Lee-Bolton et al v. Koppers Inc et al

RESPONSE in Opposition re MOTION to Strike 41 Response in Opposition to Motion A Portion of Defendant McClellan Logging, Inc.'s Response in Opposition to Plaintiffs' Motion to Remand to State Court MOTION to Strike 41 Response in Opposition to Motion A Portion of Defendant McClellan Logging, Inc.'s Response in Opposition to Plaintiffs' Motion to Remand to State Court and Alternative Motion and Incorporated Memorandum of Law Seeking Leave to Exceed Maximum Page Limitation

13 Cited authorities

Sidney-Vinstein v. A.H. Robins Co.
697 F.2d 880 (9th Cir. 1983) Cited 989 times
Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments
Anchor Hocking Corp. v. Jacksonville Elec. Authority
419 F. Supp. 992 (M.D. Fla. 1976) Cited 193 times
Granting motion to strike
O'connor v. Nevada
686 F.2d 749 (9th Cir. 1982) Cited 127 times
Holding that “Nevada has explicitly refused to waive its immunity to suit under the eleventh amendment . . . The Supreme Court has made it clear that section 1983 does not constitute an abrogation of the eleventh amendment immunity of the states”
Ross-Simons of Warwick, Inc. v. Baccarat, Inc.
182 F.R.D. 386 (D.R.I. 1998) Cited 31 times
Concluding without analysis that entitlement to punitive damages "is more appropriately resolved by the motion to dismiss for failure to state a claim upon which relief can be granted"
Palm Beach County Environmental Coalition v. State
651 F. Supp. 2d 1328 (S.D. Fla. 2009) Cited 11 times
Addressing extension of pipeline that received a Certificate of Public Convenience and Necessity from FERC
Yvon v. Baja Marine Corp.
495 F. Supp. 2d 1179 (N.D. Fla. 2007) Cited 11 times
Finding issue of whether privity contract existed between consumers and manufacturers raised a factual question that could not be resolved on a motion to dismiss
Thomas D. Wilson Consulting, Inc. v. Keely Sons
Case No. 4:05CV02115-ERW (E.D. Mo. Jun. 18, 2007) Cited 7 times
Noting the "appropriate time to analyze whether performance was hypothetically possible [within a year] is at the time of formation"
National Org. for Women, Inc. v. Scheidler
897 F. Supp. 1047 (N.D. Ill. 1995) Cited 14 times
Holding that RICO conspiracy claims are governed by the liberal pleading standards of Fed. R. Civ. P. 8, not the heightened requirements of Fed. R. Civ. P. 9(b)
D'Aprile v. Unum Life Insurance Company of America
Case No. 2:09-cv-270-FtM-36SPC (M.D. Fla. Dec. 16, 2010)
Case No. 2:09-cv-270-FtM-36SPC. December 16, 2010 ORDER SHERI CHAPPELL, Magistrate Judge This matter comes before the Court on the Defendant's Opposed Motion to Remedy Technical Defect or in the Alternative, to Supplement Its Response in Opposition to Plaintiff's Motion for Partial Summary Judgment on Liability (Doc. #174) filed on December 14, 2010, and the Plaintiff Denise B. D'Aprile's Motion to Strike Defendant's Response in Opposition to Plaintiff's Motion for Partial Summary Judgment on Liability
Fundi v. Citizens Bank of Rhode Island
CA 07-078 ML (D.R.I. Aug. 21, 2007)
CA 07-078 ML. August 21, 2007 MEMORANDUM AND ORDER MARY LISI, District Judge This matter was referred to Magistrate Judge Almond on Defendant's Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and Defendant's Motion to Strike. Magistrate Judge Almond recommends denial of the Motion to Strike and granting the Motion to Dismiss. Neither party has filed an objection. This Court adopts the Report and Recommendation in its entirety. For the reasons set forth in the Report and Recommendation, Defendant's
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,830 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Lee-Bolton et al v. Koppers Inc et al

13 Cited authorities

Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments

Granting motion to strike

Holding that “Nevada has explicitly refused to waive its immunity to suit under the eleventh amendment . . . The Supreme Court has made it clear that section 1983 does not constitute an abrogation of the eleventh amendment immunity of the states”

Concluding without analysis that entitlement to punitive damages "is more appropriately resolved by the motion to dismiss for failure to state a claim upon which relief can be granted"

Addressing extension of pipeline that received a Certificate of Public Convenience and Necessity from FERC

Finding issue of whether privity contract existed between consumers and manufacturers raised a factual question that could not be resolved on a motion to dismiss

Noting the "appropriate time to analyze whether performance was hypothetically possible [within a year] is at the time of formation"

Holding that RICO conspiracy claims are governed by the liberal pleading standards of Fed. R. Civ. P. 8, not the heightened requirements of Fed. R. Civ. P. 9(b)

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure