Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 528

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Cygnus Systems, Inc. v. Microsoft Corporation, et al Doc. 528 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 R. Lee Steers, Jr., Esq. (State Bar No. 022044) STEERS & STEERS, P.S.C. P.O. Box 6224 Scottsdale, Arizona 85261 Telephone 480-247-7680 Telecopier 480-361-8932 E-mail rls@steerslaw.com ATTORNEYS FOR THE PLAINTIFF IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UC RESTAURANT, LLC, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV05-1602-PHX-MHM Assigned to: Hon. Mary H. Murguia vs. MARICOPA COUNTY, Defendant. PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO STRIKE CERTAIN OF PLAINTIFF'S COUNTERSTATEMENT OF FACTS AND SUPPORTING EXHIBITS OFFERED BY PLAINTIFF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT The defendant Maricopa County (hereinafter, "the County") has filed a motion to strike portions of the plaintiff's counterstatement of facts and supporting exhibits that were tendered by the plaintiff in support of its response to the County's motion for summary judgment. That motion will be hereinafter referred to as "the present motion." Comes now the plaintiff, by counsel, and in response to the present motion states that the motion is not well founded in fact and law, and should be denied, for the reasons set forth in the plaintiff's memorandum of facts and authorities that has been contemporaneously filed in support of this response and is so designated. Dockets.Justia.com UC Restaurant, LLC v. Maricopa County U.S.D.C., District of Arizona, Case No. CV05-1602-PHX-MHM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREFORE, the plaintiff states the foregoing Plaintiff's Response To Defendant's Motion To Strike Plaintiff's Counterstatement Of Facts And Supporting Exhibits Offered By Plaintiff In Support Of Its Response To Defendant's Motion For Summary Judgment on this June 18, 2007. STEERS & STEERS P.O. Box 6224 Scottsdale, Arizona 85261 Attorneys for the Plaintiff By: s/ R. Lee Steers, Jr. CERTIFICATE OF SERVICE The foregoing Plaintiff's Response To Defendant's Motion To Strike Plaintiff's Counterstatement Of Facts And Supporting Exhibits Offered By Plaintiff In Support Of Its Response To Defendant's Motion For Summary Judgment was on this date filed electronically with the Clerk of the United States District Court for the District of Arizona using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Hon. Mary H. Murgia, District Judge United States District Court Suite 525, United States Courthouse SPC 53 Phoenix, Arizona 85003 Presiding Judge Timothy J. Casey, Esq. Schmitt, Schneck, Smyth & Herrod Suite 105 1221 East Osborn Road Phoenix, Arizona 85014 Co-Counsel for the Defendant Dated this June 18, 2007. STEERS & STEERS Attorneys for the Plaintiffs By: s/ R. Lee Steers, Jr. Joseph I. Vigil, Esq. Division of County Counsel Suite 1100, Security Center Building 222 North Central Avenue Phoenix, Arizona 85004 Co-Counsel for the Defendant Plaintiff's Response To Defendant's Motion To Strike Certain Of Plaintiff's Counterstatement Of Facts And Supporting Exhibits Offered By Plaintiff In Support Of Its Response To Defendant's Motion For Summary Judgment Page 2 of 2

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