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Wilden Pump and Engineering LLC v. Jda Global LLC

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


December 17, 2012

WILDEN PUMP AND ENGINEERING LLC PLAINTIFF,
v.
JDA GLOBAL LLC, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Otis D. Wright II United States District Judge

O

I. INTRODUCTION

ORDER STRIKING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT [63]

On September 24, 2012, Defendant JDA Global LLC filed its first motion for partial summary judgment, attacking Plaintiff's assertion of trademark protection in its alphanumeric designation of replacement parts [41]. Following amendment of the motion and several stipulated postponements, this Court granted Defendant's motion [61].

Shortly thereafter, Defendant filed its second motion for partial summary judgment, again apportioning out a sliver of its defense and presenting it to the Court for resolution [62]. Namely, Defendant argues Plaintiff cannot claim protection in the color of its parts. Defendant subsequently filed a Corrected version of its second motion, but failed to properly re-file its supporting papers [63]. The parties now offer the Court a stipulation to continue the hearing date on Defendant's motion.

In striking the pending motion, the Court notes that it will not dispose of this matter one discrete issue at a time. Defendant should better conceive strategy designed to have the court adjudicate all of the issues in a single motion, rather than to endure a death by a thousand cuts. The latter approach is unacceptable. Accordingly, Defendant's improperly executed filing [63] is hereby ordered STRICKEN. The stipulation to calendar the hearing on this motion [65] is DENIED.

SO ORDERED

20121217

© 1992-2012 VersusLaw Inc.



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