10911 & 10919, slip op. 3751-CC, slip op. 1987). However, since a court’s ability to assert personal jurisdiction over a defendant is dependent upon proper service of process,15 if the defect is one which cannot be remedied, the trial forum may end up outside of Delaware. The Court should therefore dismiss this case for lack of jurisdiction. After the immigration judge reopened, F-D-B- conceded removability. R. 19(a). motion), appeal pending, No. 13. Ct. R. 12(b)(3); Super. See also Wilmington Trust Co v Schneider 342 A.2d 240 (Del. See Monsanto Co. v. Aetna Casualty & Surety Co., 559 A.2d 1301, 1308 (Del. • The respondent must demonstrate prima facie eligibility for adjustment of Found inside – Page 1112-7The debtor may file an application or motion to dismiss the case or to convert it to bankruptcy at any time prior to ... or ( 2 ) if the petition was filed pursuant to Rule 11-6 , enter an order adjudicating the debtor a bankrupt if he ... Ch. 26.1. 2009); Nelson v. Russo, 844 A.2d 301, 302-03 (Del. "T rustees for Alasha v. State, 736 P.2d 324, 327 (Alaska 1987) (internal Found inside – Page C-42Judgment was entered on day period to answer the government's proAugust 19 , 1992 . posed motion to dismiss . ... government filed a motion to adjudicate , district court has determined that none of asking the court to dismiss the case ... Ct. R. 19(b); Super. What are the benefits of a stay of . If the absent person should join as a plaintiff but refuses to do so, that person may be made a defendant, or, in a proper case, an involuntary plaintiff. If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. On the other hand, act up or screw around and you may find out first-hand what it’s like to be revoked. v. United States, 09-33309, by the Court in a previous order.See ECF No. 5. Courts have considered such factors as judicial economy, the motives of the parties in filing suit, and public policy.49.1 Where there is a similar action pending in another jurisdiction, some relevant (though not necessarily dispositive) considerations include whether one of the actions includes more parties50 or more claims51 than the other, whether one of the actions is moving at a faster pace or is at a more advanced stage,52 whether the other court has issued any preliminary rulings in the case,53 and whether the action arises under a Delaware statute providing for summary proceedings.53.1 The court may also consider the relative financial strength of the parties.53.2, The decision whether to dismiss or stay is not dependent on the number of factors satisfied. Ch. 1991); Parvin v. Kaufmann, 236 A.2d 425, 427 (Del. Co. v. Associated Investors International Corp., 312 A.2d 337, 340 (Del. 1974); Strickler v. Sussex Life Care Associates, 541 A.2d 587, 589 (Del. Ch. 4 When the claims involve a contested transaction i.e., where it is alleged that the directors made a conscious business decision in breach of their fiduciary duties, the plaintiff is obligated to allege with specificity particularized facts creating a reasonable doubt that either (i) the directors are disinterested and independent, i.e, facts demonstrating either financial interest or entrenchment on the part of the directors or general partners, or (ii) the challenged transaction was otherwise the product of a valid exercise of business judgment, i.e., whether the terms amounted to a waste of corporate assets or that the directors or general partners failed to make an informed decision.78, Where the subject of a derivative suit is not a business decision of the board but rather a violation of the Board’s oversight duties, the plaintiff must allege particularized facts establishing a reason to doubt that the board of directors could have properly exercised its independent and disinterested business judgment in responding to a demand.78.1, Where a demand has been made, the plaintiff is deemed to have waived the argument that the directors or general partners are disinterested and is limited to showing that the demand was wrongfully refused, i.e., that the directors or general partners either did not act in good faith or make a reasonable investigation of the facts before deciding not to proceed with the requested action.79 In either situation, a court is limited to the allegations of the complaint in deciding whether a plaintiff has adequately pleaded specific facts demonstrating either that demand would have been futile or that demand was wrongfully refused.80. Ct. R. 12(h)(3); Super. R. 19(a); Comm. 1967); Life Assur. Super. 75. 