Carson Industries, Inc. v. American Technology Network, Corp.

Filing 119

ORDER TO SHOW CAUSE WHY CARSON'S SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT SHOULD NOT BE GRANTED AND ATN'S EVIDENCE EXCLUDED. Dkt. Nos. 111 116 . Signed by Judge Nathanael Cousins on 10/27/2015. (lmh, COURT STAFF) (Filed on 10/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARSON INDUSTRIES, INC.,
Plaintiff,

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United States District Court
Northern District of California

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MOTION FOR SUMMARY
AMERICAN TECHNOLOGY

JUDGMENT SHOULD NOT BE

NETWORK, CORP.,

GRANTED AND ATN’S EVIDENCE

Defendant.

EXCLUDED
Dkt. Nos. 111, 116

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ORDER TO SHOW CAUSE WHY
CARSON’S SUPPLEMENTAL

v.

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Case No. 14-cv-01769-NC

By its order on October 9, 2015, this Court set a briefing schedule on a

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supplemental motion for summary judgment by plaintiff Carson. Dkt. No. 111. Carson

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filed its motion as scheduled. Dkt. No. 116. ATN’s opposition was due October 23. To

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date, ATN has not filed a response, a statement of non-opposition, or a motion requesting

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leave to modify the schedule. If ATN does not respond by tomorrow, October 28, it is

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forewarned that the Court may grant Carson’s motion.

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In the same order, the Court required ATN to identify by October 23 the evidence

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(expected witness testimony and proposed trial exhibits) that supports the proposition that

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it returned 419 (rather than 327) goggle units to Carson. Again, no response has been

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filed. If ATN does not respond by tomorrow, October 28, it is forewarned that the Court

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may exclude ATN’s evidence.

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IT IS SO ORDERED.

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Dated: October 27, 2015

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Case No. 14-cv-01769-NC

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NATHANAEL M. COUSINS
United States Magistrate Judge