`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Civil Action No.12-cv-11758
`HONORABLE GERSHWIN A. DRAIN
`
`EVERLIGHT ELECTRONICS CO., LTD.,
`and EMCORE CORPORATION,
`
`Plaintiffs and
`Counter-Defendants,
`
`v.
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`
`Defendants and
`Counter-plaintiffs,
`
`v.
`
`EVERLIGHT AMERICAS, INC.,
`
`Defendants.
`_________________________________/
`
`ORDER DENYING IN PART AND GRANTING IN PART NICHIA’S EMERGENCY
`MOTION TO STRIKE EVERLIGHT’S MOTION OR, IN THE ALTERNATIVE, TO
`SET MODIFIED BRIEFING SCHEDULE[#345]
`
`Presently before the Court is Nichia’s Emergency Motion to Strike Everlight’s Motion or,
`
`in the Alternative, to Set Modified Briefing Schedule, filed on July 29, 2014. Nichia requests that
`
`the Court enter an order striking Everlight’s Emergency Motion to Strike Portions of Nichia
`
`Corporation’s Opposition to Everlight’s Motion for Summary Judgment. See Dkt. No. 341.
`
`Everlight filed a Response to Nichia’s Emergency Motion on July 30, 2014.
`
`Upon review of the parties submissions, the Court finds that Nichia has failed to demonstrate
`
`that Everlight’s Emergency Motion (Dkt. No. 341) should be stricken. However, the Court finds
`
`that Nichia has demonstrated good cause for granting its requested alternate relief for a modified
`
`-1-
`
`
`
`4:12-cv-11758-GAD-MKM Doc # 349 Filed 08/01/14 Pg 2 of 2 Pg ID 30585
`
`briefing schedule.
`
`Accordingly, Nichia’s Emergency Motion to Strike Everlight’s Motion for Failure to Comply
`
`with E.D. Mich. L.R. 7.1 or, in the Alternative, to Set Modified Briefing Schedule [#345] is
`
`GRANTED IN PART and DENIED IN PART. Nichia shall file its response to Everlight’s
`
`Emergency Motion to Strike Portions of Nichia’s Opposition to Everlight’s Motion for Summary
`
`Judgment no later than Monday, August 4, 2014. Everlight shall file a Reply brief in support of its
`
`Motion to Strike no later than Thursday, August 7, 2014. The Court will provide a deadline for the
`
`submission of Everlight’s Reply in support of its Motion for Summary Judgment once the Court
`
`resolves Everlight’s Emergency Motion to Strike Portions of Nichia’s Opposition to Everlight’s
`
`Motion for Summary Judgment. There will be no oral argument on Everlight’s Emergency Motion
`
`to Strike.
`
`SO ORDERED.
`
`Dated: August 1, 2014
`
`/s/ Gershwin A. Drain
`GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`
`-2-
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