STATEMENT Plaintiff American Small Business League is an … R0�MB. Debtor claimed to have suffered neck, back, and shoulder injuries while aboard a SMART bus involved in an alleged “fender-bender” with a Volkswagen Beetle; SMART argued that Debtor did not–and could not … 38, and Plaintiff’s response thereto, filed August 1, 2013, doc. 403), grants in part and denies in part American Title’s motion for summary judgment on its Texas Civil Practice and Remedies Code 17.50(c) counterclaim, (Dkt. h�4�1�0Ы�v�M�*KG��UHT���'�K�g[���HHMIEhx|~����������)���. summary judgment motion in reliance upon an erroneous admission does not constitute prejudice.”). ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Plaintiffs Anthony Lay and Deborah Douyette filed an adversary complaint against Debtors Norman and Mary Douyette seeking a determination that a $33,657.02 judgment on an intentional misrepresentation claim (the “Judgment”) is nondischargeable under 11 U.S.C. Upon reviewing of the Motion and supporting affidavit, the Court finds that WITHOUT PREJUDICE [Doc. h�b```f``a`b``�g�c@ >���f�|:�Y�wL]� Z^���������� h�C�"� @s@����A~i:������ �����X��a���(` �} 1 STS argues in the Motion that the asserted patent claims of U.S. Patent No. The defendants filed their 3, and 8 … 82, and a motion for summary judgment by Defendants-Crossclaimants Leonard Gregory Scott (“Scott”) and Eureka Inventions ORDER DENYING . 8F/�h�'Sϩ���t;��Ц���D�i�dʞ~�zf2�gHϑvV�#+�+��)����-2�]�d�d�K�?թ\��e�\s�P>B�{ӣ`=H-�=X{����X�`};�����H��z��p£�����}����,x����r����M� �1��g�@6t���kn��6kX� M�ٲ�{�3 Or:9$�����a�6j��m�M�R�o��Y_��j���/甶�펃�\_:8��� �H�zX8��؝�pmC�.8dAF�P��l�m���M�����S�-�@�n���q�2@_O��90'ڏ�n�)��%nj=�x#Ć1���%g�κb��̂[�fº+W�u-T+���&�hE��X��ٱ3�aU�-w���l��u���x��M#����Uʾ�+4K��eο�D.��d�|�t�e�9�몓����;ʯ�+�k�ouJ�R��ق���:��+�M��T�n�Hk�Su`�r�4r%Z!������x������EȺ���?b܂ꞗw��f��pVm�sU�Xb�C5��%>�Պ���Z�7�,8�)_ �V� ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Krause, Inc., a manufacturer of ladders, filed a Chapter 11 bankruptcy case in 2000 in the Northern District of Illinois. For the reasons discussed below, both motions are DENIED. ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT INTRODUCTION In this action under the Freedom of Information Act, both sides move for summary judgment in connection with Sections 552(b)(4) and (6) of Title Five of the United States Code. 41. ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT . After considering the parties’ arguments, the record, and the relevant law, the Court grants American Title’s motion for summary judgment on its indemnity cross-claim, (Dkt. ORDER GRANTING, IN MOST RESPECTS, PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT 'Tnhe doctrine of separation of powers is a structural safeguard rather than a remedy to be applied only when specific harm, or risk of specific harm, can be identified. /����.@@�"%n��D�],���ʏ#�u�8v���D�H/�ށ���'���a�/����$�. 59 0 obj <>/Filter/FlateDecode/ID[<0AB07224B9C1107937890E77C4918949>]/Index[54 13]/Info 53 0 R/Length 48/Prev 38389/Root 55 0 R/Size 67/Type/XRef/W[1 2 1]>>stream The underlying complaint presents the 2, Klusmann 5 (3:11-cv-2800) Doc. 56.) No. MOTION FOR SUMMARY JUDGMENT; NOTICE OF SECOND PREHEARING/SETTLEMENT CONFERENCE ORDER DENYING COMPLAINANT'S MOTION FOR SUMMARY JUDGMENT As a preliminary matter, the Hawaii Labor Relations Board (Board) notes that certain exhibits filed with the Board contain confidential information that is not relevant to the Board's determination of the motions … In the summer of 2004, two labs at the University of On March 8, 2004, the plaintiff, Frank Long, a citizen of Missouri, filed a complaint in this Court alleging medical malpractice against the defendants, who are citizens of Michigan. 