DC-428 Warrant in Debt Interpleader
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Compulsory Counterclaim Committee
Report of Boyd-Graves Conference Compulsory Counterclaim Committee Members of the Committee to Study a Proposal to Adopt a Compulsory Counterclaim Rule are Stuart Raphael, Ham Bryson, Bob Mitchell, David Anthony, Jack Costello, Kent Sinclair, Lisa O’Donnell, Bill Mims, and Robin Wood, Chairman. The Committee has met thrice by conference call: on March 25, 2008, April 30, 2008, and May 22, 2008. In the initial conference the Chairman polled members of the Committee to determine if there was a consensus among members of the Committee in favor of a compulsory counterclaim. Seven members of the Committee said they were in favor of a compulsory counterclaim, and two members of the Committee expressed reservations about a compulsory counterclaim rule. In response to an inquiry about a compulsory counterclaim rule in other states, Kent thought that over 40 states had adopted a compulsory counterclaim rule. The Chairman asked members to state their reasons for their position. Those members who were in favor of the rule felt that it was good public policy for all claims arising out of the same transaction or occurrence to be joined in one action. A compulsory counterclaim rule promotes judicial economy and efficiency. Under Rule 1:6, the plaintiff is required to join all claims that arise out of an identified conduct, transaction or occurrence, or later be barred from bringing a second or subsequent action against the same opposing party (parties) arising out the same conduct, transaction or occurrence. The adoption of a compulsory counterclaim rule would require the opposing party to state a claim arising out of the conduct identified in the complaint, crossclaim, or third party claim. -
May 2 8 2019
Case 3:17-cv-01127-WQH-KSC Document 142 Filed 05/28/19 PageID.<pageID> Page 1 of 50 1 FILED 2 MAY 2 8 2019 3 CLERK, U.S. DISTRICT COURT SOUTi'lcRN DISi'RICT OF ~)~1.IFORNIA 4 B'f _0:!:. OEP~!JY. 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KENNETH J. MOSER, individually, and Case No.: 17cvl 127-WQH(KSC) --~ _ on behalf of all others similarl:x situated,,_.1_________________ 1 __ 12 ORDER RE JOINT MOTION FOR Plaintiff, 13 DETERMINATION OF DISCOVERY v. DISPUTE RE INTERROGATORIES 14 AND DOCUMENT REQUESTS HEALTH INSURANCE 15 SERVED ON PLAINTIFF BY INNOVATIONS, INC., a Delaware DEFENDANT DONIS! JAX, INC. 16 corporation, et al., 17 Defendants. [Doc. Nos. 97 and 98.] 18 19 20 Before the Court are: (1) a 76-page Joint Motion for Determination of Discovery 21 Dispute [Doc. No. 97] addressing interrogatories served on plaintiff by defendant Donisi 22 Jax, Inc.; and (2) a 151-page Joint Motion for Determination of Discovery Dispute 23 addressing document requests served on plaintiff by defendant Donisi Jax, Inc. [Doc. No. 24 98.] In these two Joint Motions, defendant Donisi Jax, Inc. seeks an order compelling 25 plaintiff to provide further, substantive responses to certain interrogatories and document 26 requests. The subject interrogatories and documents requests at issue are interrelated as 27 they seek documents and information on the same topics. These two Motions are the fifth 28 and sixth discovery disputes in this case [Doc. Nos. 75, 83, 84, 87, 99, 100, 101, 102, 118], I . -
DISC-001 Form Interrogatories
DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT TITLE OF CASE: FORM INTERROGATORIES—GENERAL CASE NUMBER: Asking Party: Answering Party: Set No.: Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward as (a) Interrogatories are written questions prepared by a party to an the information reasonably available to you, including the action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. answered under oath. The interrogatories below are form If an interrogatory cannot be answered completely, answer it interrogatories approved for use in civil cases. to the extent possible. (b) For time limitations, requirements for service on other parties, (d) If you do not have enough personal knowledge to fully and other details, see Code of Civil Procedure sections answer an interrogatory, say so, but make a reasonable and 2030.010–2030.410 and the cases construing those sections. good faith effort to get the information by asking other (c) These form interrogatories do not change existing law persons or organizations, unless the information is equally relating to interrogatories nor do they affect an answering available to the asking party. party’s right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by referring to Sec. 2. Instructions to the Asking Party a document, the document may be attached as an exhibit to (a) These interrogatories are designed for optional use by parties the response and referred to in the response. -
Elements of Negligence Under the Tort of Negligence, There Are Four Elements a Plaintiff Must Establish to Succeed in Holding a Defendant Liable
