SOP SERVICES, INC. et al v. VITAL HUNTING GEAR, INC.

Filing 121

ORDER granting Bear Archery's 112 Motion to Strike Afshari's 107 MOTION for Summary Judgment. (c/m). Signed by Judge Richard L. Young on 1/24/2014. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

SOP SERVICES, INC.,
BEAR ARCHERY, INC.,

)
)
)
Plaintiffs,
)
)
vs.
)
)
VITAL HUNTING GEAR, INC.,
)
ABBAS BEN AFSHARI,
)
)
Defendants.
)
)
______________________________________ )
)
ABBAS BEN AFSHARI,
)
)
Counter Claimant,
)
)
vs.
)
)
BEAR ARCHERY, INC.,
)
ESCALADE INCORPORATED,
)
JACK BOWMAN,
)
)
Counter Defendants.
)

3:11-cv-00112-RLY-WGH

ORDER ON BEAR ARCHERY’S MOTION TO STRIKE AFSHARI’S
SUMMARY JUDGMENT MOTION
The Second Amended Case Management Plan requires that “any summary
judgment motions shall be filed by not later than 135 days after the Court’s Markman
decision.” (Docket # 78-1, III.AA). The court issued its Markman decision on June 5,
2013; thus, all summary judgment motions in this case were required to be filed by
October 18, 2013. Defendant/Counterclaim Plaintiff Abbas Ben Afshari filed his Motion
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for Summary Judgment of Validity and Infringement and Dismissal of Claims Made by
Bear Archery Against Ben Afshari Personally on November 14, 2013. Accordingly,
Plaintiffs/Counterclaim Defendants, SOP Services, Inc. and Bear Archery (collectively
“Bear Archery”), move to strike as untimely Mr. Afshari’s Motion.
Mr. Afshari proceeds in this action pro se. Although pro se litigants are entitled to
lenient standards, compliance with the deadlines imposed by the Case Management Plan
must be enforced particularly where, as here, there is no valid reason given for the late
response. Members v. Paige, 140 F.3d 699, 702 (7th Cir. 1998) (“rules apply to
uncounseled litigants and must be enforced”). Accordingly, Bear Archery’s Motion to
Strike Afshari’s Summary Judgment Motion (Docket # 112) is GRANTED.
Even if the court were to consider the merits of his Motion for Summary
Judgment, the court would deny Mr. Afshari’s cross- motion for the reasons set forth in
its Entry on Bear Archery’s Motion for Summary Judgment.

SO ORDERED this 24th day of January 2014.
_________________________________
__________________________________
RICHARD L. YOUNG, CHIEF JUDGE
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
United District of Indiana
SouthernStates District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

Copy mailed to:
Abbas Ben Afshari
4950 Jennie Kate Lane
Lexington, KY 40610
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