Search for: "Movant's Response to the Court's Order to Show Cause" Results 41 - 60 of 140
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6 Oct 2013, 6:19 pm by Stephen Bilkis
Regardless of whether the temporary restraining order contained in the August 27, 2007 Order to Show Cause precluded the cross-motion at the time it was originally interposed, that TRO had long expired by the time the cross-motion was actually submitted to the court. [read post]
6 Jun 2014, 3:38 am
 § 27.011(b).To prevail on a motion to dismiss, the movant bears the initial burden to show by a preponderance of the evidence that the action `is based on, relates to, or is in response to the party's exercise’ of free speech. [read post]
18 Feb 2020, 9:19 am by Chris Wesner
Standard of Review for Motions for Summary Judgment Rule 56 of the Federal Rules of Civil Procedure, made applicable to contested matters by Federal Rule of Bankruptcy Procedure 9014, provides that the Court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
17 Oct 2013, 12:03 pm by Stephen Bilkis
Regardless of whether the temporary restraining order contained in the August 27, 2007 Order to Show Cause precluded the cross-motion at the time it was originally interposed, that TRO had long expired by the time the cross-motion was actually submitted to the court. [read post]
12 Mar 2020, 6:12 am by The Law Offices of John Day, P.C.
When considering a motion to alter or amend, a court should consider the Stovall factors: (1) the movant’s efforts to procure the newly offered evidence when responding to the motion for summary judgment; (2) the importance of the newly offered evidence to the movant’s case; (3) the movant’s explanation as to why the newly offered evidence was not offered in response to the motion for summary judgment; (4) any unfair prejudice to the… [read post]
19 May 2017, 12:23 pm by WOLFGANG DEMINO
The trial court must grant the motion unless the non-movant produces more than a scintilla of evidence raising a genuine issue of material fact on the challenged elements. [read post]
2 Jan 2019, 2:55 pm by MOTP
The court also ordered Deborah to pay attorneys' fees for Robert and Ruth. [read post]
5 Dec 2014, 4:57 am
When determining whether to grant a preliminary injunction, this Court must balance the following four factors: (1) whether the movant has shown a strong likelihood of success on the merits; (2) whether the movant will suffer irreparable harm if the injunction is not issued; (3) whether the issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by issuing the injunction. [read post]
25 Aug 2010, 10:35 am by PaulKostro
The sanction may consist of (1) an order to pay a penalty into court, or (2) an order directing payment to the movant of some or all of the reasonable attorneys’ fees and other expenses incurred as a direct result of the violation, or both. [read post]
31 Oct 2006, 6:12 am
But if that's not the case, then showing weaknesses may cause the litigation to drag on. [read post]
24 Aug 2023, 12:12 pm by Eugene Volokh
[The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.] [read post]
2 Nov 2018, 3:00 pm by Wolfgang Demino
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. [read post]
6 Nov 2015, 6:42 am
 . . .On March 13, 2015, the day following the filing of the Complaint, this Court issued an ex parte Order to Show Cause why an injunction should not issue that, inter alia, (1) enjoined Defendants, their affiliates and all persons acting in concert with them from using, disclosing, or otherwise disseminating the Stolen Materials, (2) ordered Defendants to turn over to Plaintiff the Stolen Materials, and (3) ordered… [read post]
30 Jul 2021, 3:47 pm by Mitchell Jagodinski
Federal Trade Commission 21-86Issues: (1) Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-and desist orders; and (2) whether, on the merits, the structure of the Federal Trade Commission, including the… [read post]
7 Sep 2017, 10:18 am by MOTP
If the movant shows that a valid arbitration agreement encompasses the lawsuit's claims, and the opposing party has not proven a defense to enforcement of the agreement, the trial court has no discretion but to compel arbitration and stay the suit. [read post]
24 Apr 2013, 5:51 pm by Stephen Bilkis
A Nassau County DWI Lawyer said the issue to be resolved in this case is a summary judgment should be ordered by the court based on the foregoing. [read post]
10 May 2019, 1:07 pm by MOTP
ZB, NATIONAL ASSOCIATION D/B/A AMEGY BANK, Appellee On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2017-56775 O P I N I O N Opinion filed May 7, 2019 On Appeal from the 55th District Court, Harris County, Texas, Trial Court Cause No. 2017-56775. [read post]