motion to dismiss eastern district of california

13. The Court may wish to consider that motion before ruling on this Motion to Dismiss. SOUTHERN DISTRICT OF CALIFORNIA Corporation, Plaintiff, v. SPIRE COLLECTIVE LLC (d.b.a., StoreYourBoard), a Pennsylvania Corporation; and DOES 1-10, Defendant. Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the pending Motion to Intervene (ECF No. On January 6, 2017, WPL filed a motion to dismiss the Colorado Action for lack of personal jurisdiction under Fed.R.Civ.P. ¶ 15, 27.) 2 The Defendants submit that the attached reply memorandum would narrow and clarify the issues before the Court. First of all, I assume you are in the U.S. District Court for the Central District of California. 134 Riverside, CA 92501 Reply Deadline The moving party may file a reply to your opposition. Amending as a Matter of Course. EASTERN DISTRICT OF CALIFORNIA In re DANIEL B. KREVITSKY, Debtor.))))) FOR THE EASTERN DISTRICT OF CALIFORNIA AMERICAN FUELS & PETROCHEMICAL MANUFACTURERS ASSOCIATION, et al., Plaintiffs, v. RICHARD W. COREY, in his official capacity as Executive Officer of the California Air Resources Board, et al., Defendants. 09-cv-01977-BAM ROBINSON, ET AL. Case No. Plaintiff, v. BIGCOMMERCE, INC. The former permits the court to judicially notice an adjudicative fact if it is “not subject to reasonable dispute.” Based on the statistical analysis, the best chance of succeeding on a motion to dismiss such claims in the most active districts is in the District of Delaware, while the best chance of doing so at the summary judgment stage is in the Central District of California. MEMORANDUM AND ORDER RE: MOTION TO DISMISS; MOTION FOR SANCTIONS CITY OF OROVILLE, LIZ EHRENSTROM, SHARON ATTEBERRY ERIC TEITELMAN, AND DOES 1 THROUGH 1,000, inclusive, Defendants. 90, 92) provide substantial reason to revisit the issue of jurisdiction over Defendants in California. UNITE HERE INTERNATIONAL UNION, Petitioner, v. SHINGLE SPRINGS BAND OF MIWOK INDIANS; DOES 1-100, Respondent. ) UNITE HERE’S OPPOSITION TO MOTION TO DISMISS : INTRODUCTION. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA----oo0oo----DAVID NOEL, NO. FOR THE EASTERN DISTRICT OF VIRGINIA. However, the rules provide for another option for defendants who wish to make preliminary objections under certain circumstances. II. § 1404, respectfully files this Time: 2:00 … FOR THE EASTERN DISTRICT OF TEXAS . July 29, 2019 The U.S. District Court for the Northern District of California has issued a ruling dismissing the climate change lawsuits filed against Chevron Corpo Keith Holland, Chief Deputy Clerk The Court wishes to acknowledge the generous assistance rendered by … Two exceptions to this rule, however, permit the court to consider documents extraneous to the complaint in evaluating a motion to dismiss: request for judicial notice and the doctrine of incorporation by reference. The former permits the court to judicially notice an adjudicative fact if it is “not subject to reasonable dispute.” The California Attorney General, the defendant in the lawsuit, has now filed a motion to dismiss the challenge. B. While the jurisdictions that were most favorable to patentees seeking to defeat a motion to dismiss pre-Alice included the Central District of California (75 percent denial rate on 4 motions) and the Eastern District of Texas (100 percent denial rate on 4 motions). FOR THE EASTERN DISTRICT OF CALIFORNIA J & J SPORTS PRODUCTIONS, INC, CASE NO. No. Doug Gordon, Esq. Central District of California Southern Division 411 West Fourth St., Ste 1053 Santa Ana, CA 92701 -4516 RIVERSIDE United States Courthouse Central District of California Eastern Division 3470 Twelfth St., Rm. 08-CV-01422-OWW-GSA MEMORANDUM DECISION AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT I. On May 4, 2021, the United States District Court for the Eastern District of Michigan granted in part and denied in part a motion to dismiss in a class action lawsuit regarding the adequate notice of the right to continued insurance coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants' motion to dismiss two Fair Debt Collection Protection Act claims brought by Brandon Martinez, Plaintiff, on behalf of a class of similarly situated individuals. 