Additional Discovery. The Arbitrator may, on application by either party, authorize additional discovery only if deemed essential to avoid injustice. In the event that remote witnesses might otherwise be unable to attend the arbitration, arrangements shall be made to allow their live testimony by video conference during the arbitration hearing.
Additional Discovery. Any additional discovery will be at the discretion of the Presiding Arbitrator. The Presiding Arbitrator is authorized to resolve all discovery disputes, which resolution will be binding on the parties unless modified by the Arbitration Panel. If a party refuses to comply with a decision resolving a discovery dispute, the Panel, in keeping with Fed. R. Civ. P. 37, may refuse to allow that party to support or oppose designated claims or defenses, prohibit that party from introducing designated matters into evidence or, in extreme cases, decide an issue submitted for resolution adversely to that party.
Additional Discovery. (i) The parties may agree to additional discovery be- tween themselves. Where the parties fail to agree, a party may move for ad- ditional discovery. The moving party must show that such additional dis- covery is in the interests of justice, ex- cept in post-grant reviews where addi- tional discovery is limited to evidence directly related to factual assertions advanced by either party in the pro- ceeding (see § 42.224). The Board may specify conditions for such additional discovery.
Additional Discovery. If, in the course of performance of the Work, the Construction Manager encounters on the Site any Environmental Conditions not previously disclosed and remediated by the Environmental Engineers or the Remediation Contractors, the Construction Manager shall immediately suspend the Work in the area affected and promptly thereafter report the condition to the City.
Additional Discovery. Any additional discovery will be at the discretion of the Presiding Arbitrator.
Additional Discovery. 1. Defendant will continue to cooperate in a timely and reasonable manner with Class Counsel to determine class size and Class Members’ names and addresses. Defendant will provide Class Counsel and the Settlement Administrator with the data maintained by the City for the purposes of assembling a class list. Defendant will also cooperate with Class Counsel for the purposes of obtaining any additional information needed to determine the identity of the Class Members. Subject to applicable law, the Defendant will not object to providing social security numbers or dates of birth for Class Members for the purposes of locating absent Class Members.
Additional Discovery. The Contractor shall conduct the following activities to support project management planning and management:
Additional Discovery. Defendants will provide to Plaintiffs’ counsel, and the Settlement will be specifically contingent upon, such final document discovery (if any) and additional deposition discovery (the “Additional Discovery”) as the Parties shall agree is reasonably necessary for the Plaintiffs to confirm the fairness, reasonableness, and adequacy of the Settlement and enter a Stipulation of Settlement. The Parties will use their commercially reasonable best efforts to complete such discovery promptly. The Parties expect that Additional Discovery will include the depositions of Defendants Xxxxxxx and Neu and a representative of Xxxxxx Xxxxxxx knowledgeable about the Merger, and will use their reasonable best efforts to ensure that such depositions take place.
Additional Discovery. Plaintiffs' obligations under this Stipulation are subject to plaintiffs' taking additional discovery (to which plaintiffs and Sears have agreed) within the next 30 days relating to the subject matter of the Actions. Plaintiffs shall have the option to withdraw from the Settlement in the event that they conclude in good faith, based upon such additional discovery, that the Settlement is not fair, reasonable and adequate, and beneficial to and in the best interests of the Settlement Class. In that event, the provisions of the last sentence of paragraph 20 shall apply.
Additional Discovery. Class Counsel and Liberty Bank have engaged in significant discovery. In addition and in compliance with its statutory and regulatory obligations to protect its customer's financial information, Liberty Bank will cooperate with Class Counsel and allow reasonable confirmatory discovery from Liberty Bank to be conducted by Class Counsel. The period for confirmatory discovery shall begin as of the date of this Settlement Agreement and shall last until the Final Fairness Hearing. All materials provided to Class Counsel that are proprietary and confidential shall be designated as such and retained by Class Counsel, subject to Court order that either party may find it necessary to seek and which is obtained and entered by the Court. Such confirmatory discovery may include document production, and any necessary witness interviews.
