Tria Beauty, Inc. v. Radiancy, Inc

Filing 157

ORDER by Judge Seeborg Re 153 Motion to Shorten Time (rslc1, COURT STAFF) (Filed on 5/2/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION For the Northern District of California United States District Court 10 11 12 13 14 15 TRIA BEAUTY, INC., v. No. C 10-5030 RS Plaintiff, ORDER RE BRIEFING OF MOTION TO STRIKE RADIANCY, INC., Defendant. ____________________________________/ 16 17 On April 5, 2012, Kimberly Kardashian, filed a defensive motion for summary judgment, 18 contending that the counterclaims brought against her by Radiancy, Inc. lack merit. The same day, 19 Radiancy filed an offensive motion for partial summary judgment on its counterclaims against Tria 20 Beauty, Inc. Both motions were set for hearing on May 10, 2012. 21 On April 27, 2012, Radiancy filed a second motion for partial summary judgment, noticed 22 for hearing on June 7, 2012. Although the notice of the motion asserts that Radiancy seeks partial 23 judgment as to its own counterclaims, that appears to have been mistakenly copied from its earlier 24 motion; the second motion is defensive in nature, and contends that Tria’s damages claims are not 25 supported by competent evidence. 26 As a matter of routine scheduling practice, a Clerk’s Notice issued consolidating the motions 27 for hearing on the June 7, 2012 date. In the interim, however, Tria has filed a motion to strike 28 Radiancy’s second motion for summary judgment, and a motion under Civil Local 6-3 seeking 1 1 resolution of the motion to strike prior to the time it would otherwise be required to file substantive 2 opposition to the Radiancy’s second summary judgment motion. 3 Good cause appearing, it is ordered: 4 (1) In the event Radiancy’s second motion for summary judgment is not stricken, substantive 5 opposition thereto shall be filed on or before May 24, 2012, with any reply filed within one week 6 thereafter. 7 8 (2) Radiancy shall file any opposition to Tria’s motion to strike no later than May 7, 2012. That motion will then be taken under submission without further briefing or oral argument. 9 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 11 Dated May 2, 2012 12 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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