Elements of Negligence Under the tort of negligence, there are four elements a plaintiff must establish to succeed in holding a defendant liable. The Court of Appeals of Georgia outlined the elements for a prima facie case of negligence in Johnson v. American National Red Cross as follows: “(1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the conduct and the resulting injury; and (4) damage to the plaintiff.” Johnson, 569 S.E.2d 242, 247 (Ga. App. 2002). Under the first element, a legal duty to a standard of due care, the plaintiff must prove the defendant had a duty to conform to a standard of conduct for protection of the plaintiff against an unreasonable risk of injury. The duty of care will be determined by the applicable standard of care and several factors can heighten the standard of care depending upon the relationship between the parties, whether the plaintiff was foreseeable, the profession of the defendant, etc. For example, the Red Cross has a duty, when supplying blood donations to hospitals, to make its best efforts to ensure blood supplied is not tainted with any transferable viruses or diseases, such as an undetectable rare strain of HIV. A breach of the duty of care occurs when the defendant’s actions do not meet the required level of applicable standard of care due to the plaintiff. Whether a breach of the duty of the applicable standard of care occurs is a question for the trier of fact. -
Government's Response in Opposition to Defendant's Motion for a Bill of Particulars
Case 1:16-cr-00143-LO Document 80 Filed 01/10/17 Page 1 of 13 PageID# 361 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA ) ) v. ) Criminal No.: 1:16-CR-143-LO ) MOHAMAD JAMAL KHWEIS, ) ) Defendant. ) Hearing: January 19, 2017 at 2:00 p.m. GOVERNMENT’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR A BILL OF PARTICULARS The United States of America, by and through its undersigned attorneys, submits that defendant Mohamad Jamal Khweis’s motion for a bill of particulars is unsupported as a matter of law and under the particular factual circumstances of this case. The crux of the defendant’s grievance concerns the alleged sweeping nature of 18 U.S.C. § 2339B, the statute that criminalizes the provision of material support or resources to designated foreign terrorist organizations. In his motion, however, the defendant glosses over the fact that the government specifically referred to “personnel” and “services” in the charging language of the initial indictment, directly pointing him to the two statutory means of material support or resources that are consistent with his alleged criminal conduct. The references to “personnel” and “services,” in the initial indictment as well as in the superseding indictment, has the added benefit of being entirely consistent with the discovery the government provided months ago detailing the defendant’s criminal conduct under those two forms of material support or resources. Further, the defendant argues that the government is required to identify in a bill of particulars the unindicted co-conspirator(s) with whom the defendant conspired. -
Civil Dispositive Motions: a Basic Breakdown
Civil Dispositive Motions: A Basic Breakdown 1) Simplified Timeline: Motion for 12(b)(6) Motions JNOV** Summary Judgment Motions* Motion for New Trial Motion Motion for D.V. for D.V. (Rul 10 days Discovery and Mediation Plaintiff‟s Defendant‟s Evidence Evidence Process Complaint Trial Jury‟s Entry of Judgment Filed Begins Verdict * Defendant may move at any time. Plaintiff must wait until 30 days after commencement of action. **Movant must have moved for d.v. after close of evidence. 2) Pre-Trial Motions: Rule 12(b)(6) and Summary Judgment A. Rule 12(b)(6) Motions to Dismiss 1. Challenge the sufficiency of the complaint on its face. Movant asks the court to dismiss the complaint for “failure to state a claim upon which relief may be granted.” 2. Standard: The court may grant the motion if the allegations in the complaint are insufficient or defective as a matter of law in properly stating a claim for relief. For example: a) The complaint is for fraud, which requires specific pleading, but a required element of fraud is not alleged. 1 b) The complaint alleges breach of contract, but incorporates by reference (and attaches) a contract that is unenforceable as a matter of law. c) The complaint alleges a claim against a public official in a context in which that official has immunity as a matter of law. 3. The court only looks at the complaint (and documents incorporated by reference). a) If the court looks outside the complaint, the motion is effectively converted to a summary judgment and should be treated under the provisions of Rule 56. -
State Judicial Profiles by County 2019-2020