3 EASTERN DISTRICT OF CALIFORNIA 4 5 LASONJA PORTER, 6 7 Plaintiff, 8 9 vs. 10 11 SERGEANT MUNOZ in his 12 individual capacity, DOES 1-13 10 in their individual 14 capacities, CITY OF DAVIS 15 POLICE DEPARTMENT, CITY OF 16 DAVIS, 17 18 Defendants. James D. Price and Sharee E. Price v. W. D. Reddin, 20-2174, KPW-1, Memorandum Opinion and Decision granting Plaintiffs' Motion for Summary Judgment. Edmund F. Brennan, United States Magistrate Judge Ann Taylor Schwing, Esq. 2:07-CV-00728 WBS EFB Plaintiff, vs. § 1404 COMES NOW, Defendant Ishmael Jones, by counsel, and pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6), and 28 U.S.C. R. Civ. Essex Bank, 20-2130, MPD-2, Memorandum Opinion and Decision on Defendant's Motion to Dismiss. 2:20-cv-01383-MCE-AC DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DATE: April 8, 2021 … Site/Technologies/Inc.) (Def.’s Req. 1:18-cv-1901 (EGS) ) THE DISTRICT OF COLUMBIA, et al., ) ) ) Defendants. ) Michael Wood, Esq. This is the case where the court held an evidentiary hearing on the defense's motion to dismiss federal marijuana charges on the grounds that (1) the feds' classification of marijuana as a Schedule I controlled substance without any accepted medical use is unconstitutional; and (2) the uneven enforcement of federal marijuana laws violates the Equal Sovereignty principle in the Constitution. Conservation Groups and Climate Scientist Challenged Logging and Biomass Plant in Northern California. 1 1 2 3 4 5 6 7 8 9 10 11 12 ) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notice of motion to dismiss plaintiffs’ complaint joyce c. wang (state bar no. PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT JUDGE DAVID L. BAZELON CENTER FOR MENTAL HEALTH LAW 1101 15th Street NW, Suite 1212 … CIVIL ACTION NO. Robert Kiddie . interference claim would survive a Rule 12(b)(6) motion to dismiss. You may not file a response to a reply without permission from the Court. Magistrate Judges of the Eastern District are available to exercise the court’s case dispositive jurisdiction and to conduct any or all case dispositive proceedings, including motions to dismiss, motions for summary judgment, a jury or non-jury trial, and entry of a final judgment. to Motion to Dismiss Pursuant to FRCP 12(b)(6) Hearing Date: Dec. 21, 2009 ... Central District of California Eastern Division 3470 Twelfth St., Rm. Defendant. Rule 12(b)( The Defendants will submit this motion on the October 23, 2019 submission date, or as soon thereafter Case 2:19-cv-11962-LMA-JVM Document 12-1 Filed 09/30/19 Page 1 of 2. as the Court’s docket permits, before the Honorable Lance … Opposition to Motion to Dismiss United States District Court Central District of California Timing Local Briefing Schedule Rule--Serve Opposition Papers 21 Days Before the Hearing > > Read More.. Rules & Requirements. FOR THE EASTERN DISTRICT OF CALIFORNIA TIMBISHA SHOSHONE TRIBE, EDWARD CASE NO. MARK, INC., Plaintiff,, Defendant.)) Introduction In this case, Plaintiff Lontex Corporation (“Lontex”) alleges that Defendant Nike, Inc. (“Nike”) committed trademark infringement in violation of the Lanham Act and state law by selling athletic … The moving party shall file with the Clerk a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the moving party intends to submit in support of the motion, together with proof of service