Judge Carney Denies Both Ex Parte Motions
Judge Carney today denied both ChromaDex's request for ten extra pages in its summary judgment motions, and Elysium's request for a special confidential filing process that would have all the motions and exhibits in next week's summary judgment motions sealed for a time.
You can read Judge Carney's order here:
Order Denying Both Ex Parte Motions
Ten Extra Pages Denied
Judge Carney's reason for denying ChromaDex's request for ten extra pages of summary judgment briefing is that: "The legal principles in this case are relatively straightforward to apply."
That may be true, but it is non-responsive to ChromaDex's argument, which was that the extensive factual recitations would require additional space; it was not that the application of the legal principles would require additional space.
Special Sealing Process Denied
Judge Carney's reason for denying Elysium's request for a special process to handle the sealing of confidential materials in the summary judgment motions is that: "The procedures under Local Rule 79.-5.2.2 are designed to eliminate or minimize the need for filing under seal. The Court reminds the parties that under seal filings are strongly disfavored, especially in conjunction with dispositive motions."
Judge Carney is not taking shit from the parties, and in eight days we are going to get a better idea of the evidence in support of the parties' motions for summary judgment because "under seal filings are strongly disfavored, especially in conjunction with dispositive motions."