Xoran Holdings LLC et al v. David Luick et al

Filing 190

ORDER Striking ECF Nos. 188, 189. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
XORAN HOLDINGS LLC, and
XORAN TECHNOLOGIES LLC,
Plaintiffs,
Case No. 16-13703
HON. DENISE PAGE HOOD

v.
DAVID LUICK and TUNGSTEN
MEDICAL NETWORK, LLC,

Defendants.
_______________________________________/
ORDER STRIKING ECF Nos. 188, 189
On September 27, 2019, the Court entered an Order, stating in relevant part:
Defendants filed a Motion to Adjourn dates based on the need for
more discovery. The Court has extended the discovery period as set
forth in Section III.B, and the parties shall have until November 4, 2019
to file dispositive motions. Accordingly, the Motion to Adjourn All
Remaining Dates is granted. New Final Pretrial Conference and Trial
dates will be established by the Court upon resolution of any new
dispositive motions filed with the Court or, in the absence, of any such
dispositive motions, shortly after November 4, 2019.
ECF No. 182, PgID 5409-10. The Court notes that the extension of dates was made
at Defendants’ request and the September 27, 2019 Order expressly states that the
parties shall have until November 4, 2019 to file dispositive motions. The Court has
not entered an Order rescinding or modifying the September 27, 2019 Order.
1

On November 27, 2019, Defendants filed a Motion for Summary Judgment,
ECF No. 188, and a Motion for Summary Judgment (Continuation of Exhibits), ECF
No. 189. The Court finds that Defendants’ Motion(s) for Summary Judgment filed
on November 27, 2019 are untimely, as they were filed more than three weeks (23
days) after they were due.
Accordingly, for the reasons set forth above, the Court ORDERS the Clerk of
the Court TO STRIKE Defendants’ Motion for Summary Judgment, ECF No. 188,
and Defendants’ Motion for Summary Judgment (Continuation of Exhibits), ECF No.
189.
IT IS ORDERED.
s/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE

Dated: December 4, 2019

2