thereof. implementing both agreements and the supporting California law as applied. Not., Exh. Timing. A party proceeding without counsel may request authorization to file electronically. The allegations in the SAC, and the evidence proffered in opposition to PNS and Williams' Motion to Dismiss (Doc. Plaintiff opposed the motion to dismiss, and defendant filed a 21 22 23 Briefly, the procedural history is as follows: 24 25 26 Amazon.com, and he was qualified for the positions for which he applied, but younger, less 27 28 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM J. WHITSITT, Plaintiff, v. AMAZON.COM, Defendant. The State Defendants request that plaintiffs' motion to shorten time be denied outright given the prejudicial shortcomings in their motion, identified below, or alternatively, that the Court order a short extension to the briefing schedule set. 134 Riverside, CA 92501 Reply Deadline The moving party may file a reply to your opposition. PRELIMINARY STATEMENT TO PARTIES AND COUNSEL Judges in the Eastern District of California carry the heaviest caseloads in the nation, and this Court is unable to devote inordinate time and resources to individual cases and matters. No. MOTION TO DISMISS FOR IMPROPER VENUE . Case No. On September 8, 2020, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative securities fraud class action against a ridesharing company (the “Company”) and certain of its directors under Sections 11 and 15 of the Securities Act of 1933 (the “Securities Act”). See Seaman v. 1306 N. Broom St., 1st Floor . and Robert W. Norris (collec tively “Calcot” ) filed a motion to dismiss plaintiffs’ first amended complaint on the grounds that the … 2:16-cv-00384 . 2:18-cv-02317-MCE-AC : MEMORANDUM IN SUPPORT OF RESPONDENTS’ MOTION TO DISMISS SECOND AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ; Date: November 29, 2018 . 15) vs. GEORGIA YVETTE MARTINEZ, et al., Defendants. In the Eastern District of California, the discharge order in most chapter 7 cases is entered by the clerk of the court; it is done automatically through the court’s electronic case management system, and it is not processed through chambers. EASTERN DISTRICT OF LOUISIANA . UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CREIGHTON MELAND, Plaintiff, v. ALEX PADILLA, Secretary of State of the State of California, in his official capacity, Defendant. In Martinez v. Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants’ motion to dismiss two Fair Debt Collection Protection Act (“FDCPA”) claims brought by Brandon Martinez, Plaintiff, on behalf of a class of similarly situated individuals. Doc. District of California Local Rule 7-9, the Plaintiff was required to file an opposition to the Defendants’ motion no later than twenty-one days before the hearing date. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. In these cases, a defendant may avoid answering immediately by filing a Two exceptions to this rule, however, permit the court to consider documents extraneous to the complaint in evaluating a motion to dismiss: request for judicial notice and the doctrine of incorporation by reference. Sargis. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. In federal Courts in California (ex. P. 16) Pleading Amendment Deadline: 7/10/2017 Discovery Deadlines: Non-Expert: 8/10/2017 Expert: 9/28/2017 Mid-Discovery Status Conference: 6/28/2017 at … / INTRODUCTION Plaintiff J & J Sports Productions, Inc. (“JJ Sports”) seeks to dismiss defendant Jose Martinez’ (“Mr. Federal Court Largely Denied Motion to Dismiss Some Defendants from U.S.’s Challenge to California’s Greenhouse Gas Agreement with Canadian Provinces. This packet provides general guidanceabout voluntarily dismissing a defendant or the entire case. HARRY SHARP, et al., Plaintiffs and Petitioners, v. XAVIER