Common use of Motions Clause in Contracts

Motions. The arbitrator may grant a motion to compel discovery, a motion to dismiss, a motion for judgment on the pleadings, and/or a motion for summary judgment. In ruling on any motion, the arbitrator will apply the standard governing such motions under the current Federal Rules of Civil Procedure and applicable case law. When the arbitrator finds that one or more of a party’s claims fail to state a legal claim upon which relief could be granted in a court of law, the arbitrator shall grant the other party’s motion to dismiss for failure to state a claim upon which relief may be granted. In the arbitrator’s discretion, the dismissal of said claim(s) may be either with or without prejudice.

Motions. The arbitrator may grant a motion to compel discovery, a motion to dismiss, a motion for judgment on the pleadings, pleadings and/or a motion for summary judgment. In ruling on any motion, the arbitrator will apply the standard governing such motions under the current Federal Rules of Civil Procedure and applicable case law. When the arbitrator finds that one or more of a party’s claims fail to state a legal claim Legal Claim upon which relief could be granted in a court of law, the arbitrator shall grant the other party’s motion to dismiss for failure to state Motion To Dismiss For Failure To State a claim upon which relief may be grantedClaim Upon Which Relief May Be Granted. In the arbitrator’s discretion, the dismissal of said claim(s) may be either with or without prejudice.