6, 2017 Order Denying Government’s Motion for Summary Judgment Without Prejudice; Granting Twitter’s Motion for Order Directing Defendants to Expedite Security Clearance (Dkt. District Judge David Nuffer . 13 JUDGE ORDER DENYING MOTION TO COMPEL ARBITRATION; GRANTING MOTION FOR SUMMARY JUDGMENT Re: Dkt. The plaintiff contends %PDF-1.5 %���� As a general rule, the issue of fraud is not appropriate for determination on a motion for summary judgment, but requires the trier of fact to hear testimony … �A�����)AzYW��X$��\�Ml��ֿ�VQ��ɬ*��% �b����-���4�fE�W3��Y��6��~���֙#�{��@�PN�ǽ�דT�w��&ե�0b�R���l�3�(��J�Ј3If��6 ��/C ��X�:SE�?~J�B7���*T��aUh���2�'�M�M�#��.T�Bw-ϒ�fT���r�k�$6�� aw2LE�u�7UM~�q��9�4�.�j��[r����Ɇ�YV7�r�j���.��w�e0K$~�7�%��#50��ޘ]��>�.��3B�B8�f��;�(��0����+�v~d������K磹�a4`a�au��!�#�� >�X��)xE6�;��,{?x�=���;N��koY��E&h��y����{u�?� ���f4��͋� �#&���ӷ?OBމ�x+E;x��c|v�a�ы���>r١�C�W� Nq�� On October 3, 2015, Plaintiff Southwest Key Programs, Inc. (“Plaintiff Southwest Key”) filed a response in opposition to the motion. 54 0 obj <> endobj No. hS�j�@��ylܽI+ ��N�P�&M��a#om�.F�P�ﻳ��1)I�hGsf4g�s$ �M�5*VXe5�d�ZK�e]ˡ舔z�����2�XQUf�џ�5Y�K�Ҕ?v�F z]�|�f�;��0��j��u؆�(��,}(�pz��R)呥<2Z%3Q2KfbdF���tS%>U�SK|����[��a�6�F��(�K���ܪ�����(�Y�`L�25�,]��e��a`x=u�R�J�[��h %#���d����RMW)�J�W�x���� On … ORDER DENYING PABST’S MOTION FOR SUMMARY JUDGMENT (DOC. ORDER DENYING DEFENDANT UBER TECHNOLOGIES, INC.’S MOTION FOR SUMMARY JUDGMENT (Docket No. Since that order, the parties have engaged in extensive discovery. 42. OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DKT. Its financial problems stemmed from product liability litigation. DE [58] Plaintiff filed a Response in Opposition on April 11, 2013. No. 0 Defendant STS Health, LLC (“STS”) filed a Motion for Summary Judgment (the “Motion”). 2:14-cv-00806-DN . endstream endobj 55 0 obj <> endobj 56 0 obj <> endobj 57 0 obj <>stream OPINION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Presently before the Court is the defendants’ motion for summary judgment. endstream endobj startxref The Court sets forth herein an abbreviated summary of the history as relevant to the instant motions. (“LVNV”), %%EOF ORDER DENYING DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT Before the Court is Defendant’s Amended Motion for Summary Judgment (“Motion”) filed July 18, 2013, doc. … 1 case no. The Home Depot U.S.A., Inc. purchased ladders from Krause and sold them in its stores before and after Krause filed bankruptcy. Defendants’ Motion ent- for Summary Judgment on Neglig Misrepresentation Claims[Aoki (3:13-cv -1071) Doc. No. It is also ORDERED that the Motion designated in this Order as Plaintiff’s Admission and Summary Judgment Motion is DENIED. 116, 117. The parties are ORDERED to confer and to submit to the Court, within 14 days, a proposed briefing schedule to address the injunctive relief to which Plaintiffs are entitled as a result of the foregoing decision. In its major features (of which the conclusiveness of judicial endstream endobj 280 0 obj <>stream No. 79 , 82 in this interpleader action is a motion to compel arbitration by -Antonio Sgromo (“Sgromo”), Dkt. 22, Greer (3:12-cv-1672) Doc. 135) Pabst Brewing Company moves for summary judgment on plaintiff’s claims that asbestos-containing products on the Pabst premises caused Daniel Ahnert to contract asbestos-related diseases. hX�r۶~����㳼���tF��F�c�Dr7's� 5/ EFiled: Mar 26 2015 01:46PM EDT Transaction ID 56980026 v. ) MOTION FOR SUMMARY ) JUDGMENT AND DENYING JOHN STEFANCHIK, et al., ) DEFENDANTS’ MOTION FOR ) SUMMARY JUDGMENT Defendants. ) Taking offense at this pe rceived … DEFENDANT’S MOTION FOR SUMMARY JUDGMENT . 