New York Action definition

New York Action means the putative class action pending in the Supreme Court of the State of New York, captioned Xxxxxxxx v. The Xxxxxxx Xxxxx Group, Inc., Index. No. 11112770. (mm) “New York Plaintiff” means Xxxxxx X. Xxxxxxxx.2
Sample 1
New York Action means the putative class action filed in the Southern District of New York, entitled, Xxxxxx Xxxxxx, on behalf of himself and all others similarly situated, v. FCTI, Inc., Case No. 1:22-cv-04315-JSR (S.D.N.Y.).
Sample 1
New York Action means the action captioned John A. Hinson and John W. Temple v. RGI Holdings, Inc., RGI/US Holdings, Inc. and Kenneth L. Uptain, filed in the United States District Court for the Southern District of New York.
Sample 1

Examples of New York Action in a sentence

  • If Subrecipient is a UGLG, it shall have a written and adopted Citizen Participation Plan that complies with the requirements set forth in the State of New York Action Plan for Community Development Block Grant Program Disaster Recovery, dated April 2013, as amended (“Action Plan”).

  • In response, plaintiffs argue that this Court should refuse to grant a stay because the complaint in the New York Action contains meager Caremark allegations compared to the Complaint in this action.

  • Defendants seek a stay of this action in favor of the New York Action.

  • The parties agree that the New York Action was first commenced on November 6, 2007.

  • According to plaintiffs, the claims in the New York Action are primarily for securities fraud and insider trading and set forth demand futility allegations based on defendants’ misrepresentations, omissions, and insider sales.While the authority of one Court to grant complete relief may be a relevant consideration under the pendency of similar actions prong of the forum non conveniens analysis, it is not outcome determinative.

  • Plaintiffs assert that this action was first commenced on November 7, 2007—meaning it was filed the day after the New York Action.

  • The essence of defendants’ argument in favor of the stay is that the Court in the New York Action is capable of hearing all the claims and that it would be more expedient and convenient to litigate in New York rather than Delaware.24 Such considerations, however, without more, are not sufficient to entitle defendants to a stay on forum non conveniens grounds.III.

  • Those same policy justifications apply when the Court is considering a motion to stay on grounds of forum non conveniens that would have the same practical effect as dismissal.B. Forum Non Conveniens Analysis Although there may be some overlap with the New York Action, defendants have failed to meet their burden of showing hardship that would entitle them to a stay or dismissal in favor of the New York Action.17 First, Delaware law applies to this action.

  • Among other things, Gust was forced to prepare invalidity contentions, to hire a firm to perform prior art searches to assist in that process, and to prepare and brief claim construction.Nor can AlphaCap reasonably complain that Gust moved to transfer venue to its home district or that it filed the New York Action.

  • On August 9, 2019, the Court stayed the New York Action pending a scheduled mediation between the Settling Parties.


More Definitions of New York Action

New York Action means the action previously pending in the Supreme Court of the State of New York, County of New York, captioned BDCM Opportunity Fund II, LP, et al. v. Yucaipa American Alliance Fund I, LP, et ano., No. 650150/2012, including any appeals or petitions to appeal in connection therewith.
Sample 1
New York Action means Resurgence Asset Management, LLC, et al., v. Steve Gidumal, Index No. 651737/2012, in the Supreme Court of the State of New York, County of New York.
Sample 1
New York Action means the litigation titled Alliance Data Systems Corp. and Alliance Data FHC, Inc. v. DoubleClick, Inc., No. 602559/06 (N.Y. Sup. Ct. N.Y. Cty.) and all appeals from such Action.
Sample 1

Related to New York Action

  • Special Court means a Court of Session designated as Special Court under sub-section (1) of section 43;

  • Action shall have the meaning ascribed to such term in Section 3.1(j).

  • New York Court means the courts of the State of New York or the United States District Court for the Southern District of the State of New York.

  • Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.

  • New York Courts shall have the meaning set forth in Section 9(d).

  • sitting means, in relation to a House, a period during which that House is sitting continuously without adjournment, and includes any period during which the House is in committee;

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Ontario Court means the Ontario Superior Court of Justice.

  • Agency action Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: - Order the employer to take affirmative action to xxxxx the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction.

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Clerk of court means the clerk of the court of common pleas of the county in which specified abandoned land is located.

  • clerk of the court means a clerk of the court appointed in terms of section 13 of the Magistrate’s Courts Act, 1944 (Act No. 32 of 1944), and includes an assistant clerk of the court so appointed; (xv)

  • New York Convention means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958;

  • State Court means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of eighteen (18).

  • Appellate Decision-maker means a person who considers and decides appeals of determinations regarding responsibility and dismissals of formal complaints. The Appellate Decision-maker cannot be the same person as the Title IX Coordinator, Investigator, or Decision-maker. The Appellate Decision-maker may be a school district employee, or a third party designated by the school district.

  • Class Action means a legal action:

  • Youth court means the court established pursuant to this chapter to hear all proceedings in

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Selected Courts has the meaning set forth in Section 4.07.

  • Collection Action means any of the following:

  • Issuing court means the court that makes a child custody determination for which enforcement is sought under this chapter.

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Tort action means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons or government entities.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Specified Courts is defined in Section 6.9.