The Burlington Insurance Company v. Fitness Anywhere, LLC et al

Filing 65

ORDER Notifying the Defendant Under Rule 56(F) and Requesting Supplemental Briefing. Signed by Judge Chhabria on 12/4/2015. (vclc2S, COURT STAFF) (Filed on 12/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BURLINGTON INSURANCE
COMPANY,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-00983-VC

v.
FITNESS ANYWHERE, LLC, et al.,
Defendants.

ORDER NOTIFYING THE
DEFENDANT UNDER RULE 56(F) AND
REQUESTING SUPPLEMENTAL
BRIEFING
Re: Dkt. Nos. 56, 61

In the papers that WOSS Enterprises has filed in opposition to the Burlington Insurance

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Company's motion for partial summary judgment, and in support of WOSS Enterprises' own

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motion for summary judgment against Berkley Assurance Company, WOSS Enterprises has not

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provided evidence or argument that would support a conclusion that the plaintiff in the underlying

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case used the allegedly infringing phrases as a slogan. WOSS Enterprises is invited to file a

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supplemental brief on this issue, not to exceed 10 pages, by no later than Monday, December 7,

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2015. In addition, WOSS Enterprises is hereby notified that the Court is not merely inclined to

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grant summary judgment to the Burlington Insurance Company on the current record, but also to

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enter summary judgment sua sponte in favor of Berkley Assurance Company. WOSS Enterprises

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is invited to articulate any argument, in the supplemental brief, why the Court should not do that.

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See Fed. R. Civ. P. 56(f); Albino v. Baca, 747 F.3d 1162, 1176 (9th Cir. 2014).
IT IS SO ORDERED.
Dated: December 4, 2015
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VINCE CHHABRIA
United States District Judge