Opinion
Case No. CV 10-03333 LKK (JFMx)
09-17-2012
SOFPOOL LLC, a limited liability company, Plaintiff, v. KMART CORPORATION, a Michigan Corporation, BIG LOTS, INC., an Ohio Corporation, and BIG LOTS STORES, INC., an Ohio Corporation, Defendants. AND RELATED COUNTERCLAIMS.
PAUL L. GALE (SBN 065873) SIAVASH DANIEL RASHTIAN (SBN 228644) TROUTMAN SANDERS LLP Attorneys for Defendants KMART CORPORATION and BIG LOTS STORES, INC. John P. Costello (SBN 16111) COSTELLO LAW CORPORATION Attorneys for Plaintiff SOFPOOL LLC
PAUL L. GALE (SBN 065873)
SIAVASH DANIEL RASHTIAN (SBN 228644)
TROUTMAN SANDERS LLP
Attorneys for Defendants KMART CORPORATION
and BIG LOTS STORES, INC.
John P. Costello (SBN 16111)
COSTELLO LAW CORPORATION
Attorneys for Plaintiff
SOFPOOL LLC
Hon. Lawrence K. Karlton
JOINT STIPULATION AND ORDER FOR
PAGE LIMIT EXTENSION FOR MOTIONS
FOR SUMMARY JUDGMENT
WHEREAS, Plaintiff Sofpool, LLC ("Plaintiff") and Defendants Kmart Corporation ("Kmart") and Big Lots Stores, Inc. ("Big Lots") (Kmart and Big Lots will collectively be referred to as "Defendants") will be filing motions for summary judgment on or before September 27, 2012;
WHEREAS, Pursuant to the Court's Pre-Trial Order (Dkt. 23), "[u]nless prior permission has been granted, memoranda of law in support and in opposition to motions are limited to thirty (30) pages . . . ." (Dkt. 23 at 3:26 - 4:2.)
WHEREAS, this is a design patent infringement case that involves comparisons of patent drawings, the accused product, and the prior art. Plaintiff and Defendants wish to incorporate certain images and drawings into the memorandum in support of their motions for summary judgment to provide context to the written words and to make it easier to read. However, incorporating these images causes the memorandum to exceed 30 pages. This is not due to long-windedness. As the motions are based on two independent grounds (non-infringement and patent invalidity), the memorandum requires two separate analyses. The written part of Plaintiff's and Defendants' memorandum (i.e. without the images) will not exceed the usual 30 page limit.
WHEREAS, Plaintiff and Defendants believe that incorporating the images will assist the Court in considering the issues. As the Court's Pre-Trial Conference Order requires prior permission to file a memorandum in excess of 30 pages and Plaintiff and Defendants cannot obtain such permission by regular motion on regular time before their motions are due, Plaintiff and Defendants respectfully request this permission via this stipulation.
WHEREAS, the Plaintiff and Defendants have agreed that each should have a page limit extension to 40 pages or less when images are incorporated, but which does not exceed 30 pages without such images.
NOW THEREFORE, Plaintiff and Defendants, by and through their respective counsel, hereby stipulate and agree to a 40 page limit or less when images are incorporated, but which does not exceed 30 pages without such images, subject to the Court's approval.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
TROUTMAN SANDERS LLP
By: __________
Paul L. Gale
Attorneys for Defendants
KMART CORPORATION and BIG LOTS
STORES, INC.
COSTELLO LAW CORPORATION
By: __________
John P. Costello
Attorneys for Plaintiff
SOFPOOL, LLC
PURSUANT TO PARTIES' STIPULATION, IT IS SO ORDERED.
____________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT