Filed: Nov. 06, 2014
Latest Update: Nov. 06, 2014
Summary: STIPULATED REQUEST FOR LEAVE TO FILE EARLY MOTION FOR SUMMARY JUDGMENT VINCE CHHABRIA, District Judge. Pursuant to Civil L.R. 7-12 and the Court's recommendation at the Case Management Conference held on October 7, 2014, Plaintiff Jerald A. Bovino ("Plaintiff") and Defendant Incase Designs, Corp ("Defendant") hereby jointly request that the Court to allow Defendant to file an early Motion for Summary Judgment on Defendant's defenses to liability and damages based Plaintiff's Settlement and Lic
Summary: STIPULATED REQUEST FOR LEAVE TO FILE EARLY MOTION FOR SUMMARY JUDGMENT VINCE CHHABRIA, District Judge. Pursuant to Civil L.R. 7-12 and the Court's recommendation at the Case Management Conference held on October 7, 2014, Plaintiff Jerald A. Bovino ("Plaintiff") and Defendant Incase Designs, Corp ("Defendant") hereby jointly request that the Court to allow Defendant to file an early Motion for Summary Judgment on Defendant's defenses to liability and damages based Plaintiff's Settlement and Lice..
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STIPULATED REQUEST FOR LEAVE TO FILE EARLY MOTION FOR SUMMARY JUDGMENT
VINCE CHHABRIA, District Judge.
Pursuant to Civil L.R. 7-12 and the Court's recommendation at the Case Management Conference held on October 7, 2014, Plaintiff Jerald A. Bovino ("Plaintiff") and Defendant Incase Designs, Corp ("Defendant") hereby jointly request that the Court to allow Defendant to file an early Motion for Summary Judgment on Defendant's defenses to liability and damages based Plaintiff's Settlement and License Agreement with Apple, Inc. and Target Corporation (the "License Agreement"). In support of this request, the parties state the following:
1. Defendant believes that the terms of the License Agreement provides a license, covenant not to sue, and release that covers Incase and its products.
2. At the CMC, Plaintiff's counsel agreed that if the License Agreement covers the accused products there is no infringement and no damages.
3. The Motion for Summary Judgment can be decided on the papers, as it is purely a matter of contract interpretation.
4. Accordingly, the parties jointly request that the Court allow Defendant to file an early Motion no later than January 15, 2015.
[PROPOSED] ORDER
Pursuant to stipulation, IT IS SO ORDERED.
