Opinion
Case No. 05 CV 797 H (JMA).
September 22, 2005
On September 19, 2005, the Court held argument on Plaintiff's motion for summary judgment. Defendant Tony Colida appeared telephonically with attorney Lazar Sarna. During that conference, Defendant Colida stipulated that Defendant President Electronics, Ltd. would withdraw itself from the counterclaim asserted by Defendants against Plaintiff Kyocera Wireless Corp. In accordance with Defendants' request, the Court ORDERS that President Electronics be dismissed from Defendants' counterclaim.
By separate order, the Court GRANTS Plaintiff's motion for summary judgment of noninfringement. Defendant's counter-claim, however, remains pending. Kyocera shall bring a motion for summary judgment on Defendant's counterclaim no later than Monday, October 17, 2005. Kyocera may incorporate by reference its arguments from its previous briefing. Mr. Colida may file an opposition no later than Monday, October 24, 2005, with Kyocera's reply due no later than Monday, October 31, 2005. The Court will hold a hearing on the motion for summary judgment on November 7, 2005 at 10:30 a.m. The Court will notify the parties if it decides to submit this motion on the papers without oral argument pursuant to Local Rule 7.1.
IT IS SO ORDERED.