9 Cited authorities

Hagner v. United States
285 U.S. 427 (1932) Cited 976 times 3 Legal Analyses
Holding that an indictment can be upheld if "the necessary facts appear in any form, or by fair construction can be found within the terms of the indictment"
Vincent v. City Colleges of Chicago
485 F.3d 919 (7th Cir. 2007) Cited 128 times
Holding that Rule 8 of the Federal Rules of Civil Procedure “calls for a short and plain statement; the plaintiff pleads claims, not facts or legal theories”
United States v. Uptergrove
CASE NO. 1:06-CV-1630-AWI-GSA (E.D. Cal. Dec. 18, 2007)
CASE NO. 1:06-CV-1630-AWI-GSA. December 18, 2007 ORDER ON PLAINTIFF'S MOTION FOR DISCOVERY SANCTIONS (Docs. 56, 57 63) GARY AUSTIN, Magistrate Judge INTRODUCTION On November 14, 2006, the United States of America ("Plaintiff"), filed a complaint to reduce to judgment federal tax assessments against defendants Charles Wayne Uptergrove and Martha Gene Freeman Uptergrove ("Defendants"), and to foreclose federal tax liens against real property located at 26662 Road 23, Chowchilla, California, 93613.
Collins v. Wayland
139 F.2d 677 (9th Cir. 1944) Cited 35 times
No. 10481. January 3, 1944. Rehearing Denied January 19, 1944. Appeal from the District Court of the United States for the District of Arizona; David W. Ling, Judge. Action by J.D. Collins against W.R. Wayland and others for damages. From a judgment dismissing the action, upon plaintiff's disregard of defendants' notice to take his deposition and disregard of court's order directing his appearance for the taking of the deposition, plaintiff appeals. Affirmed. E.E. Selden and Thomas Owen Marlar, both
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 99,073 times 679 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,380 times 128 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,363 times 112 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,728 times 134 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Section 308 - Personal service upon a natural person
N.Y. C.P.L.R. § 308 Cited 5,331 times
Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"

Coach, Inc. et al v. Di Da Import and Export Inc.

9 Cited authorities

Holding that an indictment can be upheld if "the necessary facts appear in any form, or by fair construction can be found within the terms of the indictment"

Holding that Rule 8 of the Federal Rules of Civil Procedure “calls for a short and plain statement; the plaintiff pleads claims, not facts or legal theories”

Adopting Fed.R.Civ.P. 37

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"