ALWAYS KNOW WHAT LIES AHEAD STATE JUDICIAL PROFILES BY COUNTY 2019-2020 PREPARED BY THE MEMBER FIRMS OF ® ® USLAW NETWORK STATE JUDICIAL PROFILE BY COUNTY USLAW is your home field advantage. The home field advantage comes from knowing and understanding the venue in a way that allows a competitive advantage – a truism in both sports and business. Jurisdictional awareness is a key ingredient to successfully operating throughout the United States and abroad. Knowing the local rules, the judge, and the local business and legal environment provides our firms’ clients this advantage. USLAW NETWORK bring this advantage to its member firms’ clients with the strength and power of a national presence combined with the understanding of a respected local firm. In order to best serve clients, USLAW NETWORK biennially updates its county- by-county jurisdictional profile, including key court decisions and results that change the legal landscape in various states. The document is supported by the common consensus of member firm lawyers whose understanding of each jurisdiction is based on personal experience and opinion. Please remember that the state county-by-county comparisons are in-state comparisons and not comparisons between states. There are a multitude of factors that go into such subjective observations that can only be developed over years of experience and participation. We are pleased on behalf of USLAW NETWORK to provide you with this jurisdictional snapshot. The information here is a great starter for discussion with the local USLAW member firm on how you can succeed in any jurisdiction. This conversation supplements the snapshot because as we all know as with many things in life, jurisdictions can change quickly. -
Case 2:12-Cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27
Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA HOWARD KEPHART and DIANE ) KEPHART, ) Civil Action No. 2:12-668 ) Plaintiffs, ) Judge Kim R. Gibson ) v. ) ) ABB, INC., ) ) Defendant; Third-Party ) Plaintiff, ) ) v. ) ) THE BABCOCK & WILCOX ) COMPANY, et al., ) ) Third-Party Defendants ) MEMORANDUM AND ORDER OF COURT I. Synopsis Before the Court in this matter are three motions: (1) a motion to dismiss (ECF No. 94) filed by Third-Party Defendants Babcock & Wilcox Company, Babcock & Wilcox Investment Company, and Babcock & Wilcox Power Generation Group (“B & W” or “B & W Defendants”); (2) a motion for partial summary judgment (ECF No. 108) filed by Defendant/ Third-Party Plaintiff ABB, Inc. (“ABB”); and (3) a motion for consolidation of oral argument (ECF No. 111) filed by Defendant/ Third-Party Plaintiff ABB, Inc. The primary issue argued by the parties is whether Pennsylvania’s statute of repose, 42 Pa. Cons. Stat. § 5536, provides protection from liability in this action to Third-Party Defendants B & W and to Defendant ABB. Based on the record before the Court and after Case 2:12-cv-00668-KRG Document 131 Filed 03/18/15 Page 2 of 27 a careful review of Pennsylvania’s statute of repose and the relevant case law, the Court finds that the statute of repose bars ABB’s contribution claims against the B & W Defendants, but does not bar Plaintiffs’ products liability and negligence claims against ABB. Accordingly, and for the reasons explained below, the Court will GRANT B & W’s motion to dismiss and will DENY ABB’s motion for partial summary judgment. -
Eddie C. Pratcher, Jr. V. Methodist Healthcare Memphis Hospitals, 407
IN THE SUPREME COURT OF TENNESSEE AT JACKSON November 8, 2012 Session Heard at Memphis EDDIE C. PRATCHER, JR. v. METHODIST HEALTHCARE MEMPHIS HOSPITALS ET AL. Appeal by Permission from the Circuit Court for Shelby County No. CT-0070011-00 Donna M. Fields, Judge No. W2011-01576-SC-S09-CV - Filed June 28, 2013 The primary issue in this interlocutory appeal is whether the Tennessee health care liability statute of repose, Tenn. Code Ann. § 29-26-116(a)(3) (2012) (“the statute of repose”), is an affirmative defense under Tenn. R. Civ. P. 8.03, that is waived if not raised in a timely manner. Sandra Y. Jones Pratcher died following complications that arose on December 4, 1999, when she received anesthesia before undergoing a cesarean section. On December 1, 2000, her husband, Eddie C. Pratcher, Jr., (“Plaintiff”) filed suit against various health care providers, including Consultants in Anesthesia, Inc. (“Defendant”) and one of its nurse anesthetists. Plaintiff alleged that Defendant, which contracted with the hospital to provide anesthesia services to its obstetric patients, was vicariously liable for the negligent acts of its nurse anesthetist. Plaintiff amended his complaint on March 3, 2006, to assert that Defendant was also vicariously liable for the negligent actions of its corporate owner and president, Dr. Chauhan, who was on call on December 4, 1999, but failed to come to the hospital to administer anesthesia to Plaintiff’s wife. Plaintiff amended his complaint two more times and each time asserted that Defendant was vicariously liable for the negligent acts of Dr. Chauhan. Defendant did not raise the statute of repose as a defense to the vicarious liability claim based on Dr. -
The Evolution of Australian Competition Law
