Dispositive Motions. Each party shall have the right to submit dispositive motions pursuant Rule 12 or Rule 56 of the Utah Rules of Civil Procedure (a “Dispositive Motion”). The party submitting the Dispositive Motion may, but is not required to, deliver to the arbitrator and to the other party a memorandum in support (the “Memorandum in Support”) of the Dispositive Motion. Within seven (7) calendar days of delivery of the Memorandum in Support, the other party shall deliver to the arbitrator and to the other party a memorandum in opposition to the Memorandum in Support (the “Memorandum in Opposition”). Within seven (7) calendar days of delivery of the Memorandum in Opposition, as applicable, the party that submitted the Memorandum in Support shall deliver to the arbitrator and to the other party a reply memorandum to the Memorandum in Opposition (“Reply Memorandum”). If the applicable party shall fail to deliver the Memorandum in Opposition as required above, or if the other party fails to deliver the Reply Memorandum as required above, then the applicable party shall lose its right to so deliver the same, and the Dispositive Motion shall proceed regardless.
Dispositive Motions. The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
Dispositive Motions. The arbitrator may allow the filing of a dispositive motion if the arbitrator determines that the moving party has shown substantial cause that the motion is likely to succeed and dispose of or narrow the issues in the case.
Dispositive Motions. Either party may file a motion for summary judgment with the arbitrator in accordance with Rule 56 of the FRCP.
Dispositive Motions. The arbitrator shall have the jurisdiction and power to entertain a motion to dismiss and/or motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Dispositive Motions. The arbitrator shall not have the authority to deny a party the right to file dispositive motions and have such motions heard by the arbitrator.
Dispositive Motions. There shall be no dispositive motion ------------------- practice.
Dispositive Motions. Any Party may file a dispositive motion with the arbitrator. The arbitrator is entitled to resolve some or all of the asserted claims through a dispositive motion pursuant to R-33 of the Commercial Arbitration Rules. The standards to be applied by the arbitrator in ruling on a motion for summary judgement shall be applicable Texas state law.
Dispositive Motions. In addition to other requests for relief, and notwithstanding any provision of the AAA employment arbitration rules to the contrary, the Parties shall be entitled to move the arbitrator for disposition in whole or in part by a motion to dismiss, strike and/or for summary judgment. The arbitrator shall provide the parties with a reasonable amount of time to submit briefing on such motions and shall extend any previously set deadlines to accommodate such motions. The arbitrator shall decide such motions on the basis of the case law applied to such motions under Federal Rules of Civil Procedure 12 and 56 and the substantive law applicable to the dispute or claim.
