Soilworks LLC v Midwest Industrial Supply Inc

Filing 98

ORDER granting 97 Motion to Amend/Correct. Signed by Judge David G Campbell on 9/5/2008.(NVJ)

Soilworks LLC v Midwest Industrial Supply Inc

Doc. 98

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Soilworks, LLC, an Arizona corporation, ) ) Plaintiff/Counterdefendant/ ) ) Counterclaimant, ) ) vs. ) Midwest Industrial Supply, Inc., an Ohio ) corporation authorized to do business in ) ) Arizona, ) Defendant/Counterclaimant/ ) ) Counterdefendant. ) )

No. CV-06-2141-PHX-DGC ORDER

On August 7, 2008, the Court issued an order granting in part and denying in part the parties' motions for summary judgment. Dkt. #94; see Dkt. ##78-79. Midwest has filed a motion for clarification of that order. Dkt. #97. In summarizing its rulings, the Court stated that "[s]ummary judgment is denied with respect to Midwest's claims for a declaratory judgment that Soilworks infringes the `266 and `270 Patents." Dkt. #94 at 24-25, ¶ 1(h). Midwest seeks clarification that "it is Soilworks' summary judgment motion that is denied" with respect to Midwest's claims for infringement. Dkt. #97 at 3-4 (emphasis in original). As Midwest correctly notes in its motion, it did not seek summary judgment on its infringement claims. Id. at 3 (citing Dkt. #78 at 3 n.1). Midwest is therefore correct in concluding that when the Court denied summary judgment with respect to Midwest's

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infringement claims, it was denying Soilworks' request for summary judgment. See Dkt. #94 at 22-23. IT IS ORDERED: 1. 2. Midwest's motion for clarification (Dkt. #97) is granted. In its August 7, 2008 order, the Court denied Soilworks' summary judgment motion with respect to Midwest's claims for a declaratory judgment of infringement. DATED this 5th day of September, 2008.

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