Varsity Brands, Inc. et al v. Star Athletica, LLC

Filing 198

ORDER DENYING 194 Plaintiffs' Unopposed Sealed Motion for Leave to File Sur-Replies; DENYING 195 Defendant's Motion to Amend Briefing Schedule and DENYING AS MOOT 196 Defendant's Motion to Amend/Correct;. Signed by U.S. District Judge Robert H. Cleland on 12/19/2013. (lgw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

VARSITY BRANDS, INC., et al.,
Plaintiffs/Counter-Defendants,
Case No. 10-02508

v.
STAR ATHLETICA, LLC,
Defendant/Counter-Claimant.
/

ORDER DENYING PLAINTIFFS’ UNOPPOSED MOTION FOR LEAVE TO FILE
SUR-REPLIES, DEFENDANT’S MOTION TO MODIFY BRIEFING SCHEDULE, AND
DEFENDANT’S MOTION TO AMEND/CORRECT
On January 15, 2013, the court issued an order setting a summary judgment
briefing schedule and establishing page limits, with all briefing due by April 26, 2013.
(Pg. ID 2113–14.) Following a joint request by the parties, the court amended its
dispositive briefing deadline to allow approximately one additional month for the parties
to prepare their briefs, with the final brief due on May 24, 2013. (Pg. ID 2118–19.)
Almost three months after the deadline, Defendant filed a motion requesting
leave to file a supplemental memorandum in support of its motion for summary
judgment, arguing that a belated disclosure by Plaintiffs alerted it to a new legal
argument. (Pg. ID 4152–58.) On August 21, 2013, Defendant’s counsel filed a motion
to amend his declaration submitted with Defendant’s motion for supplemental briefing,
stating that he mistakenly represented to the court that he did not receive certain
exhibits until after briefing was closed, when in fact he had received these exhibits on
March 30, 2012. Plaintiffs oppose Defendant’s motion to allow supplemental briefing,
and ask for attorneys’ fees for the inconvenience of having to respond. Separately,

Plaintiffs have also filed an unopposed motion for leave to file sur-replies in support of
their opposition to Defendant’s objections to certain expert testimony, arguing that
Defendant raised new arguments in its replies. (Pg. ID 4129.)
These motions are denied. Briefing for this matter has been closed since May
24, 2013 and the court has the materials it requires to consider the case. The court
apologizes that the matter has been pending for so long, and anticipates issuing a ruling
on the motions by January 31, 2014. Accordingly,
IT IS ORDERED that Plaintiffs’ “Unopposed Motion for Leave to File Sur-Replies
In Support of Oppositions to Star’s Objections” [Dkt. # 194] is DENIED.
IT IS FURTHER ORDERED that Defendant’s “Motion to Amend Briefing
Schedule to File Supplemental Memorandum as to Varsity’s 3d and 4th Claims of
Copyright Infringement” [Dkt. # 195] is DENIED.
IT IS FURTHER ORDERED that Defendant’s “Motion to Amend/Correct”
[Dkt. # 196] is DENIED as moot.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 19, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 19, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-02508.VARSITYBRANDS.MotsAlterBriefingSchedule.jac.wpd

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