"It is well-settled in the Tenth Circuit that a district court may grant summary judgment in favor of the non-moving party without the filing of a formal cross-motion for summary judgment. In light of the parties’ extensive prior briefing on this issue, the Court’s April 2, 2009 Order that “digEcor’s claim cannot prevail as a matter of law”, and the upcoming April 30, 2009 Final Pretrial Conference and May 4, 2009 trial date, e.Digital requests that the Court grant the present motion without further briefing, or alternatively that digEcor’s time for response to this motion, if any, be shortened to the ten-day period permitted by Rule 56(c) so that this motion may be ruled upon by the Court at or before the Final Pretrial Conference.

DATED this 7th day of April, 2009. "