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https://fgcu.digital.flvc.org/islandora/object/fgcu%3A26209/datastream/OBJ/view
Pursuant to Scott Cole's request, enclosed please find the Defendant's Motion to Dismiss Complaint for Declaratory Relief that was filed yesterday on your behalf in the above-referenced case. If you have any questions after reviewing the Motion to Dismiss, please give either Scott or myself a call at your convenience. Sincerely, Robert Pritchard
https://www.fec.gov/law/litigation/beam_ag_mem_opp_decl_supp_dismiss.pdf
JUDGMENT AND IN SUPPORT OF HIS MOTION TO DISMISS ... their Motion for Declaratory Judgment should be denied and the claim against the Attorney General should be dismissed. ... is the declaratory judgment claim in Count I of the Complaint. 3 FACTUAL BACKGROUND On March 2, 2007, Plaintiffs filed the instant action seeking declaratory relief and ...
https://drdiekman.blogspot.com/2013/01/declaratory-judgments-and-motions-to.html
Jan 25, 2013 · A motion to dismiss the complaint in an action for a declaratory judgment presents for consideration only the issue of whether a cause of action for declaratory relief is set forth, not the question of whether the plaintiff is entitled to a favorable declaration.
https://www.aclu.org/legal-document/response-defendants-motion-dismiss-aclu-v-miller
RESPONSE TO DEFENDANTS' MOTION TO DISMISS Plaintiffs respectfully oppose the defendants' motion to dismiss. The complaint states a claim for declaratory and injunctive relief under 42 U.S.C. § 1983 and the plaintiffs have standing to bring their claims, because O.C.G.A. § 16-9-93.1 (1996) threatens an immediate and irreparable denial of the plaintiffs' constitutional rights, and has already ...
https://media.bizj.us/view/img/10833032/kevin-rathbun-partial-motion-to-dismiss.pdf
to collectively as “Plaintiffs”) Complaint for Declaratory Judgment (the “Complaint”). Plaintiffs’ only substantive claims underlying their claims for attorneys’ fees ... MOTION TO DISMISS AND BRIEF IN SUPPORT by electronically filing it with the Clerk of the Court using the Odyssey eFileGA system, which will
https://legalbeagle.com/8606048-write-petition-declaratory-judgment.html
A declaratory judgment is a judgment rendered by a judge without ordering any party to pay damages or make restitution. It is a declaration by the court of whether the plaintiff or defendant set forth the winning argument, but neither party is expected to act further in accordance with the judge. A petition for a ...
https://provemyfloridacase.com/actions-for-declaratory-relief-declaratory-judgment/
Sometimes a party pursues what is known as an action for declaratory relief or declaratory judgment– for a trial court to declare their rights with respect to the application of a written document or instrument.In this manner, Florida Statute s. 86.021 states: Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article ...
https://www.mintz.com/insights-center/viewpoints/2251/2012-12-how-do-you-or-dont-you-state-case-declaratory-judgment
Dec 05, 2012 · In 1-800-Flowers.com Inc. v. Edible Arrangements, LLC, 12 cv 1483 (DRH) (ARL) (E.D.N. Y. November 28, 2012), the court granted Edible Arrangements Motion to Dismiss the Declaratory Judgment Complaint of 1-800-Flowers for failure to meet the "case of actual controversy" requirement of the Declaratory Judgment Act. This case involved sets of ...
