Polyzen, Inc. v. Radiadyne, LLC

Filing 88

ORDER dismissing without prejudice 26 Motion for Summary Judgment; dismissing as moot 35 Motion to Amend/Correct; dismissing without prejudice 41 Motion for Summary Judgment; dismissing without prejudice 43 Motion for Summary Judgment; di smissing without prejudice 45 Motion for Summary Judgment; dismissing without prejudice 47 Motion for Summary Judgment; granting 58 Motion to Seal Document ; granting 69 Motion to Seal Document ; granting 72 Motion to Seal Document ; g ranting 86 Motion to Seal Document. Both parties shall have until Monday, April 18, 2016, to resubmit any motion for summary judgment and supporting memorandum in conformance with Local Civil Rule 56.1(a)(1). Signed by Chief Judge James C. Dever III on 3/29/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-323-D

POLYZEN, INC.,
Plaintiff,
v.
RADIADYNE, LLC,
Defendant.

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ORDER

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On June 11, 2015, RadiaDyne, LLC, ("RadiaDyne" or "defendant"), filed a motion for
summary judgment on the affirmative defense of ownership and a memorandum in support [D.E.
26, 27]. On February 5, 2016, RadiaDyne again filed a motion for summary judgment and a
memorandum in support, this time citing the Federal Circuit's decision in Lucent Technologies. Inc.
v. Gateway, Inc., 543 F.3d 710 (Fed. Cir. 2008) [D.E. 41, 42]. Also on February 5, 2016, Polyzen,
Inc., ("Polyzen" or "plaintiff') filed three separate motions for summary judgment along with
memoranda in support of each motion [D.E. 43, 44, 45, 46, 47, 48].
Effective December 1, 2015, the Eastern District ofNorth Carolina amended Local Civil
Rule 56.1. Standing Order 15-S0-3 (E.D.N.C. Nov. 5, 2015). In relevant part, that rule now
requires that "[a]ny motion for summary judgment pursuant to Federal Rule of Civil Procedure 56
... be supported by a separate statement, in numbered paragraphs, of the material facts as to which
the moving party contends there is no genuine dispute." Local Civil Rule 56.1(a)(1). When
opposing a motion for summary judgment, the nonmovant must provide the court with a "separate
statement including a response to each numbered paragraph in the moving party's statement, in
correspondingly numbered paragraphs, and if necessary, additional paragraphs containing a

statement of additional material facts as to which the opposing party contends there is a genuine
dispute." Id. 56.1(a)(2). "Each numbered paragraph in the moving party's statement of material
facts will be deemed admitted for purposes of the motion unless it is specifically controverted by a
correspondingly numbered paragraph in the opposing statement." Id.
The filings made after December 1, 2015, fail to conform with Local Civil Rule 56.1 (a). The
court dismisses without prejudice Polyzen's and RadiaDyne's pending motions for summary
judgment. Both parties shall have until April18, 2016, to refile any motion for summary judgment
in conformity with Local Civil Rule 56.1(a). Responses and replies will conform with the local
rules, including deadlines under the local rules.

In sum, the court DISMISSES WITHOUT PREJUDICE RadiaDyne' s motions for summary
judgment [D.E. 26, 41]. The court likewise DISMISSES WITHOUT PREJUDICE Polyzen's
motions for summary judgment [D.E. 43, 45, 47]. Both parties shall have until Monday, April18,
2016, to resubmit any motion for summary judgment and supporting memorandum in conformance
with Local Civil Rule 56.1(a)(1). For good cause shown, the motions to seal [D.E. 58, 69, 72, 86]
are GRANTED. The joint motion to amend [D.E. 35] is DISMISSED as moot.
SO ORDERED. This _zj_ day of March 2016.

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