BECERRA, et al., Respondents. Using this template does not guarantee any result in your case. LR 230(b) (amended eff 2/1/19). If an action is dismissed and it, or one essentially the same, is refiled, it shall be assigned to the same Judge and Magistrate Judge. Texas Bar No. FOR THE EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA Plaintiff, v. ROBERT KELLY Defendant. ) FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. BRIAN JUSTIN PICKARD, et al., Defendants. FOR THE EASTERN DISTRICT OF CALIFORNIA . Defendants filed a motion to dismiss for failure to state a claim, motion to quash, and a motion to strike. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MAPLEBEAR INC. DBA INSTACART, Plaintiff § § § § § § § § § § E v. CORNERSHOP TECHNOLOGIES, INC., ET AL., Defendants Civil Action No. discharge or a motion to dismiss. MOTION TO DISMISS FOR IMPROPER VENUE . 2:19-cv-02288-JAM-AC ORDER GRANTING DEFENDANT’S MOTION TO DISMISS This case arises from a dispute over California Senate Bill No. The revocation of a discharge in chapter 7 is governed by 11 U.S.C. 1 [Class Action Complaint].) Presently b efore the Court is Defen dant’s motion to dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), which Plaintiffs oppose. : 17cv1603-GPC(BGS) ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR IMPROPER VENUE Before the Court is Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure … If the Plaintiff intended not to oppose the motion, Local Rule 7-9 mandated that he file a written statement confirming he would not oppose the motion. EXPRESS MOBILE, INC. RANDY J. BOUDREAUX . Filing 14 MOTION to DISMISS by Xavier Becerra, California Department of Justice, Joe Dominic, Brent E. Orick. View. On January 29, 2016, three days after this Court held a hearing on the motion to dismiss, an action was brought in the United States District Court for the Eastern District of California against the Attorney General, raising the same Due Process and Equal Protection challenges to California bail law. Addressing the UCL claim, Judge Nunley said Hard has adequately alleged injury in fact in the form of his lost home and eviction. 3/22/2021. 12(b)(1) and 12(b)(6) are pending before this Court: (1) motion by defendant Ken Salazar, in his capacity as … For the reasons set forth herein, Defendant’s motion to dismiss is granted in its entirety. MEMO OF AUTHORITIES iso MOTION TO DISMISS AMENDED COMPLAINT (Case No. case no. FOR THE EASTERN DISTRICT OF PENNSYLVANIA LONTEX CORPORATION, v. NIKE, INC. CIVIL ACTION NO. Rule 15(a)(2) does not prescribe a deadline for requesting permission from the court to amend the pleading. _____/ CASE NO. THE BUENA VISTA RANCHERIA OF ME-WUK INDIANS, a federally Indian Tribe, Plaintiff, vs. AMADOR COUNTY, CALIFORNIA; and THE AMADOR COUNTY BOARD OF SUPERVISORS, Defendants. A defendant normally responds to a plaintiff’s complaint by filing an answer pursuant to Federal Rule of Civil Procedure 12(a). 16-573 Baylson, J. December 14 , 2016 MEMORANDUM RE: DEFENDANTS’ MOTION TO DISMISS AND TO STRIKE I. FRCP 12(b)… MEMORANDUM OPINION AND DECISION DEBTOR’S EX PARTE MOTION TO VACATE ORDER … Stanley A. Boone, United States Magistrate Judge, Chair Hon. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ROBERT MORRIS and MICHELLE MORRIS, Plaintiffs, v. FRESNO POLICE DEPARTMENT, OFFICERS CHRISTOPHER LONG, JEREMY DEMOSS, Defendants. Hard sued the lenders, which moved to dismiss the action. Devlin Law Firm LLC . 9) I. if a lawsuit is filed by a Plaintiff in the Central district courts, Southern District, Eastern District, or Northern District) a Defendant can either ANSWER (and again raise affirmative defenses) or file a MOTION TO DISMISS (which just like the Demurrer seeks to have the case dismissed on one or more grounds. 