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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

For the Northern District of California

United States District Court

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TRIA BEAUTY, INC.,
v.

No. C 10-5030 RS

Plaintiff,

ORDER RE BRIEFING OF MOTION
TO STRIKE

RADIANCY, INC.,
Defendant.
____________________________________/

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On April 5, 2012, Kimberly Kardashian, filed a defensive motion for summary judgment,

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contending that the counterclaims brought against her by Radiancy, Inc. lack merit. The same day,

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Radiancy filed an offensive motion for partial summary judgment on its counterclaims against Tria

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Beauty, Inc. Both motions were set for hearing on May 10, 2012.

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On April 27, 2012, Radiancy filed a second motion for partial summary judgment, noticed

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for hearing on June 7, 2012. Although the notice of the motion asserts that Radiancy seeks partial

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judgment as to its own counterclaims, that appears to have been mistakenly copied from its earlier

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motion; the second motion is defensive in nature, and contends that Tria’s damages claims are not

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supported by competent evidence.

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As a matter of routine scheduling practice, a Clerk’s Notice issued consolidating the motions

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for hearing on the June 7, 2012 date. In the interim, however, Tria has filed a motion to strike

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Radiancy’s second motion for summary judgment, and a motion under Civil Local 6-3 seeking
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resolution of the motion to strike prior to the time it would otherwise be required to file substantive

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opposition to the Radiancy’s second summary judgment motion.

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Good cause appearing, it is ordered:

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(1) In the event Radiancy’s second motion for summary judgment is not stricken, substantive

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opposition thereto shall be filed on or before May 24, 2012, with any reply filed within one week

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thereafter.

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(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.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated May 2, 2012

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RICHARD SEEBORG

UNITED STATES DISTRICT JUDGE

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