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Defendant’s Motion to Compel Discovery Related to DNA Evidence I. Introduction This trial has been delayed interminably while the prosecution, and its DNA experts, have stonewalled defendant’s discovery requests, fed defendant false and misleading information about its DNA test procedures, and flouted a discovery order. The Mar 14, 2016 · When Your Spouse Won’t Provide Financial Information. If you're going through a divorce, one of the first things an attorney will tell you is to gather your financial information, including bank account statements, credit card statements, title documents, and mortgage documents. Mar 15, 2020 · Supreme Court of the State of New York, Kings County. 360 Adams Street. Brooklyn, NY 11201. Courtroom Phone #: 347-296-1626. Conferences and motions begin at 9:30 a.m. CCP is the Central Compliance Part in Kings County. It is perhaps the slowest moving part in the New York court system (and that is saying something).
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As the 2010s come to an end, we can look back on an era rife with discovery. In the past 10 years, scientists around the world made remarkable progress toward understanding the human body, our planet, and the cosmos that surrounds us.A motion for discovery is a legal request that a court require an opposing party to turn over a piece of evidence or information... A motion for discovery must also be reasonable. This means it must be narrowly tailored to the case and cannot be cost prohibitive.
- On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C).
- discovery sampling. Copy to clipboard. en A third representative sample of project amendments was prepared using the discovery sampling method, based on a confidence level of 95 en I filed a discovery motion for the carpet sample so we could run our own test, and they've denied the request.Our new research explains principles and sets out practical steps to get through a potentially prolonged period of disillusionment, grief, and exhaustion. Now is the time for organizations to finally tackle busyness and focus on the work that matters most. One global organization put a halt to new...
- If a party resists discovery, the requesting party may file a motion to compel. See FED. R. CIV. P. 37(a)(1). A facially valid motion to compel has two components. First, the motion must certify that the movant has “in good faith conferred or attempted to confer” with the party resisting discovery. FED. R. A party is not at fault for failing to seek a motion to compel, under (b)(1)(D), if opponent's discovery response stated that it later would provide relevant information. "When a discovery violation becomes apparent only after the trial has commenced, the potential for prejudice is greater than if the discovery violation had occurred prior to ...
- You can watch as much as you want, whenever you want, without a single advert - all for one low monthly price. There's always something new to discover, and new TV programmes and films are added every week!The simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and to dispose of unmeritorious claims. See Swierkiewicz, 534 U.S. at 512. Indeed, courts have found that if the information sought by the motion is obtainable through discovery, the motion should be denied.
- THE STATE OF NEW YORK, #2000-001-064, Claim No. 97393, Motion No. M-62068 Synopsis The Court (1) denies claimant's motion compel production of discovery; (2) amends its May 25, 2000 Daily Report only insofar as to extend the deadline for claimant to file a Note of Issue and Certificate of Readiness; and (3) sets the claim for trial on Thursday ... Oct 18, 2011 · The second is a motion for summary judgment, typically filed after discovery is completed. A motion to dismiss essentially asserts that the plaintiff has failed to state a viable cause of action. Typical examples are where a plaintiff fails to (or cannot) set forth all of the necessary elements of a claim or misses the statute of limitations.
- Sep 01, 2018 · This typically involves contract disputes and means when one of the parties in a lawsuit seeks to enforce an arbitration clause in the contract under dispute. In other words, one party, typically the defendant, wants to get the case out of the cou... Affordable Commercial Motion Capture System: iPi Desktop Motion Capture If you need to do motion capturing on a budget this might be a good option it ranges from 400 to 1000 US $. It supports a multiple camera setup as well as support for Microsofts Kinect. The software comes with automatic...
- 2. "Identify" or "state the identity of": 2.1. When used in reference to a natural person means: that person's full name, present or last known business and residence address, present or last known business and residence telephone number, present or last known occupation, employer, and position and that person's occupation or position during the time relevant to the particular interrogatory.
- AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for...