19 CR 286 – AMD DEFENDANT’S MOTION TO DISMISS COUNT ONE OF THE SUPERSEDING INDICTMENT Defendant, Robert Kelly, by and through his attorneys, respectfully moves this Court, pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B)(iii) and (v), to Dismiss Count … CV-F-11-00676-LJO-SMS Plaintiff, ORDER ON MOTION TO DISMISS JOSE MARTINEZ’ COUNTERCLAIMS (Doc. A motion to compel disclosure or discovery pursuant to Rule 37 must be brought in the court where the action is pending. CASE NO. Case No. Motion Hearing set for 11/29/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 … It can be used in certain civil lawsuits in the Northern District Court of California. For the reasons discussed below, the Court will grant the Motion to transfer the action to the Eastern District of Oklahoma. UCL U.S. Judge Troy L. Nunley of the Eastern District of California granted the motion in part. District of California Local Rule 7-9, the Plaintiff was required to file an opposition to the Defendants’ motion no later than twenty-one days before the hearing date. Plaintiff, v. BIGCOMMERCE, INC. … UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA I. INTRODUCTION Before the court is a motion to dismiss … 19. 07/11/2017 Instructions: Opposition to Motion to Dismiss 1 of 3 Instructions: Responding to a Motion to Dismiss the Complaint . If so, Local Rule 7-3 requires in all cases not listed as exempt in Local Rule 16-12, and except in connection with discovery motions (which are governed by L.R. DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT AND/OR MOTION TO TRANSFER VENUE UNDER 28 U.S.C. EASTERN DISTRICT OF CALIFORNIA . Date of Scheduling Conference May 11, 2017. for Jud. ORDER RE DEFENDANTS’ MOTION TO DISMISS (DOC. Like this case, the . Presently before the court is a motion to dismiss for lack of jurisdiction and failure to state a claim, brought on behalf of WCI, Inc., WCI, Inc. board members Mary Nichols, Jared Blumenfeld, Kip Lipper, and Richard Bloom in their capacities as This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official court form. EASTERN DISTRICT OF CALIFORNIA Effective February 1, 2019 . DE [17]. EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN RE: FCA US LLC MONOSTABLE ELECTRONIC GEARSHIFT LITIGATION Case Number 16-md-02744 Honorable David M. Lawson MDL No. Case electronically transferred on 7/31/2019. James D. Price and Sharee E. Price v. W. D. Reddin, 20-2174, KPW-1, Memorandum Opinion and Decision granting Plaintiffs' Motion for Summary Judgment. CV-F-07-0464 LJO DLB Plaintiffs, ORDER ON DEFENDANT CALCOT’S MOTION TO DISMISS vs. CALCOT, LTD., EADIE AND PAYNE Defendants. 13-91102-E-7 This memorandum decision is not approved for publication and may not be cited except when relevant under the doctrine of law of the case or the rules of claim preclusion or issue preclusion. A motion to compel against a non-party must be brought in the court in the district where the discovery is taken. Doc. FOR THE EASTERN DISTRICT OF TEXAS . 1 Simultaneous with its original Motion to Dismiss, CNN filed a Motion to Transfer the case to the Southern District of New York because it simply has nothing to do with the Eastern District of Virginia. No. If the Plaintiff intended not to oppose the motion, Local Rule 7-9 mandated that he file a written statement confirming he would not oppose the motion. 826 (“SB 826”), which … Wilmington, Delaware 19806 . This template provides guidance only. , … Plaintiff, v. ... MOTION TO DISMISS The Defendants have filed a Motion to Dismiss Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure,1 and the Plaintiff has filed an Opposition. VI; AMEND. C.A. Given the shortage of district judges and staff, this Court addresses only the arguments, … ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. The motion is set to be heard on December 20, 2019. