Xxxxxxx’s Other Lawsuits Sample Clauses

Xxxxxxx’s Other Lawsuits. Xxxxxxxx maintains that the continuation of the Superior Court books-and-records lawsuit, as well as another proceeding instituted by Xxxxxxx over an investment in a different project, results in undue prejudice because Xxxxxxxx is “unfairly burdened, financially and otherwise, by having to defend three different and overlapping lawsuits.” Defs.’ Opp’n at 5–6. Xxxxxxxx further contends that Xxxxxxx should have amended the complaint in the books-and-records action, or filed another case in Superior Court that could have been consolidated with it, instead of bringing this completely separate action. Id. But these arguments go to the filing of this lawsuit in the first place rather than the proposed amendments now before the Court. And while Xxxxxxxx no doubt expended resources briefing the motion to dismiss the original complaint, the Court has considered the arguments presented in the motion to dismiss in assessing the viability of the proposed amendments, which would not be allowed to proceed if they could not withstand those arguments. Moreover, nothing required Xxxxxxx to bring all three suits as one action, especially since they are predicated on different facts and seek relief under different causes of action. The first Superior Court suit, discussed above, seeks corporate records under D.C. law. In the second Superior Court suit, Xxxxxxx alleges that Xxxxxxxx violated state common law when he solicited $50,000 from him for a similar project to convert a tobacco facility in Richmond, VA into a residential building but neither made Sushner an LLC member nor returned his funds. See
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Related to Xxxxxxx’s Other Lawsuits

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  • Settlement of Grievances The applicable procedures of this Agreement shall be followed for the settlement of all grievances. All grievances shall be considered carefully and processed promptly.

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  • Taxes Other Than Income Taxes Upon the timely request by the Interconnection Customer, and at the Interconnection Customer’s sole expense, the CAISO or Participating TO may appeal, protest, seek abatement of, or otherwise contest any tax (other than federal or state income tax) asserted or assessed against the CAISO or Participating TO for which the Interconnection Customer may be required to reimburse the CAISO or Participating TO under the terms of this LGIA. The Interconnection Customer shall pay to the Participating TO on a periodic basis, as invoiced by the Participating TO, the Participating TO’s documented reasonable costs of prosecuting such appeal, protest, abatement, or other contest. The Interconnection Customer, the CAISO, and the Participating TO shall cooperate in good faith with respect to any such contest. Unless the payment of such taxes is a prerequisite to an appeal or abatement or cannot be deferred, no amount shall be payable by the Interconnection Customer to the CAISO or Participating TO for such taxes until they are assessed by a final, non-appealable order by any court or agency of competent jurisdiction. In the event that a tax payment is withheld and ultimately due and payable after appeal, the Interconnection Customer will be responsible for all taxes, interest and penalties, other than penalties attributable to any delay caused by the Participating TO.

  • 200 Domestic Preferences for Procurements As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Does vendor agree? Yes

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