Ultra Internet Media, S.A. v. Harrah's License Company, LLC

Filing 285

ORDER Granting 193 Motion to Exceed Page Limit Pursuant and Granting 198 Motion to Strike or File a Surreply. Movants shall file a surreply in response to GigaMedia's reply in support of the motion for partial summary judgment forthwith.. Signed by Judge James C. Mahan on 8/5/11. (Copies have been distributed pursuant to the NEF - ASB)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
ULTRA INTERNET MEDIA S.A.,

7
8

2:10-CV-455 JCM (RJJ)

Plaintiff,

9

v.

10

HARRAH’S LICENSE COMPANY,
LLC,

11
12

Defendant.

13
14

ORDER

15
16

Presently before the court is Ultra Internet Media, S.A.’s (“UIM”) motion to exceed page
limit pursuant to LR 7-4. (Doc. #193). To date, no response has been filed.

17

Also before the court is Caesars Interactive Entertainment and Caesars License Company’s

18

motion to strike or request for leave to file surreply in response to GigaMedia Limited’s reply in

19

support of motion for partial summary judgment. (Doc. #198). Consolidated defendant GigaMedia

20

Limited has responded (doc. #248), and Caesars has replied (doc. #260).

21

I.

Motion to Exceed Page Limit

22

Local Rule 7-4 states that, “[u]nless otherwise ordered by the court, pretrial and post-trial

23

briefs and points and authorities in support of, or in response to, motions shall be limited to thirty

24

(30) pages.” Here, UIM requests permission to exceed this page limit by fourteen pages due to the

25

complex legal and factual issues raised in the parties’ competing motions for partial summary

26

judgment. In light of the fact that no opposition to the motion has been filed, and considering the fact

27

that this is UIM’s first such motion, the court grants the page extension.

28
James C. Mahan
U.S. District Judge

1

II.

Motion to Strike or File Surreply

2

Caesars argues that GigaMedia included new arguments and evidence in its reply (doc. #176)

3

in support of its motion for summary judgment, and the court should either strike the new material

4

or allow Caesars to file a surreply. Caesars has attached a proposed surreply and affidavit as exhibits

5

to the motion. (See docs. #198-A and 198-B). GigaMedia responds that none of the argument in the

6

reply is new; rather, the material merely clarifies arguments made previously and refutes issues

7

raised in the opposition.

8

In the interest of considering all the evidence, especially in a case as factually complex as

9

this, the court denies the motion to strike but grants the motion to file a surreply. The court shall

10

consider the entirety of the reply (doc. #176) and the surreply in ruling on the motion for summary

11

judgment (doc. #158). Caesars shall file the surreply forthwith.

12

Accordingly,

13

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motion to exceed page

14

limit (doc. #193) be, and the same hereby is, GRANTED;

15

IT IS FURTHER ORDERED that the motion to strike or file a surreply (doc. #198) be, and

16

the same hereby is, GRANTED in part. Movants shall file a surreply in response to GigaMedia’s

17

reply in support of the motion for partial summary judgment forthwith.

18

DATED August 5, 2011.

19
20
UNITED STATES DISTRICT JUDGE
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-