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The pending motions to compel discovery, cross-motion to stay discovery, and motion to hear the cross-motion to stay on shortened time are DENIED AS MOOT. Court membership; Judges sitting: Saundra Brown Armstrong, Elizabeth D. Laporte: Case opinions; Decision by: Elizabeth Laporte, Saundra Armstrong
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
In her opinion, dated April 6, 2004, Judge Robinson denied SCO's motion to dismiss. Additionally she stayed the lawsuit pending the resolution of the SCO v. IBM lawsuit, which makes the motion to supplement the record, the motion to stay discovery and the motion for more time to answer Red Hat's first interrogatories moot.
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on a decision to decline to stay a civil case, on a decision granting the government’s motion to disqualify an ...
On Nov. 15, the state filed its motion to stay the district judge’s injunction pending appeal. On Nov. 19, the appeals court gave the plaintiffs until Nov. 27 to file briefs responding to ...
On April 30, 2018, the defendants filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit, [44] along with a motion to stay the injunction and allow the ban to go into effect while their appeal was pending. [45] A few days later on May 4, the defendants also asked the 9th Circuit for a stay pending appeal. [46]
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...