Steyr Arms Inc v. Beretta USA Corp
||Steyr Arms Inc
||Beretta USA Corp
||September 29, 2015
||US District Court for the Northern District of Alabama
||John H England
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|January 9, 2019
MEMORANDUM OPINION AND ORDER re: MOTION to Strike 50 and MOTION Rule 56(d) 53 - If Steyr chooses to refile its memorandum in support of its motion for summary judgment, and Beretta chooses to object to Steyrs evidence, then, as set forth in Rule 56(c)(2), the Court will consider the substance of objections while ruling on Steyrs summary judgment motion. Therefore, the Court denies without prejudice Berettas motion to strike 50 as it relates to Mr. Byrons declaration. Steyr has identified shortcomings that it believes may exist in Mr. Kelloggs declaration. (Doc. 59 , p. 3). Even if Steyr believes its summary judgment motion is well founded, Steyr would be remiss in not presenting thorough opposition to Berettas summary judgment motio n. Accordingly, the Court grants Steyrs Rule 56(d) motion 53 . For the reasons stated above, the Court directs the Clerk to please strike Steyrs memorandum in support of Steyrs Motion for Summary Judgment (Doc. 44 ) from the docket. Steyr may depose Mr. Kellogg on or before February 8, 2019. Responses to the motions for summary judgment (Docs. 43 , 44 ) are due on or before March 1, 2019. Replies are due on or before March 15, 2019. Signed by Judge Madeline Hughes Haikala on 1/9/2019. (KEK)
|April 19, 2018
MEMORANDUM OPINION AND CLAIM CONSTRUCTION ORDER - The Court construes the three disputed claim limitations as set forth above in this Memorandum Opinion and Claim Construction Order. Signed by Judge Madeline Hughes Haikala on 4/19/2018. (KEK)
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