18022250 1600 Smith Street, Suite, 4050 Houston, Texas 77002 Telephone: (713) 650-3850 Facsimile: (713) 650-3851 ATTORNEY FOR PLAINTIFFS ORDER DENYING MOTION SUMMARY JUDGMENT Judgment is DENIED. ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff James Newsome brought this action under the Family & Medical Leave Act (“FMLA”), 29 U.S.C. That order also stated that any pleadings the defendants wished to file, responsive to plaintiff’s motion for summary judgment or otherwise, must be filed by October 31, 2005. Cago, Inc. (“Cago”) seeks to deny the dischargeability of its claim and Mr. Slade’s discharge under various subsections of 11 U.S.C. ORDER denying #29 Defendant's Motion for Summary Judgment and granting #30 Plaintiffs' Motion for Partial Summary Judgment. Shawn Michael Humes (the “Plaintiff”) filed this adversary proceeding against LVNV Funding, L.L.C. SCP OAH: (253) 476•6888 Page 1 of 14 2.4. %PDF-1.6 %���� ORDER DENYING DEBTOR’S MOTION FOR SUMMARY JUDGMENT I. : 5:13-cv-03942-ejd order granting in part and denying in part defendant’s motion for summary judgment 1 2 3 4 5 6 7 8 9 10 11 12 chemicals they identified.” Order Denying Defendant’s Motion to Dismiss at 1–2, Docket No. On September 13, 2005, the court issued an order denying the defendants’ motion to dismiss without prejudice, finding that the dismissal motion was untimely filed. These motions are the only ones pending before the Court. �PA�b�;K�3�j��Ax��Tn�3���F�5g2�1�?w�;d�A�y��5�m=���S�s:�9i�o �1�x Order Granting Plaintiff’s Motion for Summary Judgment on First Claim for Relief and Denying Defendant’s Cross-Motion for Summary Judgment This matter comes before the Court on Colorado Oil and Gas Association’s (“COGA”) Motion for Summary Judgment on its First Claim for Relief and the City of Fort Collins’s (“City”) Cross-Motion for Summary Judgment. 25) In this case, a former casino employee claims that she was fired in violation of the Family Medical Leave Act (“FMLA”). Accordingly, the Court DENIES the IHG Defendants’ Motion for Summary Judgment. 28, Christopher (3:14-cv-1994) Doc. Daniel Ahnert filed a lawsuit in this district in 2010 alleging that he had been diagnosed with non-malignant asbestosis caused by … ORDER DENYING MOTION FOR SUMMARY JUDGMENT Now before the Court is the Defendants’ Motion for Summary Judgment and/or for Judgment on the Pleadings (“Motion for Summary Judgment”). 186). Memorandum and Order Denying Motion for Summary Judgment Page 5 of 5 parties show that there are sharp disagreements as to matters of material fact that are not suitable for resolution on a motion for summary judgment. 65), filed on January 22, 2019. 12. �I��� They now bring Cross-Motions for Summary Judgment. >�a�/������\�m�q���=�l�|���*���=��Ü?�0)؊��DžzL>(Eϗ����K�O��W���\���#��N��=��8�' ���bѮ��O��m�q�Z�N�p�f5��3L�� �8����.aC8���������@V�U o�%\�ЮkΡ*9|�u��͚�p��~�`Yu5*-TPC[��ZT�@#�`v4�\��%tP�#� �>�����+�t�{1�s�j� �>?�ޟEQ�.��uq']?� G�"���ĎkVp�^�~7��:o����U��W����W�&-�E6,W���gQ�/r�%{P��q>���x��� ����Zlڪ�w}��ȕ;r�N"ߘ���y��~cд��4ox݊��Β� �Q�U���l����iI� ��䑧(\�^2x�`�ݵ�Z��[��6�qx'�":;�y�4����A)@�x��=i\+}�;��k�?\'����ŧ~��&h�Z��,��]Q)K�Z��(#b �EE�g�N�r�����7:�{ڿ�q���֘t�� � ��3�Ղ���|z�ȩ�j>t,L��}"��2e���:zaIsv���>$!P�%�>�8�r�G�jr!V3J}8�F��#r������͜�cv���I1m��a���w Assuming you are defendant this is positive for you. Having been thoroughly briefed by the parties, this Court took the matter under submission on [date]. Check the 4 week later documents, as they may just have been a submission of a formal "order" for the court to enter on its previous verbal ruling. ORDER DENYING WILSON’S MOTION FOR SUMMARY JUDGMENT AND GRANTING KOWALSKI’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court on Third Party Defendant’s Motion for Summary Judgment Regarding Plaintiff’s Third Amended Complaint, Statement of Material Facts, and Supporting Memorandum of Law [DE 188] (“Wilson Motion”) and ORDER DENYING MOTION FOR SUMMARY JUDGMENT _____ BEFORE THE COURT is the Plaintiff’s moti on for summary judgment filed February 27, 2004. (Doc. ޯu?