Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 118

ORDER DENYING DEFENDANTS' 66 REVISED MOTION FOR SUMMARY JUDGMENT AND DENYING OTHER PENDING MOTIONS: 38 Motion to Bifurcate; 80 Motion to Exclude Late Produced Documents; 108 Motion to Strike the Declaration of Patrick Sullivan and extending discovery to: 4/1/2009. Signed by District Judge Anna Diggs Taylor. (JCur)

Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Doc. 118

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EIGHT MILE STYLE, LLC and MARTIN AFFILIATED, LLC Plaintiffs, vs APPLE COMPUTER, INC. and INTERVENOR AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants. / Richard S. Busch (TN BRP#14594) King & Ballow 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs Howard Hertz (P26653) Jay G. Yasso (P45484) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs Kelly M. Klaus Munger, Tolles & Olson, LLP 355 South Grand Avenue, #3500 Los Angeles, CA 90071-1560 [phone] [e-mail] Attorneys for Defendants Daniel D. Quick (P48109) Dickinson Wright PLLC 38525 Woodward Avenue, #2000 Bloomfield Hills, MI 48304 [phone] [e-mail] Attorneys for Defendants / ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING OTHER PENDING MOTIONS WHEREAS, counsel for Plaintiffs and Defendants appeared before the Court on December 4, 2008 for oral arguments on the following motions: 1. 2. Defendants' Revised Motion for Summary Judgment; Defendants' Motion to Strike the Declaration of Patrick Sullivan; Case No. 2:07-cv-13164 Hon. Anna Diggs Taylor

Dockets.Justia.com

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Plaintiffs' Motion to Exclude Late-Produced Documents; and Defendants' Motion to Bifurcate.

The Court having heard oral arguments and being fully advised in the premises: IT IS HEREBY ORDERED as follows: 1. 2. 3. 4. 5. Defendants' Revised Motion for Summary Judgment [D/E-66] is hereby DENIED; Defendants' Motion to Strike the Declaration of Patrick Sullivan [D/E-108] is hereby DENIED; Plaintiffs' Motion to Exclude Late-Produced Documents [D/E-80] is hereby DENIED; Defendants' Motion to Bifurcate [D/E-38] is hereby DENIED; and Both parties are granted additional time for discovery regarding follow-up as to

documents produced by both parties after the close of discovery and as to damages (for the avoidance of doubt, documents submitted with Court filings after the close of discovery were produced within the meaning of this Paragraph 5 if the same documents were not previously produced in discovery in this action). The final date for such discovery shall be April 1, 2009. IT IS SO ORDERED. Dated: February 24, 2009 S/ ANNA DIGGS TAYLOR U.S. DISTRICT COURT JUDGE Approved as to form and notice of entry waived. /s/ Howard Hertz Howard Hertz (P26653) Jay G. Yasso (P45484) Hertz Schram PC 1760 South Telegraph Road, #300 Bloomfield Hills, MI 48302 [phone] [e-mail] Attorneys for Plaintiffs 2

Richard S. Busch (TN BRP#14594) King & Ballow 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs /s/ Daniel D. Quick Daniel D. Quick (P48109) Dickinson Wright PLLC 38525 Woodward Avenue, #2000 Bloomfield Hills, MI 48304 [e-mail] Attorneys for Defendants Kelly M. Klaus Munger, Tolles & Olson, LLP 355 South Grand Avenue, #3500 Los Angeles, CA 90071-1560 [phone] [e-mail] Attorneys for Defendants

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail disclosed on the Notice of Electronic Filing on February 24, 2009. s/Johnetta M. Curry-Williams Case Manager

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