QL2 Software, LLC v. Rearden Commerce, Inc.

Filing 30

ORDER DENYING WITHOUT PREJUDICE 28 PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Magistrate Judge Laurel Beeler to 10/1/2013.(lblc2, COURT STAFF) (Filed on 10/1/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
QL2 SOFTWARE LLC,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

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REARDEN COMMERCE INC,

No. C13-00899 LB
ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S MOTION
FOR PARTIAL SUMMARY
JUDGMENT

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Defendant.
_____________________________________/

[Re: ECF No. 28]

Plaintiff QL2 Software LLC brings this action against Defendant Rearden Commerce, Inc. for

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allegedly failing to pay the amount owed under a Software License Agreement (“SLA”) that the

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parties executed on or around May 10, 2012. Complaint, ECF No. 1. At the June 27, 2013 case

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management conference, the court set November 1, 2013 as the fact discovery cut-off and February

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6, 2014 as the last date for hearing dispositive motions. 7/3/2013 Order, ECF No. 23 at 2.

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On September 25, 2013, QL2 filed a motion for partial summary judgment. Motion, ECF No.

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28. QL2 asks the court to decide whether Rearden materially breached the SLA by refusing to pay

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monies due and owing under it. Id. at 5. The problem is that QL2 did not file along with its motion

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a joint statement of undisputed facts, and the undersigned’s standing order – which the parties have

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received – requires one. See ADR Scheduling Order, Exh. 1, ECF No. 2-1 (standing order). As the

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standing order clearly states:

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Motions for summary judgment shall be accompanied by a joint statement of the
material facts that the parties agree are not in dispute. The joint statement shall
include – for each undisputed fact – citations to admissible evidence. The parties
shall comply with the procedures set forth in Civil Local Rule 56-1(b). The parties
C13-00899 LB
ORDER

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may not file – and the Court will not consider – separate statements of undisputed
facts. Failure to stipulate to an undisputed fact without a reasonable basis for doing
so may result in sanctions. See Civil L. R. 56-1(b).

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Id. at 3-4. Accordingly, the court DENIES WITHOUT PREJUDICE QL2’s motion for partial

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summary judgment. Once the parties have complied with the undersigned’s standing order and the

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procedures set forth in Civil Local Rule 56, QL2 may re-file its motion (and the joint statement of

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undisputed facts) in accordance with Civil Local Rule 7.

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IT IS SO ORDERED.
Dated: October 1, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C13-00899 LB
ORDER

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