- See full list on smartrules.com Despite the pending motions and without filing an answer, Defendants served discovery upon Plaintiffs in the New York case but were dissatisfied with their response. After Defendants’ Michigan action was dismissed for lack of personal jurisdiction, Defendants filed the instant motion to compel in the Southern District of New York.
- You would file a Motion to Compel Discovery if you have asked the other side to turn over documents or answer questions during discovery and they refuse. This motion asks the court to force the other side to turn over those documents. Other examples are a motion to ask for more time to move in an eviction or for a change in an earlier order. 2) Plaintiff’s July 6, 2016 Motion to Compel On July 6, 2016, plaintiff filed her first motion to compel the production of recent labeled, color photographs and memo books of the plainclothes officers at the Precinct at the time of plaintiff’s interrogation. (Pl.’s 7/6/16 Ltr. at 1, ECF No. 13). Plaintiff argued that the Aug 04, 2009 · other Court. Tessera reserves the to conduct right further depositions and other discovery, or otherwise, as appropriate. WHEREFORE, Tessera, Inc. respectfully requests that this Court (i) grant this 2004 Motion in its entirety; (ii) compel the examination of a designee of the Debtors pursuant to
- Jun 20, 2016 · Again, ask the court clerk for relevant forms and instructions, and file a "pre-trial motion" to compel the parties to honor your discovery requests. If your discovery requests are still ignored by your trial date, you can try to simply ask the judge to dismiss your case. How to Use the Officer's Notes
- A written motion to compel discovery must be served on all parties and the administrative law judge assigned to conduct the trial. The motion must state what efforts the parties have made to resolve discovery disputes. Any party objecting to a discovery motion must state, in writing, the grounds for the objection. eastern district of new york -----x in re: gregory wire chapter 7 case no: 12-73922 motion -----x _____ motion to compel trustee to abandon his interest in debtor’s residence and conclude the meeting of creditors
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To view this free sample motion to compel discovery, click the link below. Registration is required, but it's free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court, Court of Federal Claims, all federal circuit, district and...Mar 11, 2010 · The most frequent scenario invloves a plaintiff that fails to serve discovery and/or a bill of particulars in response to demands that accompany a defendant's answer. In which case, the apparently uninformed defendant ultimately resorts to a motion to compel a response under CPLR 3124 and/or 3042(c). Motion to compel discovery, And for sanctions and attorney's fees. COMES NOW the PLAINTIFF, NAME., by and through Honorable Court to Compel the DEFENDANT, NAME to answer and produce documents. responsive to Discovery requests in support thereof, states the...eve of a hearing on a motion to compel production. ... New York University Law Review . 87: 1713-1778. ... raising the bar for plaintiffs to survive a pre-discovery motion to dismiss. Now ... Despite the pending motions and without filing an answer, Defendants served discovery upon Plaintiffs in the New York case but were dissatisfied with their response. After Defendants’ Michigan action was dismissed for lack of personal jurisdiction, Defendants filed the instant motion to compel in the Southern District of New York. Dec 15, 2020 · Xact Data Discovery (XDD) is a leading international provider of eDiscovery, data management and managed review services for law firms and corporations. XDD helps clients optimize their eDiscovery matters by orchestrating precision communication between people, processes, technology and data. Thus, on May 7, 2013, Mr. Marano filed a Motion to Dismiss, which was granted by the Court on June 7, 2013, dismissing the case without prejudice at this point as it was the first request for dismissal, and as New Jersey law and procedure provide that the offending party has 60 days to cure the discovery delinquency in that case. Rule 3124. Failure to disclose; motion to compel disclosure. If a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking disclosure may move to compel compliance or a response. Therefore, "the party opposing a motion to compel carries a 'heavy' burden of persuasion." In that case, Judge Shira A. Scheindlin of the Southern District of New York, a scholar in the area of ESI A requesting party may obtain discovery from inaccessible sources by filing a motion to compel and...These include Rule 91(f) motions to compel stipulation, discovery and sanctions motions, and the nonparty deposition procedures available under the court’s rules. In addition, the use of telephone conferences and informal requests at the calendar call for chambers conferences will often assist in resolving difficulties in trial presentation ... Any motion to compel discovery must set out verbatim the question propounded and the answer given, or a description of the other discovery requested and the response to this request. The motion must also set out the reason or reasons the answer or response is inadequate. (2) Appropriate Court.
