal Rules of Civil Procedure. Rule 15 provides that a party may amend its pleadings after a responsive pleading has been served, ". . . only...