Pursuant to Rule 41(a) (2) of the Federal Rules of Civil Procedure, plaintiff Heuttig & Schromm, Inc. moves to dismiss without prejudice. Defendant Operating Engineers Local Union No. 3 ("Local 3") moves to dismiss on the merits, with prejudice, and for summary judgment. Local 3 also ...
By the motions now before us, plaintiffs seek summary judgment and injunctive relief only on the first cause of action. They claim that defendants' applicable rules, practices and procedures violate the due process clause of the Fourteenth Amendment.[2] Plaintiffs claim that defendants act arbitrar...
of a similar instruction that "Although more apt language might well have been used, it appears that the meaning intended to be conveyed was merely this: That while certain rules of law had been stated, the court did not wish to be understood as expressing any opinion upon matters of fact...
move for summary judgment to establish 26 that the original finding of infringement should be extended to these new implementations, but 27 by the time of that offer, there wasn't sufficient time for the Court to pursue that alternative 28 while sorting out the superabundancy of pretrial ...
of court o When amendment of pleadings deemed amended is not necessary to cause conformity to the evidence Client Advisory Letter 2020 | 13 • Rule 11 – When to File Responsive Pleadings o Computation of deadlines based on calendar days o Extension of time to file an answer • Rule 12...
*1456Thus, to accept the District's argument would require the Court to find the Plan internally inconsistent because enforcing one part of the Plan (the stationary source plan) would violate another (the public hearing provision). Traditional rules of construction counsel against such a result, ...
US District Court for the Central District of California - 352 F. Supp. 1324 (C.D. Cal. 1972) July 7, 1972 352 F. Supp. 1324 (1972) Ralph W. KEITH et al., Plaintiffs, v. John A. VOLPE, as Secretary of Transportation, et al., Defendants. Civ. No. 72-355-HP. United ...
(g), seeking review of the final decision of the Secretary of Health, Education and Welfare denying his claim for disability benefits. Both parties have moved for summary judgment. Having considered the papers of both counsel and the applicable law, the Court remands this case to the Appeals ...
MEMORANDUM OF OPINION RENFREW, District Judge. This case involves a foreign corporation, plaintiff Bank of Montreal ("Bank"), and a California resident, defendant Jack Kough also known as John Keller Kough ("Kough"). Cross-motions for summary judgment are presently before the Court and there ap...
reasons because it felt that the less said by the Court on that subject, the better. The plaintiffs have a right to renew the motion, and neither side should be prejudiced by a determination of what facts are or are not material or what facts to support a judgment exist without genuine ...