SANDLER v. CALCAGNI et al

Filing 152

RESPONSE to Request to Strike Per LR 56(e) re docket no. 117 filed by BOOKSURGE LLC. (SEGAL, MATTHEW) Modified on 5/6/2008 to remove extra docket text(lrc).

SANDLER v. CALCAGNI et al Doc. 15 UNITED STATES DISTRICT COURT DISTRICT OF MAINE AT BANGOR SHANA SANDLER, Plaintiff v. MIA CALCAGNI, RALPH CALCAGNI, MAUREEN CALCAGNI, PETER MARS, and BOOKSURGE, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00029-GZS BOOKSURGE, LLC'S REPLY STATEMENT OF MATERIAL FACTS TO DEFENDANT PETER MARS BookSurge, LLC ("BookSurge"), pursuant to LR 56(d) & (e), does hereby set forth its Reply Statement of Material Facts to Peter Mars' Response to Defendant BookSurge, LLC's Statement of Material Facts in Support of Motion for Summary Judgment (Dkt. No. 117). Defendant Peter Mars ("Mr. Mars") moved to strike the statements of material fact in 11, 66, 67, 78 and 79 of BookSurge, LLC's Local Rule 56(b) Statement of Material Facts in Support of Motions for Summary Judgment (Dkt. No. 102/106) on the grounds that these statements are unnecessary to the Court's resolution of BookSurge's summary judgment motion because the statements of material fact were not cited in BookSurge's Motion or were only cited in the fact section of BookSurge's Motion. The identified statements were provided as background and context. Mr. Mars' request 1 Dockets.Justia.com should be denied because he cites no legal authority for his argument that the Court should strike these statements, and there is no evidentiary basis to do so. Respectfully submitted, BOOKSURGE, LLC By its attorneys, /s/ Matthew J. Segal Stephen A. Smith (Pro Hac Vice) Matthew J. Segal (Pro Hac Vice) Kari Vander Stoep (Pro Hac Vice) Kirkpatrick & Lockhart Preston Gates Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 May 5, 2008 K:\2040741\00191\20743_KLV\20743P20GH Harold J. Friedman Friedman, Gaythwaite, Wolf & Leavitt P.O. Box 4726 6 City Center Portland, Maine 04112 2 UNITED STATES DISTRICT COURT DISTRICT OF MAINE AT BANGOR SHANA SANDLER, Plaintiff v. MIA CALCAGNI, RALPH CALCAGNI, MAUREEN CALCAGNI, PETER MARS, and BOOKSURGE, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:07-CV-00029-GZS CERTIFICATE OF SERVICE I hereby certify that on May 5, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record. /s/ Dawn M. Taylor______ Dawn M. Taylor, Legal Assistant 3