new york. A Motion to Compel should be filed with the appropriate court when the opposing party refuses to produce documents or answer questions in Discovery which the party feels is necessary for the case.Nov 01, 2011 · Motion to Compel Discovery Sample Document Posted on 1 Nov 2011 by LexisHub Staff. To view this free sample motion to compel discovery, click the link below.
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Discovery closes before trial: 30 days before trial – or 15 days before arbitration. [CCP 2024.020] Last Day to Hear Discovery Motions – 15 days before trial. [CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial. Deposition Notice – Defendant may serve any time. Plaintiff ... Discovery, you can use a Motion to Compel to ask the judge to order the Plaintiff to give you the documents. To learn more about discovery, visit www.masslegalhelp.org and search “What is Discovery?” and “Request for Production of Documents.” Use these instructions to complete the sample “Motion to Compel” Form on page 6.
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Read and share new perspectives on just about any topic. Everyone's welcome. Learn more.New declassified documents show that Obama knew about Clinton-engineered conspiracy to link Trump to Russia. He has also achieved numerous laboratory breakthroughs in the programming of automated liquid handling robots for sample preparation and external standards prep.Information That the Court Considers in Evaluating a Rule 12(b)(6) Motion In evaluating a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court may only consider the complaint, exhibits attached to the complaint, matters of public record, and undisputably authentic documents if the complainant’s claims are based upon those ... For example, many judges in the Southern District of New York require a pre-motion letter or conference as a prerequisite to the filing of any motion, although some exempt Rule 12 motions from this requirement. Apr 09, 2015 · Motion to Compel In context of a criminal case, a motion to compel usually involves requesting that the court order a witness to testify or the other party to turn over evidence. For example, a prosecutor has a duty to turn over certain evidence in its possession to the defense . monetary sanction relating to the employer's motion to compel further responses to interrogatories on the employee's complaint. In all other respects, the judgment was reversed. The court held that the trial court did not err when it imposed a monetary sanction on the employee pursuant to Code Civ. Proc., § 2030.300, subd. (d), for Defendant’s Motion to Compel Discovery Related to DNA Evidence I. Introduction This trial has been delayed interminably while the prosecution, and its DNA experts, have stonewalled defendant’s discovery requests, fed defendant false and misleading information about its DNA test procedures, and flouted a discovery order. The
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New Genetics, New Identities [1 ed.]With Indeed, you can search millions of jobs online to find the next step in your career. With tools for job search, resumes, company reviews and more, we're with you every step of the way.Thoughts on Motions to Compel Discovery Responses. There is a balancing act with these motions. In most jurisdictions, the opposing party has 30 days to provide the requested information. The moving party can't send a letter on the 31st day and file a motion to compel. But if you let it go too long, you...Mandamus [Latin, We comand.]A writ or order that is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, municipal corporation, or individual to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation. Dec 15, 2020 · Xact Data Discovery (XDD) is a leading international provider of eDiscovery, data management and managed review services for law firms and corporations. XDD helps clients optimize their eDiscovery matters by orchestrating precision communication between people, processes, technology and data. List the pretrial motions Motion to dismiss Motion for a new trial Motion to make more definite and certain Motion to strike Motion for judgment on the pleadings Motion for judgement n.o.v. Motion for directed verdict Motion to compel discovery Motion for summary judgment
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Jul 10, 2012 · Thank you, Bruce. I agree with your analysis. Pursuing a motion to compel can be risky, but it certainly can’t hurt to ask. I find it frustrating that discovery still is fraught with uncertainty after all these years of the rules being in place. I had simply never thought of asking for social media in civil discovery. new york. A Motion to Compel should be filed with the appropriate court when the opposing party refuses to produce documents or answer questions in Discovery which the party feels is necessary for the case.From "Animal Crossing: New Horizons" to "The Last of Us Part II," Launcher's staff offers up the best new games of the year. After passing a record $3 trillion in economic relief this spring, Congress went months without a new aid package even as the coronavirus pandemic worsened.If the government doesn't respond to a discovery request, but the evidence you requested does exist (for example, maintenance records for a radar unit), you can file a written "motion to compel discovery" with the court, or at least raise the issue in court and explain to the judge what happened.
