United States District Court, N.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
MADELINE HUGHES HAIKALA, UNITED STATES DISTRICT JUDGE.
matter is before the Court on two motions. Defendant Beretta
USA Corp. has filed a motion to strike in which Beretta asks
the Court (1) to suspend the summary judgment briefing
schedule; (2) to strike plaintiff Steyr Arms, Inc.'s
memorandum in support of its summary judgment motion because
the memorandum does not comply with a court order governing
page limits for briefing; and (3) to strike certain portions
of a declaration that Steyr filed in support of its summary
judgment motion. (Doc. 50). Steyr has filed a Rule 56(d)
motion in which Steyr asks for permission to depose Jason
Kellogg to enable Steyr to respond to Beretta's summary
judgment motion. (Doc. 53). This order resolves both motions.
complaint, Steyr asserts a claim of patent infringement
against Beretta in connection with United States Letters
Patent No. 6, 260, 301 entitled, "Pistol, Whose Housing
Is Composed of Plastic." (Doc. 1, ¶ 7). On March
23, 2016, the Court entered an Initial Order which sets the
page limits for briefs. (Doc. 12, pp. 5-6). The order states:
"Briefs accompanying motions and briefs in opposition to
motions should not exceed 25 pages unless the Court grants
permission for a party to file a motion that exceeds the
Court's page limits." (Doc. 12, pp. 5-6).
April 19, 2018, the Court issued a memorandum opinion and
claim construction order. (Doc. 40). After a status
conference with the parties, the Court ordered as follows:
[T]he parties shall file summary judgment motions regarding
patent infringement on or before July 27, 2018. If either
party believes it needs discovery to respond to the opposing
party's summary judgment motion, then the party seeking
discovery shall file a Rule 56(d) affidavit or declaration on
or before August 10, 2018. The Court STAYS the remaining
deadlines in this matter and stays formal discovery until
27, 2018, Steyr filed a motion for summary judgment, a
26-page memorandum in support of the motion (20 pages of
which contain substantive content), a 10-page "Statement
of Facts" in support of its summary judgment motion, and
two declarations. (Docs. 43, 44, 44-1, 44-2, 44-4). The same
day, Beretta filed a motion for partial summary judgment, a
33-page memorandum in support of the motion (25 pages of
which contain substantive content), and two declarations.
(Docs. 45, 46-1, 46-12, 48).
August 3, 2018, Beretta filed its motion to strike, (Doc.
50), and on August 10, 2018, Steyr filed its Rule 56(d)
motion, (Doc. 53). This Court suspended the summary judgment
briefing schedule, pending resolution of Beretta's motion
to strike and Steyr's Rule 56(d) motion. (Doc. 56).
BERETTA'S MOTION TO STRIKE
Request to Suspend Briefing Schedule
asked the Court to suspend the briefing schedule for the
parties' cross-motions for summary judgment. (Doc. 50, p.
2). On August 15, 2018, this Court entered an order
suspending the summary judgment briefing schedule. (Doc. 56).
Accordingly, Beretta's motion as it relates to suspension
of the briefing schedule is moot.
Request to Strike Steyr's Summary ...