Dispositive Motions definition

Dispositive Motions means motions to dismiss pursuant to Fed.
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Dispositive Motions means motions to dismiss pursuant to Fed. R.Civ. P. 12(b), motions for judgment on the pleadings pursuant to Fed. R.Civ. P. 12(c), motions for summary judgment pursuant to Fed. R.Civ. P. 56, or any other motion which, if granted, would result in the entry of judgment or dismissal, or would dispose of any claims or defenses, or would terminate the litigation.
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Examples of Dispositive Motions in a sentence

  • Raviv, No More Excuses: Toward a Workable System of Dispositive Motions in International Arbitration, 28(3) Arb.

  • Magistrate Judges; Pretrial Orders: (a) Nondispositive Matters 85 (b) Dispositive Motions and Prisoner Petitions 85 Rule 73.

  • Dispositive Motions and Trials Parties may try to end a case expeditiously through a dispositive motion, such as a motion for a default judgment, a motion to dismiss,72 a motion for judgment on the pleadings,73 or a summary judgment motion.74 Such motions – especially summary judgment motions – may themselves be costly and time-consuming.

  • Motions and Non-Daubert based Dispositive Motions shall be filed by August 1, 2014.

  • Dispositive Motions DISPOSITIVE MOTIONS FEDERAL RULES OF CIVIL PROCEDURE Rule 12(b): Motions to dismissRule 12(c): Motion for judgment on the pleadings Rule 56: Summary judgmentRule 50: Motion for judgement as a matter of law in a jury trial (JMOL) Rule 12.

  • SPECIAL PROCEEDINGS72.1 General Authority and Duties of Magistrate Judges 2172.2 Consent Jurisdiction of Magistrate Judges 2272.3 Reference of Dispositive Motions to Magistrate Judges 23X.

  • Dispositive Motions DISPOSITIVE MOTIONS Federal rules of Civil Procedure Rule 12(b): Motions to dismissRule 12(c): Motion for judgment on the pleadings Rule 56: Summary judgmentRule 50: Motion for judgement as a matter of law in a jury trial (JMOL) Rule 12.

  • Time to Schedule and Hear Dispositive Motions Dispositive motions must be scheduled to be heard at least thirty(30) days before a trial date unless the court otherwise orders.

  • Standard of Review for the Dispositive Motions at Issue The issues related to whether an Event of Default has occurred and whether the Plaintiffs have standing in light of the NAC to pursue a receivership claim necessarily intertwine.

  • Regardless of whether a motion for review has been filed, the Magistrate Judge’s ruling remains in effect unless the ruling is stayed or modified by the Magistrate Judge or the District Judge.‌ L.R. 72-3 Dispositive Motions and Prisoner Petitions‌ L.R. 72-3.1 Duties of Magistrate Judge.

Related to Dispositive Motions

  • Dispositional hearing means a hearing to determine the order of disposition which should be made with respect to a child adjudged to be a ward of the court;

  • Sale Motion means the motion or motions of Sellers filed with the Bankruptcy Court seeking approval and entry of the Sale Order.

  • Final Approval Hearing means the hearing before the Court where the Parties will request the Final Judgment to be entered by the Court approving the Settlement Agreement, the Fee Award, and the incentive award to the Class Representative.

  • Member in a Bidding Consortium or “Member” shall mean each Company in a Bidding Consortium. In case of a Technology Partner being a member in the Consortium, it has to be a Company.

  • Sale Hearing means the hearing of the Bankruptcy Court to approve the Sale Procedures and Sale Motion and enter the Sale Approval Order.

  • Sale Order means an order or orders of the Bankruptcy Court in form and substance reasonably acceptable to Buyer and Sellers approving this Agreement and all of the terms and conditions hereof, and approving and authorizing Sellers to consummate the transactions contemplated hereby.

  • DIP Motion means the motion and proposed form of Interim DIP Order filed by the Loan Parties with the Bankruptcy Court on the Petition Date or as soon as reasonably practicable thereafter seeking approval, on an interim and final basis, of (among other things) the DIP Facility, and authorization for the use of cash collateral (including such terms and conditions relating to adequate protection in connection therewith), in each case, in form and substance acceptable to the Agent and the Required Lenders.

  • Restructuring Loss means the loss on a modified or restructured loan measured by the difference between (a) the principal, Accrued Interest, tax and insurance advances, third party or other fees due on a loan prior to the modification or restructuring, and

  • Bankruptcy Court has the meaning set forth in the Recitals.

  • Final Approval Order means the proposed Order Granting Final Approval to the Settlement, to be entered by the Court with terms to be agreed upon by the Parties and consistent with this Agreement.

  • Approval Order means (i) an order in the form attached hereto as Exhibit 2; or (ii) in the event of a timely objection to the motion to approve the Agreement that if sustained would reduce the full Settlement Amount available to pay Asbestos-Released Claims, an order in such form agreed to in writing by the Parties, entered by the Bankruptcy Court that (a) approves this Agreement, (b) authorizes the Parties to undertake the settlement and the sale of the Subject Policies as set forth in this Agreement, and (c) provides for the Injunction.

  • Restructuring Period means, whether or not there are Rated Securities at the time a Restructuring Event occurs, the period of 45 days starting from and including the day on which that Restructuring Event occurs.

  • Restructuring Transactions means the transactions described in Article IV.B of the Plan.

  • Substantive Motion means an original motion or an original motion as amended, but does not include an amendment or a procedural motion.

  • Asset Sales means any sale, issuance, conveyance, transfer, lease, assignment or other disposition by any Borrower to any Person (including by means of a sale and leaseback transaction or a merger or consolidation or similar transaction and including any sale or issuance of the equity interests of any Borrower) (collectively, for purposes of this definition, a “transfer”), in one transaction or a series of related transactions, of any assets of any Borrower; provided, that for purposes of this definition, the term “Asset Sale” shall not include:

  • Fugitive from justice means any person who has fled from any state, territory, the

  • Disposition Date shall have the meaning ascribed thereto in Subsection 5.1(d);

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • Initiating state means a state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23, and is consistent with all material provisions of this Agreement, substantially in the form annexed hereto as Exhibit 5.

  • Final disposition means the burial, interment, cremation, removal from the state, or other disposition of a dead body or fetus.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Resettlement Action Plan or “RAP”, means a plan approved by the Association, to be prepared in accordance with the provisions of the RPF, setting forth principles and procedures governing land acquisition or other associated Project impacts, resettlement and compensation of Affected Persons, as well as reporting and monitoring arrangements to ensure compliance with the said plan, as the same may be amended from time to time with the agreement of the Association, and “Resettlement Action Plans” or “RAPs” shall mean such Resettlement Action Plans, collectively.

  • Restructuring Plan means the Restructuring Plan attached hereto as Schedule 1.1.

  • Restructuring Transaction means a tax free distribution under section 355 of the internal revenue code and includes tax free transactions under section 355 of the internal revenue code that are commonly referred to as spin offs, split ups, split offs, or type D reorganizations.

  • Sale Process means all matters relating to the sale of the Business and the review of strategic alternatives with respect to the Business, and all activities in connection therewith, including matters relating to (a) the solicitation of proposals from and negotiations with third parties in connection with the sale of the Business or Excluded Assets or (b) the drafting, negotiation or interpretation of any of the provisions of this Agreement or the other Transaction Documents, or the determination of the allocation of any assets or Liabilities pursuant to the foregoing agreements or the transactions contemplated thereby.