Cabell v. Zorro Productions, Inc. et al
Filing
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ORDER DENYING 203 PLAINTIFF'S ADMINISTRATIVE MOTION TO SEVER DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Edward J. Davila on 12/28/2017. (ejdlc2S, COURT STAFF) (Filed on 12/28/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ROBERT W. CABELL,
Case No. 5:15-cv-00771-EJD
United States District Court
Northern District of California
Plaintiff,
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v.
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ZORRO PRODUCTIONS INC., et al.,
Defendants.
ORDER DENYING PLAINTIFF’S
ADMINISTRATIVE MOTION TO
SEVER DEFENDANTS’ MOTION FOR
PARTIAL SUMMARY JUDGMENT
Re: Dkt. No. 203
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Presently before the Court is Plaintiff Robert Cabell’s (“Plaintiff”) Administrative Motion
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to Sever Defendants’ Motion for Partial Summary Judgment as to Claim 1 for Copyright
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Infringement. Dkt. No. 203. Plaintiff argues that Defendants’ motion should be severed because
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it seeks summary judgment on Counts 1 and 2 of the Second Amended Complaint (“SAC”),
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whereas Plaintiff’s own motion for summary judgment—which was filed first—only seeks
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summary judgment on Count 2. Id. As such, Plaintiff argues, Defendants’ motion is not a proper
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cross-motion and severance is warranted. Id.
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The Court disagrees. Nothing in the Court’s Standing Order or the case management
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orders issued in this case require that Defendants’ cross-motion be limited to only the claims for
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which Plaintiff seeks summary judgment. As such, there is no good cause to sever. Further, by
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combining their opposition to Plaintiff’s motion for summary judgment and its own cross-motion
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Case No.: 5:15-cv-00771-EJD
ORDER DENYING PLAINTIFF'S ADMINISTRATIVE MOTION TO SEVER
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for summary judgment in a single 25-page filing, Defendants appear to have complied with the
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Court’s orders. It is now Plaintiff’s turn to do the same. Plaintiff’s administrative motion is
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DENIED.
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IT IS SO ORDERED.
Dated: December 28, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge
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United States District Court
Northern District of California
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Case No.: 5:15-cv-00771-EJD
ORDER DENYING PLAINTIFF'S ADMINISTRATIVE MOTION TO SEVER
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