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A motion for an order to a nonparty must be made in the court where the discovery is or will be taken. (3) Specific Motions. (A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions. (B) To Compel a Discovery Response. I complied to further requests, the entire time counsel suggested filing a motion to compel. I was served on 7/27/15 for original discovery I gave response in the allowed time for both the 1st and 2nd request. 2nd request was made over the email. Still no motion to compel it is now 10/1/15. Dec 20, 2012 · 10: No aspect of the substantive discovery process, including depositions or written discovery requests, has been completed - or even started.` 11, Indeed, resolution of the motion to strike will have significant implications for the subsequent course of proceedings, including the nature and scope of discovery. (Motion to Strike. JTIP Supplemental Materials Lesson 14 - Pre-Trial Discovery Practice Sample Motion to Compel Discovery SUPERIOR COURT OF THE DISTRICT OF J-123-10 Social File 08 JSF 1111 Honorable Judge Scott Trial Date: March, 2010 MOTION TO COMPEL DISCLOSURE OF COMPLAINANT'S...Motion to Compel Discovery and DNA Sample – Sex Trafficking $ 17.99 Add to Cart. ... Motions Court to produce discovery and compel a DNA sample. Document Preview.
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JOINT MOTION TO MODIFY SCHEDULING ORDER Discovery is currently set to close on April 30, 2010. The parties have conferred and agree that the remaining discovery period is not sufficient to complete the necessary discovery in this litigation, specifically depositions, based on events out ofthe control of counsel. New York. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.If the responses are not timely received, the party sending the requests must follow up in an attempt to informally resolve the discovery dispute and determine when the responses can be expected. This must be done in compliance with Trial Rule 26(f). If the responses are still not provided, the party may then file a Motion to Compel with the Court. Description - Tennessee Motion to Compel Discovery and Deem Requests for Production. This is a Court Sample and NOT a blank form. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. They are presented for illustration purposes only. The discovery dispute underlying the motion initially came before the court at a telephonic discovery conference pursuant to M.R. Civ. P. 26(g). At Murphy's request, the court forwent trying to resolve the dispute by informal means, and authorized the State to file a motion to compel. A motion for discovery is a motion made to the court by the party of a criminal proceeding or civil lawsuit to obtain information or evidence regarding the case, Free Advice explains. Discover is the process of receiving this information, which is a guarantee under the U.S. Constitution.Republicans and the Trump campaign challenged Nevada’s election bill enacted in response to our Four Pillars litigation. The bill legalized ballot collection, adopted a new standard and more generous cure options for signature match, required polling locations on Nevada’s reservations, and many other voting rights expansions necessary for the 2020 general election. Defendant’s Motion to Compel Discovery Related to DNA Evidence I. Introduction This trial has been delayed interminably while the prosecution, and its DNA experts, have stonewalled defendant’s discovery requests, fed defendant false and misleading information about its DNA test procedures, and flouted a discovery order. The Creditors may file a Motion for Relief from the Automatic Stay that requests lifting the stay to allow them to pursue their legal rights. Those motions are most often titled Motion for Relief from Stay, although other titles may also be used, such as a motion to terminate, modify, annul, lift, or condition the automatic stay.
