ARGUMENT. The parties will not cite exhaustive arbitral jurisprudence but will normally refer to Xxxxx & Xxxxxx or Xxxxxx for summary purposes.
ARGUMENT. Oral argument or briefs on a motion may be ordered by the As- sistant Administrator or the adminis- trative law judge.
ARGUMENT argument of the complaining Party;
ARGUMENT. THE STANDARD OF REVIEW This Court reviews the district court's granting of the preliminary injunction under an "abuse of discretion standard." XXXXXX V. PUBLIC EMPLOYEE RET. HEALTH SYS. OF OHIO, 160 F.3d 310, 312 (6th Cir. 1998). Such injunctions "will seldom be disturbed unless the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal standard. ID. (citing BLUE CROSS & BLUE SHIELD MUT. OF OHIO V. BLUE CROSS & BLUE SHIELD ASS'N, 110 F.3d 318, 322 (6th Cir. 1997)). Appellate courts afford district courts' decisions to grant preliminary injunctions "great deference," BLUE CROSS & BLUE SHIELD MUT. OF OHIO, 110 F.3d at 322, and "will reverse a district court's balancing of the equities only in the rarest of circumstances." XXXXXX, 160 F.3d at 313. As shown below, the district court properly granted SPG's motion for a preliminary injunction.
ARGUMENT. 21 The 2015 Decision should be upheld because it properly addressed the two key issues that
C. District Court ordered the Secretary to reconsider: whether the Tribe’s membership was 23 limited to five people, and whether the 1998 Resolution established a valid Tribal government.
ARGUMENT. As noted above, this case is in its early stages of discovery and involves a complex subject matter and dozens of parties. In an effort to minimize judicial intervention in the discovery process and better streamline the production of documents and information, Plaintiffs circulated a proposed stipulated Protective Order (Ex. A), a Clawback Agreement (Ex. B), and an ESI Protocol (Ex. C) to all parties. These proposed discovery protocols lay out the handling of protected information and documents, the process for handling inadvertent productions of privileged or confidential information, as well as the method for preserving ESI, collecting and exchanging search terms for ESI, the form of production, prior productions, the handling of privileged information, and more. ELECTRONICALLY FILED - 2024 Aug 22 11:08 AM - CHARLESTON - COMMON PLEAS - CASE#2023CP1002574 These protocols lay out, in detail, proposed plans and limitations on discovery, as well as the form of production and other issues relating to ESI and protocols for claims of privilege or protection of requested information. These proposed protocols lay out, in detail, all of the information required under Rule 26(f) for the setting of a discovery conference. Plaintiffs have made multiple good faith efforts to reach agreement with opposing attorneys on the issues presented in this motion. Plaintiffs have circulated proposed stipulated protective orders and ESI protocols to all parties on multiple occasions requesting and implementing feedback as it is received. Plaintiffs also circulated the latest forms of the Protective Order (Ex. A), Clawback Agreement (Ex. B), and ESI Protocol (Ex. C) on August 14, 2024, requesting that the Parties advise whether they consent or object to same. Plaintiffs received a response from the original developer, Defendant 10 West Edge Owner, LLC providing its consent to the Clawback Agreement and entry of the proposed Protective Order and ESI Protocol. Plaintiffs have not received a response from the remaining Defendants advising whether they consent or object to the proposed Protective Order, Clawback Agreement, and ESI Protocol in their current forms. Thus, Plaintiffs believe that a discovery conference before the Court will encourage open discussion between all parties to come to an agreement on proper discovery protocols to better streamline the discovery process given the complexity of the case.
ARGUMENT. (i) Argument of the complaining Party
(ii) Argument of the Party complained against. [(iii) Argument of the Third Part (y) (ies)]
ARGUMENT. (1) Section 24
(1) Charter Damages Framework 44. The Charter guarantees the fundamental rights and freedoms of all Canadians and provides remedies for their breach. A court which has found the violation of a Charter right has a duty to provide an effective remedy.46 Section 24(1) of the Charter broadly empowers a court to grant “such remedy as the court considers appropriate and just in the circumstances. Trial judges accordingly have extremely wide discretion in determining the appropriate and just remedy under s. 24(1),47 which remedy may include an award of Charter damages.48
ARGUMENT. 15.1 Appellant--45 Minutes.
15.2 Appellee--One Hour.
15.3 Appellant--15 Minutes.
15.4 The Court may examine counsel either during the argument or after the argument is closed.
ARGUMENT. 2.1 Within Cumbria, the financial inclusion agenda has been the subject of considerable focus in recent years with the development of a series of sub- regional strategies and programmes of work: notably the Cumbria Anti-Poverty Strategy and the Debt Rescue and Money Advice (DRAMA) Strategy. The Arts Engagement Post has been created in line with these developments to ensure strategic fit and shared objectives. The post will work alongside the Financial Inclusion Champion and the DRAMA project team as well as the County Council’s Arts Participation Officer.
2.2 CBC will submit a Grant for the Arts application of approximately £60,000 to the Arts Council to fund the delivery of the creative commissions. This money will be matched with a number of additional funding applications, which will be worked up over the next six months.
2.3 The Arts Council stipulated within their grant offer that the post must be contracted for a minimum period of two years and that the third year of funding must be sought by CBC during the first year of contract. The total match secured to date is £35,320 which is more than sufficient to draw down the Arts Council grant for the first two years of £33,700. (2/3 of the £50,300 grant allocation). The Arts Council has also offered a grant of up to £2,000 to cover recruitment.
2.4 The costs associated with the post include the salary and on-costs, recruitment and office support costs. The on-costs have been budgeted at 20% of the salary costs to take into account national insurance and superannuation, travel costs have been identified as a separate line. Please see the table below. Expenditure Year One (£) Year Two (£) Two Year Total (£) Salary Costs 25,220 26,016 51,236 On costs 5,044 5,203 10,247 Recruitment 2,000 0 2,000 Support Costs 2,910 2,910 5,820 Travel 850 850 1,700