The Evolution of Australian Competition Law CONTENTS The origins of competition law 11 Limitations of the common law 3 Antitrust statutes in the United States 6 Developments in Australia 9 European Union 23 The origins of competition law Competition law can be traced back to ancient times. Thus, for example, the fi rst attempt to comprehensively codify the law, the eighteenth-century bce Babylonian Code of Hammurabi, contains rules that can be interpreted as curtailing the power of monopolists to engage in price gouging, and in the fi fth century ce the East Roman Emperor Zeno prohibited and exiled monopolists in terms remarkably similar to those used in modern statutes. More recently, and closer to the source of modern Australian law, it is possible to discern in the early English common law at least three lines of attack on anti-competitive conduct.1 Attacks on monopolies Before the Case of Monopolies—Darcy v Allein (1602) 77 ER 1260, the Crown had a practice of granting monopolies in certain lines of trade. These allowed the grantee to engage in a particular trade, without competition, in exchange for royalties paid to the Crown. Darcy v Allein (1602) 77 ER 1260 Court of Kings Bench [Darcy held letters patent from the Crown granting him the exclusive right to import, make and sell playing cards in England for 21 years. Contrary to this grant, Allein made and imported playing cards and sold them to consumers. Darcy thereupon took proceedings against Allein for infringing his letters patent. The fi rst issue that arose was whether their grant was valid.] 1 For a more detailed examination of this topic, see Letwin, ‘The English Common Law Concerning Monopolies’ 21 University of Chicago Law Review 355 (1954). -
Initial Stages of Federal Litigation: Overview
Initial Stages of Federal Litigation: Overview MARCELLUS MCRAE AND ROXANNA IRAN, GIBSON DUNN & CRUTCHER LLP WITH HOLLY B. BIONDO AND ELIZABETH RICHARDSON-ROYER, WITH PRACTICAL LAW LITIGATION A Practice Note explaining the initial steps of a For more information on commencing a lawsuit in federal court, including initial considerations and drafting the case initiating civil lawsuit in US district courts and the major documents, see Practice Notes, Commencing a Federal Lawsuit: procedural and practical considerations counsel Initial Considerations (http://us.practicallaw.com/3-504-0061) and Commencing a Federal Lawsuit: Drafting the Complaint (http:// face during a lawsuit's early stages. Specifically, us.practicallaw.com/5-506-8600); see also Standard Document, this Note explains how to begin a lawsuit, Complaint (Federal) (http://us.practicallaw.com/9-507-9951). respond to a complaint, prepare to defend a The plaintiff must include with the complaint: lawsuit and comply with discovery obligations The $400 filing fee. early in the litigation. Two copies of a corporate disclosure statement, if required (FRCP 7.1). A civil cover sheet, if required by the court's local rules. This Note explains the initial steps of a civil lawsuit in US district For more information on filing procedures in federal court, see courts (the trial courts of the federal court system) and the major Practice Note, Commencing a Federal Lawsuit: Filing and Serving the procedural and practical considerations counsel face during a Complaint (http://us.practicallaw.com/9-506-3484). lawsuit's early stages. It covers the steps from filing a complaint through the initial disclosures litigants must make in connection with SERVICE OF PROCESS discovery. -
Article 49. Pleadings and Joinder. § 15A-921. Pleadings in Criminal Cases. Subject to the Provisions of This Article, the Fo
Article 49. Pleadings and Joinder. § 15A-921. Pleadings in criminal cases. Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases: (1) Citation. (2) Criminal summons. (3) Warrant for arrest. (4) Magistrate's order pursuant to G.S. 15A-511 after arrest without warrant. (5) Statement of charges. (6) Information. (7) Indictment. (1973, c. 1286, s. 1; 1975, c. 166, s. 18.) § 15A-922. Use of pleadings in misdemeanor cases generally. (a) Process as Pleadings. – The citation, criminal summons, warrant for arrest, or magistrate's order serves as the pleading of the State for a misdemeanor prosecuted in the district court, unless the prosecutor files a statement of charges, or there is objection to trial on a citation. When a statement of charges is filed it supersedes all previous pleadings of the State and constitutes the pleading of the State. (b) Statement of Charges. (1) A statement of charges is a criminal pleading which charges a misdemeanor. It must be signed by the prosecutor who files it. (2) Upon appropriate motion, a defendant is entitled to a period of at least three working days for the preparation of his defense after a statement of charges is filed, or the time the defendant is first notified of the statement of charges, whichever is later, unless the judge finds that the statement of charges makes no material change in the pleadings and that no additional time is necessary. (3) If the judge rules that the pleadings charging a misdemeanor are insufficient and a prosecutor is permitted to file a statement of charges pursuant to subsection (e), the order of the judge must allow the prosecutor three working days, unless the judge determines that a longer period is justified, in which to file the statement of charges, and must provide that the charges will be dismissed if the statement of charges is not filed within the period allowed.