e.Digital’s Concordance
digEcor’s main concern with e.Digital’s factual concordance is that the concordance
contains arguments regarding the facts at issue that in effect allow e.Digital to ignore the page
limit for reply briefs. While this argument is well taken, the court does appreciate e.Digital’s
efforts to organize the facts in a manner that is helpful and easy to read. Accordingly, the court
will not strike the concordance, but has disregarded the third column, which contains e.Digital’s
editorial comments on the status of the factual disputes.
ORDER
For the reasons stated above, the court ORDERS as follows;
e.Digital’s motion for summary judgment (Dkt. No. 214) is GRANTED in part, DENIED
in part and DEFERRED in part, as specified above;
digEcor’s motion for summary judgment (Dkt. No. 217) is GRANTED in part, DENIED
in part and DEFERRED in part, as specified above;
e.Digital’s motion for a continuance (Dkt. No. 238) is DENIED as moot and
digEcor’s motion to strike the concordance (Dkt. No. 271) is DENIED.
A hearing on the remaining issues on summary judgment and related motions will be held
on March 23, 2009 at 10:00 a.m.