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Feb 21, 2020 · “Doing Discovery” in Family Law Cases: Interrogatories and Requests for Production Authored By: Northwest Justice Project Read this in: Spanish / Español. Read this if you are a party in a contested family law case (“contested” means you and the other party disagree about issues) AND you want or need to get more information from the other party about their side of the issues. #3900EN (The defendants did, in fact, commence a new lawsuit to enforce the settlement agreement and prevailed, see Anago Franchising, Inc. v. Shaz, LLC). But, of course, the reason that parties consent to the district court’s retention of jurisdiction is to avoid the cost and time of pursuing compliance with a settlement agreement in a new case. Defendant’s Motion to Compel Discovery Related to DNA Evidence I. Introduction This trial has been delayed interminably while the prosecution, and its DNA experts, have stonewalled defendant’s discovery requests, fed defendant false and misleading information about its DNA test procedures, and flouted a discovery order. The
Dec 16, 2009 · Update: This motion was granted. Some on this board have doubted my commitment to college football. Even though I didn’t go to a school with a major FCS team, I adopted Michigan long, long ago ... 19. In New York State Com'n on Government Integrity v. Congel, 156 A.D.2d 274, 280, 548 N.Y.S.2d 663, 668 (1st Dept. 1989), the First Department explains: [A party] indisputably has the power to compel the attendance of witnesses, and, accordingly, no legal wrong will be suffered by the Carol_Dweck_Mindset_The_New_Psychology_of_Succe(zlibraryexau2g3p_onion).pdf Mindset - Dweck_ Carol.rtf w.godfrey ... 2003·3.65 MB·250,407 Downloads·New! The #1 New York Times Bestseller, with over 3 million sold, now available in a large print edition The Purpose Driven Li ...List the pretrial motions Motion to dismiss Motion for a new trial Motion to make more definite and certain Motion to strike Motion for judgment on the pleadings Motion for judgement n.o.v. Motion for directed verdict Motion to compel discovery Motion for summary judgment See full list on legaldictionary.net The possible consequences in failing to comply with a motion to compel may include court sanctions, including penalties for contempt of court. 10. Two ways paralegals can assist in the discovery process are by assisting the attorney in drafting appropriate discovery requests to the opposing party and...All of these objections must be raised in a motion to compel. The motion should set forth the law on discovery, and the law’s distinction between discovery and admissibility.3 As one court noted, the central notion of modern discovery practice is that the right to obtain production and statements from the defendant must be kept “entirely ... Dec 12, 2014 · If the parties cannot agree how to resolve a discovery dispute, or a party refuses to tender discovery documents, FINRA arbitration allows for a motion to compel discovery. Like in court, a motion to compel discovery in FINRA arbitration requests that the opposing party should explain themselves to the arbitrator, and that the arbitrator panel ... Oct 18, 2011 · The second is a motion for summary judgment, typically filed after discovery is completed. A motion to dismiss essentially asserts that the plaintiff has failed to state a viable cause of action. Typical examples are where a plaintiff fails to (or cannot) set forth all of the necessary elements of a claim or misses the statute of limitations.
In Gilbert v.Highland Hospital, Case No. 2015/03896, 2016 NY Slip Op 26147 (Supreme Court of New York, Monroe County, Mar. 24, 2016), a medical malpractice case, Plaintiff sued Defendant hospital on behalf of Plaintiff’s decedent, who presented at the hospital with nausea, abdominal pain and vomiting and was released several hours later without being seen by a doctor. California Points and Authorities gives you the resources you need to effectively represent your clients in law and motion practice as well as at all other stages of litigation. With extensive-cross referencing to California Forms of Pleading and Practice from Matthew Bender, the set is a useful timesaving tool. Along with the American Civil Liberties Union and the New York Civil Liberties Union, we write on behalf of plaintiff Edith Schlain Windsor ("Ms. Windsor") in the above-captioned matter. As discussed with Your Honor last week, and as set forth below, we respectfully submit this letter in accordance with Fed. R. Civ. P. 37 to compel Dec 06, 2019 · The past several months have seen significant decisions concerning Article 31 discovery in the Surrogate’s Court where topics such as electronic discovery the costs of document production the ... Apr 16, 2020 · Moreover, an out-of-state party cannot use a subpoena to go on a fishing expedition but only to “compel the production of specific documents that are relevant and material to the factual issues in a pending proceeding” (Matter of Home Box Office Inc. v Laster, No. 153946/2019 [Sup Ct, New York County Jun. 5, 2019] [granting motion to quash ...