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID LAUGHING HORSE CASE NO. 2:16-cv-00185 TLN-DB NOTICE OF MOTION AND MOTION TO DISMISS … 42) and PLAINTIFFS’ MOTION TO STRIKE (Doc. Finnavations LLC v. Payoneer, Inc., … Plaintiffs, ORDER ON MOTIONS TO DISMISS (Doc. 2:14-cv-00416 TLN … #10 ) and on the court's own motion, the hearing on the Proposed Intervenor-Defendant Council for Education and Research on Toxics' Motion to Dismiss (ECF No. No. the United States District Court for the Eastern District of California apply in all bankruptcy cases and proceedings: Rules 173 (Photographing, Recording or Broadcasting of Judicial Proceedings), 180 (Attorneys), 181 (Certified Students), 183 (Persons Appearing In Propria Persona), 184 (Disciplinary Proceedings Against Attorneys), 292 (Costs), and 293 (Awards of Attorneys’ Fees). RANDY J. BOUDREAUX . The motion to dismiss should be denied because § 301 of the Labor Management … / Three motions to dismiss pursuant to Fed.R.Civ.Proc. 18-5623 MEMORANDUM RE: PARTIAL MOTION TO DISMISS Baylson, J. June 10, 2019 I. An action may not be dismissed and thereafter refiled for the purpose of obtaining a different Judge or Magistrate Judge. EASTERN DISTRICT OF CALIFORNIA GARY WAYNE WELCHEN, on behalf of himself and others similarly situated, Plaintiff, v. KAMALA HARRIS, in her official Capacity as the California Attorney General, and SCOTT JONES in his Official Capacity as the Sacramento County Sheriff, Defendants. Sargis. Eastern Dist. Nos. FOR THE EASTERN DISTRICT OF PENNSYLVANIA YOUSE & YOUSE v. JOHNSON & JOHNSON, ET AL. Acrylamide was listed as a Proposition 65 carcinogen in 1990 and as a reproductive toxicant in 2011. You may not file a response to a reply without permission from the Court. Case No. 24060092 . 12(b)(2) (“Motion to Dismiss”). Texas Bar No. Motion to Dismiss: Download: Motion filed by federal defendants to dismiss for improper venue or, in the alternative, to transfer to the Eastern District of California. 3/22/2021. ) ) ) ) ) ) ) ) No. Essex Bank, 20-2130, MPD-2, Memorandum Opinion and Decision on Defendant's Motion to Dismiss. Introduction An important issue in this case is whether an UberBLACK driver is “working” when “on-call.” In the new “Uber world,” … The Eastern District of California will hear the Motion to Dismiss filed by the state of California on December 21, 2018. 2:17-cv-00160 : JURY TRIAL DEMANDED . M.D. Devlin Law Firm LLC . 1:09 CV 01977 OWW SMS DAVID LAUGHING HORSE ) ROBINSON, Chairman, Kawaiisu Tribe ) of Tejon, ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF Plaintiffs ) DEFENDANT KEN SALAZAR'S MOTION… 19))))) 2:16-CV-01702 LEK 20 21 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ 22 MOTION TO DISMISS AND TO STRIKE … The United States District Court for the Eastern District of California requires electronic filing of documents in all new and pending civil cases in which parties are represented by counsel. DEFENDANTS' MOTION TO DISMISS FOR LACK OF STANDING - Page 4 Subsequently, on December 21, 2000, Deltapoint (a.k.a. Wilmington, Delaware … CV F 09-1248 LJO SMS BEAMAN, VIRGINIA BECK, and CLEAVELAND LYLE CASEY, Plaintiffs, ORDER ON PLAINTIFFS’ REQUEST TO DISMISS (Doc. 1:09-cv-01977 OWW SMS) ... UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA) KAWAIISU TRIBE OF TEJON, and )Case No. to Motion to Dismiss Pursuant to FRCP 12(b)(6) Hearing Date: Dec. 21, 2009 ... Central District of California Eastern Division 3470 Twelfth St., Rm. 09/16/2019 : Complaint: Download: Complaint filed. This Court would DENY Defendant's Motion to Compel Arbitration, but GRANT Defendant's Motion to Transfer Venue to the Eastern District of North Carolina. 