Motions. 4.6.1 The Firm should evaluate the need for motion practice and consult with Citizens regarding the intent and expected outcome of each motion. In First Party claims, no motion shall be prepared, filed or served prior to approval from Citizens’ Claims & Litigation Legal Services or Citizens’ Litigation Specialist. In Third Party Liability actions, no motions shall be prepared, filed or served without prior consultation with Citizens’ Claims & Litigation Legal Services or Citizens’ Litigation Specialist. While no motion should be filed without first receiving approval from Citizens, failure to obtain approval from Citizens’ Claims & Litigation Legal Services prior to filing any of the following motions shall be deemed an automatic performance issue for the Firm:
Motions. 6.1 Any Member may propose a motion. All motions must be seconded. Motions which are opposed shall be put to a vote in accordance with the voting provisions of this schedule.
Motions. The Arbitrator shall have jurisdiction to hear and rule on prehearing disputes and is authorized to hold prehearing conferences by telephone or in person as the Arbitrator deems necessary. The Arbitrator shall have the authority to set deadlines for completion of discovery, and for filing motions for summary judgment, and to set briefing schedules for any motions. The Arbitrator shall have the authority to adjudicate any cause of action, or the entire claim, pursuant to a motion for summary adjudication and/or summary judgment, and, in deciding such motions, shall apply the law of the State of California.
Motions. The referee shall have the power to hear and dispose of motions, including motions relating to provisional remedies, demurrers, motions to dismiss, motions for judgment on the pleadings and summary adjudication motions, in the same manner as a trial court judge, except the referee shall also have the power to adjudicate summarily issues of fact or law including the availability of remedies, whether or not the issue adjudicated could dispose of an entire cause of action or defense. Notwithstanding the foregoing, if prior to the selection of the referee as provided herein, any provisional remedies are sought by the parties to the Dispute, such relief may be sought in the Superior Court of Riverside County.
Motions. The arbitrator will have the authority to hear and decide motions dispositive of all or part of any Arbitrable Claim.
Motions. The parties may make applications to the panel of arbitrators regarding issues of discovery, procedure and privilege. Any such motions shall be made to and resolved by the arbitrators as soon as practicable. No party shall be permitted to file any motions for dismissal of claims (including dismissal based upon failure to join an indispensable party), or for summary judgment, concerning the claims or counterclaims asserted in any arbitration under this Exhibit B.
Motions. The arbitrator may grant a motion to compel discovery, a motion to dismiss, a motion for judgment on the pleadings, and/or a motion for summary judgment. In ruling on any motion, the arbitrator will apply the standard governing such motions under the current Federal Rules of Civil Procedure and applicable case law. When the arbitrator finds that one or more of a party’s claims fail to state a legal claim upon which relief could be granted in a court of law, the arbitrator shall grant the other party’s motion to dismiss for failure to state a claim upon which relief may be granted. In the arbitrator’s discretion, the dismissal of said claim(s) may be either with or without prejudice.
Motions. The arbitrator shall have the power to hear and dispose or motions, including motions to dismiss, motions for judgment on the pleadings, and summary judgment motions, in the same manner as a trial court judge, except the arbitrator shall also have the power to adjudicate summary issues of fact or law including the availability of remedies, whether or not the issue adjudicated could dispose of an entire cause of action or defense.
Motions. To the extent reasonably practicable at least two (2) days prior to filing (or such shorter period as the Administrative Agent may agree), the Borrower shall use commercially reasonable efforts to provide the Lender Advisors copies of all material pleadings and motions (other than “first day” motions and proposed orders, and other than emergency pleadings or motions where, despite such Borrower’s commercially reasonable efforts, such two (2) day notice is not possible) to be filed by or on behalf of the Borrower or any of the other Credit Parties with the Bankruptcy Court in the Chapter 11 Cases, or to be distributed by or on behalf of the Borrower or any of the other Credit Parties to any official committee appointed in the Chapter 11 Cases, which such pleadings shall include the Administrative Agent as a notice party.
Motions. In the case of a tie, a motion before the committee shall fail.