53. In her opposition to the government's motion to dismiss, Galaza consented to the dismissal of her retaliation claim with prejudice. In all civil cases in which no action of record has occurred during the previous 12 months, the clerk of the superior court shall notify the attorneys of record by mail that the court will dismiss the case for want of prosecution unless, within 30 days . R. 19(a); Rollins International, Inc. v. International Hydronics Corp., 295 A.2d 592, 595 (Del. Meaning, if it was a first degree felony for which you received a deferred, you could be sentenced up to life in prison. (Del. 10. 39.1. Ch. See also In re Tri-Star Pictures, 634 A.2d 319, 326 (Del. Thereafter, the Debtors filed the Motion. At the conclusion, the judge makes a determination to revoke or reinstate. (Del. 60. 1970); Monsanto Co. v. Aetna Casualty & Surety Co., 559 A.2d 1301, 1314 (Del. Co. v. Associated Investors International Corp., 312 A.2d 337, 340 (Del. If you were put on deferred adjudication for an offense and violate a condition of your supervision then a "motion to adjudicate" is filed and a determination will be made as to whether you will continue on deferred or be convicted of the offense. Ch. 67. But see Int’l Business Machine Corp. v. Comdisco, Inc., C.A. Ct. Civ. 1993); Texas Instruments, Inc. v. Cyrix Corp., C.A. 2001); Grobow v. Perot, 539 A.2d 180, 187 n.6 (Del. Ch. July 24, 1996, revised Aug. 8, 1996). Found inside – Page 229The proposed procedures provide early access to an administrative judge who can adjudicate a motion to dismiss frivolous complaints . When an administrative judge dismisses a complaint418 on either procedural. 68. 1982). 1982); Kofron v. Amoco Chemicals Corp., 441 A.2d 226, 227 (Del. 71.1. 1973); Monsanto Co. v. Aetna Casualty & Surety Co., 559 A.2d 1301, 1304 (Del. Feb. 27, 1997). NO. 1975). This is the second article in a series dealing with the types (and aftereffects) of community supervision. Taylor v. LSI Logic Corp., 689 A.2d 1196, 119 (Del. 1996); Williams Gas Supply Co. v. Apache Corp., 594 A.2d 34, 37-38 & n.2 (Del. Ch. No. 1995); Choice Hotels Intern., Inc. v. Columbus Hunt-Park Dr. BNK Investors, L.L.C., C.A. at 6-7, Berger, V.C. 14905, slip op. Ct. Civ. Carvel v. Andreas Holding Corp., 698 A.2d 375, 378 (Del. Ch. Defenses that may be raised by a motion to dismiss are as follows. 1988); Jim Walter Corp. v. Allen, C.A. Meaning, if it was a first degree felony for which you received a deferred, you could be sentenced up to life in prison. Nov. 21, 2008). 6 Del. Ch. IV, §§ 7, 14; Monroe Park v. Metropolitan Life Ins. Ch. Taylor v. LSI Logic Corp., 689 A.2d 1196, 1198 (Del. Nos. Found inside – Page 76JUVENILES — when trial court must inquire as to factual or legal bases for State's motion to dismiss petition for adjudication of wardship . Since the trial court's primary function in juvenile cases is to make certain that the best ... On September 12, 2017, the district court denied the government's motion to dismiss without prejudice to renewing the motion after a brief period of discovery addressed to the issue of whether Galaza had adequately No. "[A] district court may properly dismiss a case for lack of subject matter jurisdiction under Rule 12(b)(1) if it `lacks the statutory or constitutional power to adjudicate it.'" Aurecchione v. Schoolman Transp. 1989). Ct. Civ. So be careful. art. Zimmerman v. Home Shopping Network, Inc., C.A. Ch. Taylor v. LSI Logic Corp., 689 A.2d 1196, 1198 (Del. Kim v. Coupang, LLC, C.A. Make it count. Ct. R. l2(b)(6); Super. (Del. R. 12(b)(6); Fam. No. 1988); Harman v. Masoneilan International, Inc., 442 A.2d 487 (Del. 12389, slip op. Super. Found inside – Page 737Every one at that time has had notice both of the adjudication and the filing of the petition and the right of the creditors to move to ... it is the duty of the judge to hear it forthwith and either adjudicate or dismiss the petition . Ct. R. 19(b); Super. May 20, 1993). 18077, slip op. Rapoport v. Litigation Trust of MDP, Inc., C.A. dismiss the action or any claim against it, and unless a dismissal otherwise states, such dismissal operates as an adjudication on the merits. On a motion to dismiss, such documents may be considered for what they state, but not to establish the truth of their contents.62.1, Failure to Join as Parties Persons Needed for a Just Adjudication.63 The rule as to joinder of persons needed for a just adjudication is based upon equity practice which requires joinder, if feasible, of all persons having an interest in the controversy, which joinder is necessary to enable the court to determine the entire controversy. 20] AND REQUEST FOR PERMISSION TO AMEND COMPLAINT [DKT. Ct. Civ. Ch. 64. (3) Counterclaim. Nov. 21, 2008). Where the plaintiff is the sole party that has filed actions in more than one jurisdiction, the fact that the Delaware action is first-filed carries less weight.48.4, The final factor permits a court to consider all other practical considerations which would make the trial easy, expeditious and inexpensive.49 This will depend on the individual circumstances of each case. Mar. A motion for a directed verdict is made by the defense after the prosecution has already rested its case. Sys., Inc., 426 F.3d 635 , 638 (2d Cir. Super. 