Kentucky Sample Letter regarding Motion to Dismiss on Shareholder Derivative Claims
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How to fill out Sample Letter Regarding Motion To Dismiss On Shareholder Derivative Claims?
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FAQ
To file a small claims action, you will need to complete the Small Claims Complaint form (AOC-175). You can obtain this form from the Office of Circuit Court Clerk or you can fill out this form online and print a copy.
Rule 41.02 - Involuntary dismissal; effect thereof (1) For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him.
A plaintiff responding to a counterclaim must serve its reply within 20 days after service of the defendant's counterclaim (Ky. R. Civ. P.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater ...
P. 23.05. The claims, issues, or defenses of a certified class may be settled, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
The rule of corporate neutrality provides that generally the corporation may not participate in a derivative action on the merits, unless the action threatens rather than advances the corporate interest. The shareholder who brings the action is the nominal plaintiff.
In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.