� �(�DnV/h��q��EXF}ذ��9_��sq��}XB�����B���|��A�B��p�d���Ɏ $s�a)���Y+�iJ��D /�"�{|�"��L��g�\�f 2 �'���ߟ�B{���e�����ߕ�#�[d�E��F2������^-�D��h� L�3���L{�Lt���ы/��i$' �����^�S��m�F�x�{{�bc���C�14�Zx��HWҏ�1CS���>a<0�*Y�g���kL;F��`/&��b�z�x-��������˃$V��>��k�F�qL�{_rOhm�a���L�n�f�N���ǧ�k N'4:a� OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT In this insurance coverage dispute, plaintiff Ric-Man Construction, Inc. moves for summary judgment declaring that defendant Pioneer Special Risk Insurance Services, Inc. breached its duty to defend, and ultim ately to indemnify, the plaintiff in litigation ending in a state court. ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Before the Court is Defendants’ Motion for Summary Judgment (Dkt. 66 0 obj <>stream Answered on Jul 08th, 2013 at 2:22 PM On its face, it means that the Court denied the Plaintiff's motion. See Docket Nos. No. 2.5. 72.) No. ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Before the Court is Plaintiff’s Motion for Summary Judgment (“Motion”) filed January 30, 2009. The IHG Defendants’ objections and exceptions to this Order are noted and preserved. It is also ORDERED that … h�bbd``b`j�@��b��'1012I00b%�3v�0 �+� Defendants' Motion for S Done at Houston, Texas, APPROVED: Douglas M. Selwyn state Bar No. ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT _____ Before the Court is Defendant’s Motion for Summary Judgment. hބU�r�F}�W�S Therefore, the Respondents did not solicit or transact insurance business as unauthorized insurers in apparent violation of RCW 48.15.020(1). 406), and denies Plaintiffs’ motion for summary judgment on that … ORDER DENYING [64] MOTION FOR SUMMARY JUDGMENT : Case No. Whether, notwithstanding the ordinary rule that a pretrial denial of a motion for summary judgment is not reviewable on appeal, there is an exception for summary judgment decisions that … 279 0 obj <>stream (Doc. §§ 523 and 727. The following facts are undisputed. Accordingly, for the reasons stated herein ORDERED that Defendant’s late Response to the Request for Admissions is ACCEPTED AS TIMELY. 172)); November 27, 2017 Order Denying Motion for Reconsideration (Dkt. endstream endobj 58 0 obj <>stream The Defendant filed a response on April 14, 2004, and the court conducted a hearing to consider the arguments of the parties on May 18, 2004. Plaintiff Summer Gardner (“Plaintiff”) is a former employee of Defendant Detroit Entertainment, LLC d/b/a Motorcity Casino (“Defendant”). DE [69] The Court conducted a hearing on all motions on May 14, 2013. OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT The parents of Joel Curry, a fifth-grade student at a public school in Saginaw, Michigan, became upset at Joel’s teachers who would not let him display a Christian message on a school project. Based on the motion, responses, and arguments from counsel for both parties, the Court finds See Docket No. _____) I. 56] On August 10, 2016, Defendant the City of Escondido (“Defendant”) filed a motion for summary judgment. INTRODUCTION This matter comes before the Court on plaintiff’s motion for summary judgment, and defendants John Stefanchik’s and Beringer Corporation’s (“Beringer”) related motion for partial summary judgment. Before the Court are the following dispositive motions filed by Defendants: 1. INTRODUCTION Before filing bankruptcy, Debtor sued Suburban Mobility Authority for Regional Transportation (“SMART”). No.
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