65. 2005); Hercules, Inc. v. Leu Trust & Banking, Ltd., 611 A.2d 476, 480-81 (Del. Realtors v. Crisafi, 533 A.2d 1242, 1245 (Del. Council of Civic Organizations of Brandywine Hundred, Inc. v. New Castle County, No. See Moore Golf, Inc. v. Ewing, 269 A.2d 51, 52 (Del. 9276, slip op. 2005); Diamond State Tel. 11495, Jacobs, V.C. 1997); Williams Gas Supply Co. v. Apache Corp., 594 A.2d 34, 37 (Del. Ch. 32. 1973); Toronto-Dominion Bank v. Osceola Shoe Co., C.A. May 22, 2007). The Difference Between a Sting Operation vs. Entrapment. 1988). at 8, Young, J. 1988). 70. 20. 1991). Super. 1988). Co. v. De Chetlis, 193 A.2d 545, 549 (Del. Found inside – Page 202Dismissal of petition The Acts court 1991, shall No. dismiss 235, a eff. petition Jan. on 1992; the motion Acts 2011, of the No. district 172, attorney. CHAPTER 13. ADJUDICATION Art. 877. Adjudication hearing; time limitations A. When ... 1991); McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., 263 A.2d 281, 283 (Del. No. Air India has asked a New York court to dismiss a petition filed by Britain's Cairn Energy for seizure of its assets to enforce USD 1.2 billion arbitral awards against the Indian government, saying the litigation was premature as an appeal against the arbitration award was still pending. 36. 2 Under Rule 12(b)(1), "[a] case is properly dismissed for lack of subject . du Pont de Nemours & Co., Inc., 729 A.2d 832, 835 (Del. 1996); McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., 263 A.2d 281, 283 n.2 (Del. National Education Corp. v. Bell & Howell Co., C.A. Super. Because of this, such motions don't implicate waiver's goal of promoting judicial economy and preventing piecemeal and duplicative litigation.4 The motion to dismiss or transfer filed by URNA and Hann was grounded on Motion for a directed verdict. The filing of a motion to dismiss will serve to focus the attention of opposing counsel on possible theories of his or her case, and the “briefing” may serve to educate the opponent so as to pave the way for a more effective statement and presentation of the opponent’s case. Super. If you’re a model probationer, follow all of your conditions, and treat your probation officer with kindness and respect, you will not face either scenario. However, unlike with a Motion to Revoke, the prosecutor must first move for an adjudication since you were never found guilty. (a) In lieu of an answer, the respondent may file a motion to dismiss the complaint or a motion for summary judgment on the complaint.The respondent may move for dismissal of the entire complaint or move for dismissal of particular issues from adjudication. 1973); Monsanto Co. v. Aetna Casualty & Surety Co., 559 A.2d 1301, 1304-05 (Del. Found inside – Page 76Thereafter , Sumiton , based on the Millar - Bullard technical showing of overlap , filed the motion to dismiss , noted ... motion to dismiss , and tentative arrangements were made to adjudicate the alleged violation of section 73.37 . at 5, Walsh, V.C. 45. R. Civ. Ct. Civ. No. Hence, a stay of adjudication is where the judge suspends deciding the defendant's fate in order to give him or her a chance to complete various court orders and earn a dismissal.. 3. See Odessa Loan Ass’n v. Dyer, 81 A. 07C-01-045 WLW, slip op. Super. 1965). June 11, 2009); Pena v. Cooper Tire & Rubber Co., Inc., C.A. 75.1. The Court also held two In the end, the differences between a Motion to Revoke and a Motion to Adjudicate are minimal. du Pont de Nemours & Co., Inc., 729 A.2d 832, 835 (Del. On October 1, 2021, Defendants filed a motion seeking clarification of the court's order. No. Found insideIf the debtor is unable to pay or compound the debt , the Court is bound to adjudicate him bankrupt . - Re A Judgment Debtor Summons , BKCY . ... Bankrupt's petition - Insnfficiency of stamp - Petition dismissed unconditionally . Cf. at 10, Allen C. (Del. The defendant must serve the motion on the plaintiff before filing and allow the plaintiff 21 days to respond. Ct. R. 12(b)(1); Super. 1993) (TABLE). June 2, 2004). Super. Ct. Civ. Draper v. Paul N. Gardner Defined Plan Trust, 625 A.2d 859, 869 n.15 (Del. Jan. 24, 1992). 16. Found inside – Page 189Mere fact that farmer - debtor filed petition adjudication after rejection of offer of mposition does not vitiate the ... Motion to dismiss farmer - debtor's proceedg for composition of debts was denied with ave to debtor to file ...
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