Sofpool, LLC v. KMart Corporation et al

Filing 53

ORDER signed by Judge Lawrence K. Karlton on 4/11/2012 ORDERING that the Court has reviewed Defendants Kmart Corporation and Big Lots Stores, Inc.'s ("Defendants") 51 ex parte application for an order permitting Defendants to file a memorandum in support of their motion for summary judgment that is in excess of thirty pages when certain drawings and images are incorporated. After reviewing the ex parte application, the Declaration of Paul L. Gale, and the records and pleadings on file, and good cause appearing therefor, the Court GRANTS the application and hereby permits Defendants to file a memorandum in support of their motion for summary judgment that does not exceed 40 pages when images are incorporated, but which does not exceed 30 pages without such images. (Zignago, K.)

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1 2 3 4 5 6 PAUL L. GALE (SBN 065873) paul.gale@troutmansanders.com SIAVASH DANIEL RASHTIAN (SBN 228644) daniel.rashtian@troutmansanders.com TROUTMAN SANDERS LLP 5 Park Plaza, Suite 1400 Irvine, CA 92614-2545 Telephone: 949.622.2700 Facsimile: 949.622.2739 Attorneys for Defendants KMART CORPORATION and BIG LOTS STORES, INC. 7 8 9 SUITE 1400 I R V I N E , CA 9 2 6 1 4 - 2 5 4 5 5 PARK PLAZA UNITED STATES DISTRICT COURT 11 T ROUTMAN S ANDERS LLP 10 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 SOFPOOL LLC, a limited liability company, 15 Case No. CV 10-03333 LKK (JFM) Hon. Lawrence K. Karlton Plaintiff, 16 v. 17 18 19 KMART CORPORATION, a Michigan Corporation, BIG LOTS, INC., an Ohio Corporation, and BIG LOTS STORES, INC., an Ohio Corporation, 20 ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR PAGE LIMIT EXTENSION FOR MOTION FOR SUMMARY JUDGMENT Defendants. 21 22 AND RELATED COUNTERCLAIMS. 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR PAGE LIMIT EXTENSION FOR MOTION FOR SUMMARY JUDGMENT 1138989v1 1 2 The Court has reviewed Defendants Kmart Corporation and Big Lots Stores, Inc.’s 3 (“Defendants”) ex parte application for an order permitting Defendants to file a 4 memorandum in support of their motion for summary judgment that is in excess of thirty 5 pages when certain drawings and images are incorporated. After reviewing the ex parte 6 application, the Declaration of Paul L. Gale, and the records and pleadings on file, and 7 good cause appearing therefor, the Court GRANTS the application and hereby permits 8 Defendants to file a memorandum in support of their motion for summary judgment that 9 does not exceed 40 pages when images are incorporated, but which does not exceed 30 10 pages without such images. 11 SUITE 1400 I R V I N E , CA 9 2 6 1 4 - 2 5 4 5 5 PARK PLAZA T ROUTMAN S ANDERS LLP 12 IT IS SO ORDERED 13 14 Dated: April 11, 2012 _______________________________________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1[PROPOSED] ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR PAGE LIMIT EXTENSION FOR MOTION FOR SUMMARY JUDGMENT 1138989v1

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