45) vs. JOSEPH KENNEDY, MADELINE ESTEVES, PAULINE ESTEVES, ANGELA BOLAND, … / On Aug ust 15, 2007, Defe ndant Calcot, L td. Grounds. Robert Kiddie . The California Office of Environmental Health Hazard Assessment (OEHHA) developed an extremely conservative no … (Compl. The State Defendants request that plaintiffs' motion to shorten time be denied outright given the prejudicial shortcomings in their motion, identified below, or alternatively, that the Court order a short extension to the briefing schedule set. On April 28, 2020, Judge Susan Illston of the United States District Court for the Northern District of California denied a motion to dismiss a putative class action asserting claims under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder against an enterprise software company and certain of its executives. If so, Local Rule 7-3 requires in all cases not listed as exempt in Local Rule 16-12, and except in connection with discovery motions (which are governed by L.R. 2:08-cv-01954 MCE JFM DEFENDANTS’ NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES Hearing Date: February 6, 2009 Time: 9:00 a.m. The deadline to file a reply is 14 days before the motion hearing date. 24060092 . 2:11-CR-449-KJM REPLY TO GOVERNMENT’S OPPOSITION TO DEFENDANT PICKARD’S MOTION TO DISMISS INDICTMENT AS VIOLATIVE OF THE UNITED STATES CONSTITUTION (ART. 1:11-cv-0695 LJO SKO ORDER ON MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION TO STRIKE THIRD PARTY PLAINTIFF COMPLAINT (DOCS 38, 40) MODESTO IRRIGATION DISTRICT, Counter-Claimant, v. BLACK & VEATCH CORPORATION, Counter-Defendant. FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALI RAZAK, KENAN SABANI, KHALDOUN CHERDOUD v. UBER TECHNOLOGIES, INC., GEGAN, LLC CIVIL ACTION NO. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA M.J., et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. Plaintiffs oppose the motions. IAC/InteractiveCorp., Inc. View. Now before the Court is Defendant Joe Brown Company, Inc.’s Motion to Dismiss based on lack of personal jurisdiction, or, in the Alternative, to Transfer Plaintiffs’ Action to the United States District Court for the Eastern District of Oklahoma (the “Motion”). Generally, the court’s review of the complaint’s sufficiency is confined to the four corners of the pleading itself. Two exceptions to this rule, however, permit the court to consider documents extraneous to the complaint in evaluating a motion to dismiss: request for judicial notice and the doctrine of incorporation by reference. 18. Lead Case: 1:09-cv-2234-LJO-BAM Consolidated with member case: 1:10-cv-163-LJO-BAM AMENDED MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTION … 2744 Magistrate Judge David R. Grand _____/ OPINION AND ORDER GRANTING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION After this multidistrict litigation was initiated on October 5, 2016, … Below is a summary of recent district court decisions granting Rule 12 (b) (6) motions to dismiss under Section 101. 2 Local Rules Committee Members Hon. Defendant. EASTERN DISTRICT OF LOUISIANA . FOR THE EASTERN DISTRICT OF CALIFORNIA ANDREWS FARMS, et al., CASE NO. EXPRESS MOBILE, INC. Plaintiff, a California resident, rented a vehicle from Enterprise on March 8, 2012 at the Philadelphia International Airport. FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION KEVIN JACKSON, Plaintiff, v. ROBIN DEZEMBER, et al., Defendants. 2:17-cv-00160 : JURY TRIAL DEMANDED . California wholesaler organizations weighed in with an amicus in support of the state and the plaintiff Orion Wine has filed a brief in opposition to the motion to dismiss. Case No. Alexandria Division) CALNET, Inc., ) ) ... of their Motion to Dismiss the Complaint in its entirety, and state as follows: INTRODUCTION . EXPRESS MOBILE’S RESPONSE TO DEFENDANT’S AMENDED . It is the duty of all counsel appearing therein to brin…

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