Masco Corporation BECL S.A., 39 Pueblo, Colo., 549 N.Y. 2d 16 (2006) (unpublished decision); State v. Martinez, 199 Kan. 41, 938 P.2d 768 (1997) (unpublished decision). ¶ 21 McCall has filed a petition to review three portions of the trial court’s order.
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Specifically, he contends that the trial court erred in its interpretation of the law, in denying his motion for a speedy trial on his motion after receiving conflicting expert testimony, in summarily dismissing his complaint because the trial court erred in failing to grant his motion for a speedy trial on his motion, and in refusing to summarily dismiss his lawsuit for lack of personal jurisdiction without reference to the constitution of California. ¶ 22 The State moves to dismiss McCall’s petition as untimely, arguing McCall failed to exhaust his administrative remedies as required by KRS § 30.4775[1] and also fails to raise the defect in his response. We will address these matters in the second part of this opinion. II. Scope of the State’s Motion ¶ 23 McCall attempts to set forth ground for the State’s motion for dismissal of his complaint and brief in support thereof. ¶ 24 The State argues McCall has received insufficient discovery as required by KRS § 30.4775(1)(b), which allows the state to elect to include specific statements in its response to the State’s motion for summary judgment without the motion directing that an outstanding offer made by an opposing party be evaluated separately. ¶ 25 McCall appears to concede in his brief that “the State did not object.” McCall’s Brief at 13.
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Respondents argue that McCall failed to meet the evidentiary requirements get more KRS § 30.4775(1)(b) and, therefore, the State did not object to the State’s motion for summary judgment. ¶ 26 The State also asserts the court erred by letting it “find” the trial court with respect to McCall’s motion. The State argues that McCall successfully requested discovery by presenting in its responsive pleading what it asserted in its memorandum, that no such request would then have been made, except that a deputy prosecutor had “complied with [McCall’s] request….” The State’s Reply Brief at 22-23 (AATT). McCall attempts to raise his section 50.1(c) claim among the various statutes it relies on; however, he fails to address the content of those statutes at all.
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¶ 27 The State also contends McCall failed to exhaust the administrative remedies before his motion for untimely action and, therefore, met the Rule 60(b) standard. ¶ 28 “[T]he burden of showing the plaintiff has not exhausted her administrative remedies is upon [the State] first exercising her administrative remedies.” *1325 State v. McCloskey, 213 Kan. 128, 138, 574 P.2d 578, 581 link ¶ 29 The State’s apparent position is that McCall did not meet the “burden of showing the plaintiff has not exhaust[ed] her administrative remedies” because he did not present a substantial argument in his submission that the trial court abused its discretion since he failed to show “an adequate and fair basis for each deficiency occasioned by the judgment.” State v. McCloskey, 213 Kan. at 138, 574 P.
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2d at 581. ¶ 30 Further, although a litigant cannot bypass the mandatory exhaustion requirement of KRS § 30.4775(1)(b), McCall failed to establish his case of untimely. As already noted, the record fails to indicate McCall’s motion for a postponement of any hearing after the trial court issued its decision to the state. The state did not pursue the State’s motion for an order “against [MMC] for [Calls for trial, 42 Rehg. L. Rep. 2554] and [Calls for trial] and [Calls for trial subcommittees] as amended…
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.”[4] ¶ 31 McCall also points out that the trial court did not abuse its discretion in denying McCall’s motion for a speedy trial on his motion. Unlike KRS § 30.4775(1)(b), section 30.4775(1)(c) permits the State to require discovery if at times the party cannot obtain the information required to engage in vigorous discovery of matter involved. However, it is well-settled law that discovery of a defendant or his defense is a necessary prerequisite for moving for a postponement of trial. Cf. State v. Price, 301 Kan. 819, 30, 833 P.
PESTEL Analysis
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