Pactool International Ltd v. Dewalt Industrial Tool Co et al

Filing 174

ORDER Requesting Response by Judge Benjamin H Settle re 160 MOTION for Reconsideration re 149 Order on Motion for Summary Judgment as to Certain Affirmative Defenses. 160 MOTION for Reconsideration RENOTED to 3/25/2011. (TG)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA PACTOOL INTERNATIONAL LTD., a Washington corporation, CASE NO. C06-5367BHS Plaintiff, v. KETT TOOL COMPANY INC., an Ohio corporation; and H. ROWE HOFFMAN, chairman and part owner of Kett Tool Company, Inc., Defendants. ORDER REQUESTING RESPONSE TO DEFENDANTS' MOTION FOR RECONSIDERATION

This matter comes before the Court on Defendants' motion for reconsideration (Dkt. 160). The Court has considered the motion and the remainder of the file and hereby requests that Plaintiff PacTool International Ltd. ("PacTool") file a response to the motion. I. PROCEDURAL AND FACTUAL BACKGROUND On January 31, 2011, the Court granted PacTool's motion for summary judgment as to Defendants' affirmative defenses (Dkt. 149). On February 14, 2011, Defendants

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ORDER - 1

filed a motion for reconsideration of the Court's order. (Dkt. 160).

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II. DISCUSSION Motions for reconsideration are governed by Local Rule CR 7(h), which provides in relevant part as follows: No response to a motion for reconsideration shall be filed unless requested by the court. No motion for reconsideration will be granted without such a request. The request will set a time when the response is due, and may limit a briefing schedule to particular issues or points raised by the motion, may authorize a reply, and may prescribe page limitations. Local Rule CR 7(h)(3). The Court has considered the motion for reconsideration and the remainder of the file and hereby requests a response to the motion from PacTool. III. ORDER Therefore, it is hereby ORDERED that PacTool may file a response to Defendants' motion for reconsideration (Dkt. 160) on or before March 21, 2011, in a brief not to exceed 10 pages to which Defendants may file a reply, on or before March

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25, 2011, in a brief not to exceed 5 pages and the motion for reconsideration is RENOTED to March 25, 2011. DATED this 8th day of March, 2011.

A

BENJAMIN H. SETTLE United States District Judge