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file an Answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits. 3. This motion is brought because default default judgment was/were taken against defendant: Defendant was mistaken as to some material fact or law relating to defendant’s duty to respond. The lawyer who ignores these basic principles risks both a motion for sanctions and the possibility of a disciplinary complaint. Motion for Sanctions. The risk of judicial sanctions was illustrated by the decision of Supreme Court Judge Arthur M. Schack in Robertson v. United Equities Inc., #35718/04, New York Law Journal, July 11, 2008. The ...
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Guided discovery, also known as an inductive approach, is a technique where a teacher provides examples of a language item and helps the learners to find the rules themselves. In the classroom Guided discovery is regarded by many teachers as an important tool.Dec 22, 2019 · An objection regarding an inflammatory statement or question would likely require significant judgment on the part of the judge as to whether or not it was inflammatory and appropriate for being disallowed, unless the statement was clearly and unquestionably inflammatory. Apr 10, 2020 · For instance, an accused DUI offender can file a motion to challenge the legality of the traffic stop. According to Avvo, a pretrial omnibus motion may be filed by the defendant to demand discovery of any statements made by the defendant and copies of evidence.
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File a Motion for Protective Order: If you believe the insurance company’s discovery requests are excessive, you may file a motion with the Commission asking that discovery be limited. The Commission has the authority to limit the frequency or extent of discovery if it is unreasonably cumulative, duplicative, or expense. eastern district of new york -----x in re: gregory wire chapter 7 case no: 12-73922 motion -----x _____ motion to compel trustee to abandon his interest in debtor’s residence and conclude the meeting of creditors Your attorney can determine when objections are not valid and can file a motion for the court to compel a response to the discovery request under CLPR 3124. Uniform Rule 202.7 requires that with a motion to compel discovery, your attorney must also include “ an affirmation that counsel has conferred with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.” Guided discovery, also known as an inductive approach, is a technique where a teacher provides examples of a language item and helps the learners to find the rules themselves. In the classroom Guided discovery is regarded by many teachers as an important tool.possession to warrant the need to discovery. To the extent the Court would permit discovery, however, Defendant requests that, as provided in R. 4:46-5(a), a continuance be ordered to permit the identified discovery and this Motion then be considered with the benefit of that discovery. “For every motion there is a cross motion.” Caution: An untimely cross motion may be denied, even if meritorious. CPLR 3212(a), as amended at the Court systems request in 1996, provides with respect to summary judgment motions that: If no [date for the making of such a motion] is set by the court, such motion shall be made no later than one hundred and twenty days after the filing of the ... Plaintiff’s Motion to Remand. Morris v. Alza Corporation Description: In this case, the plaintiff, represented by Heygood, Orr & Pearson, sued several drug companies that manufacture and distribute a fentanyl patch. One of the defendants, Alza Corporation, is located in California and manufactures the patch there. Consequently, the branch of defendant’s motion seeking summary judgment dismissing the complaint was properly denied (see Zuckerman v City of New York, 49 NY2d 557 ). The branch of defendant’s motion seeking, in the alternative, to compel plaintiff to appear for an EBT should have been granted (see CPLR 3101 [a]). The simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and to dispose of unmeritorious claims. See Swierkiewicz, 534 U.S. at 512. Indeed, courts have found that if the information sought by the motion is obtainable through discovery, the motion should be denied. Nov 20, 2013 · The legal standard in New York for succeeding on, and for defeating, a motion for summary judgement, is pretty clear. To win a motion for summary judgement, a party has to show that it is entitled to judgement as a matter of law. That sounds right, even if it is kind of a definition without a meaning.