https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-57-declaratory-judgment
Rule 57 The procedure for obtaining a declaratory judgment pursuant to General Laws c. 231A shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39.The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
https://fraudlawyersflorida.com/2015/04/15/resolving-disputes-through-declaratory-relief-your-primer-to-floridas-declaratory-judgment-act/
Apr 15, 2015 · The Charter Club, Inc., 952 So. 2d 1206, 1207 (Fla. 3d DCA 2007) (holding complaint for declaratory judgment on proper interpretation of statute was sustainable); Jackson v. Fed. Ins. Co., 643 So. 2d 56, 58 (Fla. 4th DCA 1994) (finding justiciable controversy on …
https://www.courts.state.nh.us/caseinfo/pdf/civil/DoevNHLC/Index.htm
The New Hampshire Lottery Commission's Motion to Dismiss and Response to the Plaintiff's Complaint for Declaratory Judgment and Injunctive Relief; 02/07/18: Notice of Hearing ; 01/29/18: Complaint for Declaratory Judgment and Injunctive Relief and Request for Immediate and Expedited Hearing as Time is …
http://angelsindistress.com/FWCC%20Motion%20to%20Dismiss.PDF
Florida Rules of Civil Procedure files this Motion to Dismiss, and in support thereof states: 1. Angels In Distress (hereinafter referred to as "AID") brought two counts against the Florida Fish and Wildlife Conservation Commission (hereinafter referred to as "FWC"), seeking declaratory judgment and injunctive relief. 2.
http://faca.fl-counties.com/sites/default/files/2018-05/2_Price%20Motion%20to%20Dismiss%20Motion%20to%20Strike%20and%20Memo%20of%20Law.pdf
attorney, hereby files and serves its Motion to Dismiss, Motion to Strike, and Incorporated Memorandum of Law. The County responds to Plaintiff Joel Price’s Complaint for Injunctive and Declaratory Relief (Doc. 1) with this motion to dismiss pursuant to Rule 12(b)(6) of the Federal
https://corporate.findlaw.com/litigation-disputes/combating-abuse-of-the-declaratory-judgment-action-by-insurers.html
The U. S. District Court granted the insured's Motion to Dismiss stating that "Federal declaratory judgment is not a prize to the winner of a race to the courthouse". 5 Another improper tactic would be if the insurer assigned the handling of the claim and the handling of …
https://docs.justia.com/cases/federal/district-courts/connecticut/ctdce/3:2010cv01435/90607/93
ORDER: Renewed Motion to Dismiss Its Complaint and Defendant's Declaratory Judgment Counterclaims, and for Leave to Amend Its Answer to Remaining Counterclaims (Doc. No. 82 ) is hereby GRANTED in part and DENIED in part. The plaintiff's C omplaint is hereby dismissed without prejudice under Rule 41(a)(2).
https://docs.justia.com/cases/federal/district-courts/florida/flsdce/1:2016cv21704/484266/18
Respondent removed the action to federal court based on diversity jurisdiction. See 28 U.S.C. § 1332. Before me is Respondent’s Motion to Dismiss Petitioners’ Petition for Declaratory Relief (“Motion”) (ECF No. 7). I have reviewed the parties’ arguments, the record, and the relevant legal authorities.
https://www.morrisjames.com/newsroom-articles-60.html
Sep 24, 2011 · A defendant moving to dismiss a complaint for failure to state a claim cannot challenge the well-pleaded facts in the complaint. The court must accept the allegations as true in resolving the motion to dismiss. Another potential advantage to initiating a …
https://www.executivesummaryblog.com/2016/07/declaratory-judgment-complaint-not-subject-to-insurers-motion-to-dismiss-based-on-conversion-of-funds-exclusion/
Jul 15, 2016 · A New Jersey federal district court has held that a declaratory judgment and breach of contract action against a professional liability insurer was not. ... Declaratory Judgment Complaint Not Subject to Insurer’s Motion to Dismiss Based on Conversion of …
https://media.bizj.us/view/img/10721157/motion-to-dimsiss.pdf
The Metropolitan Government hereby files this Motion to Dismiss pursuant to ENN. R. T CIV. P. 12.01(1) and (6). Grounds for this motion are: ... declaratory judgment or injunctive relief. ... cannot dispute the facts as stated in the Complaint for purposes of a motion . 1. The to dismiss. Complaint corrects part of this mischaracterization by ...
http://probonolegal.net/2016/09/18/declaratory-judgment/
Sep 18, 2016 · Much like a Motion for Summary Judgment and a Motion to Dismiss, a Motion for Declaratory Judgment allows the party a means of resolving a critical issue. It is an evidentiary motion that allows you to present Facts in Evidence for your Joint Trial Statement.
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