Cabell v. Zorro Productions, Inc. et al

Filing 205

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)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
11

ROBERT W. CABELL,

Case No. 5:15-cv-00771-EJD

United States District Court
Northern District of California

Plaintiff,
12
v.
13
14

ZORRO PRODUCTIONS INC., et al.,
Defendants.

ORDER DENYING PLAINTIFF’S
ADMINISTRATIVE MOTION TO
SEVER DEFENDANTS’ MOTION FOR
PARTIAL SUMMARY JUDGMENT
Re: Dkt. No. 203

15
16
17

Presently before the Court is Plaintiff Robert Cabell’s (“Plaintiff”) Administrative Motion

18

to Sever Defendants’ Motion for Partial Summary Judgment as to Claim 1 for Copyright

19

Infringement. Dkt. No. 203. Plaintiff argues that Defendants’ motion should be severed because

20

it seeks summary judgment on Counts 1 and 2 of the Second Amended Complaint (“SAC”),

21

whereas Plaintiff’s own motion for summary judgment—which was filed first—only seeks

22

summary judgment on Count 2. Id. As such, Plaintiff argues, Defendants’ motion is not a proper

23

cross-motion and severance is warranted. Id.

24

The Court disagrees. Nothing in the Court’s Standing Order or the case management

25

orders issued in this case require that Defendants’ cross-motion be limited to only the claims for

26

which Plaintiff seeks summary judgment. As such, there is no good cause to sever. Further, by

27

combining their opposition to Plaintiff’s motion for summary judgment and its own cross-motion

28

Case No.: 5:15-cv-00771-EJD
ORDER DENYING PLAINTIFF'S ADMINISTRATIVE MOTION TO SEVER
1

1

for summary judgment in a single 25-page filing, Defendants appear to have complied with the

2

Court’s orders. It is now Plaintiff’s turn to do the same. Plaintiff’s administrative motion is

3

DENIED.

4
5
6
7

IT IS SO ORDERED.
Dated: December 28, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No.: 5:15-cv-00771-EJD
ORDER DENYING PLAINTIFF'S ADMINISTRATIVE MOTION TO SEVER
2