Motions to dismiss and motions for summary judgment.

CFR · 2024-01-01 · US · Title 14

(a) In lieu of an answer, the respondent may file a motion to dismiss the complaint or a motion for summary judgment on the complaint. The respondent may move for dismissal of the entire complaint or move for dismissal of particular issues from adjudication. The motion must be filed within 20 days after the date of service of the FAA notification of docketing. (b) (i) It appears on its face to be outside the jurisdiction of the Administrator under the Acts listed in § 16.1; (ii) On its face it does not state a claim that warrants an investigation or further action by the FAA; or (iii) The complainant lacks standing to file a complaint under §§ 16.3 and 16.23. (2) A motion to dismiss may seek dismissal of the entire complaint or the dismissal of specified claims in the complaint. A motion to dismiss shall be accompanied by a supporting memorandum of points and authorities. (3) A complainant may file an answer to the motion to dismiss within 10 days of the date the motion is served on the complainant, or within any other period set by the Director. The answer shall be accompanied by a concise statement of reasons for opposing dismissal, and may be accompanied by affidavits and other documentary evidence in support of that contention. (4) Within 30 days of the date an answer to a motion to dismiss is due under this section, the Director may issue an order disposing of the motion. If the Director denies the motion to dismiss in whole or in part, or grants the motion in part, then

official document · source cfr-2024 · id 14:§ 16.26