Remand Clause Samples
Remand. (A) The Parties shall file a stipulation and proposed order in the MDL Court seeking to remand to the respective state courts the Complaints or other pleadings filed by the Section 177 States that have been removed to federal court, with the exception of the Complaint filed by the State of Vermont.11 Except in the case of Oregon, Washington State, and, potentially, Delaware, the settlement described herein shall be effectuated in the state courts of the Section 177 States. In Oregon, no judicial approval is necessary, and this Agreement, upon signature by Defendants and Oregon, is sufficient to serve as a full and complete resolution of Oregon’s Environmental and UDAP Claims. In Washington State, the settlement shall be effectuated by means of the filing of a settlement agreement materially embodying this Agreement with the Washington State Pollution Control Hearings Board and the dismissal of the proceeding before the Board. In Delaware, settlement shall be effectuated either in state court or by means of an administrative order or agreement, at Delaware’s sole discretion. In no event shall the documents effectuating this settlement in any Section 177 State impose material terms on Defendants not expressly agreed to
Remand. The Appeal Administrator may direct the original Hearing Administrator or CSB to review their original decision subject to any instructions from the Appeal Administrator; and may affirm that decision or render a new decision consistent with those instructions. An appellant may appeal a decision made by the original Hearing Administrator or CSB if there are any changes after the review.
Remand. 5 The defendant acknowledges that she may be remanded into custody upon the entry of her plea 6 unless, pursuant to 18 U.S.C. § 3143(a)(1), the Court finds by clear and convincing evidence that she is 7 not likely to flee or pose a danger to the safety of any other person or the community. The United States 8 does not oppose the defendant remaining out of custody until the date of her judgment and sentencing 9 provided she does not violate any federal, state, or local laws.
Remand. In the event that new information is introduced or new arguments presented at Level Two, the matter may be remanded to Level One for further consideration.