Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-00366-SRU

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Filed 01/07/2004

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IN THE UNITED STATES DISTRiCT COURT FOR THE DISTRICT OF CONNECTICUT ROVIC INC., Plaintiff, v. THE BLACK & DECKER CORPORATION, Defendant. BLACK & DECKER'S RESPONSE TO ROVIC'S MOTION FOR SUMMARY JUDGMENT Black & Decker's November 4, 2003 motion for summaryjudgment is fully briefed and ripe for decision. It disposes of every issue in the case. On December 16, 2003, RoVic strangely filed its own motion forsummary judgment which, substantively, is a verbatim copy ofits November 25, 2003 opposition to Black& Decker's summary judgment motion. For example, the 73 statements in RoVic's December 16, 2003 Local Rule 56(a)(1) Statement are exactly the same as the 73 statements in RoVic's November 25, 2003 Local Rule 56(a)(2) submission, including typos (see e.g., Statement

) ) ) ) ) ) ) )

Civil Action No. 303-CV-0366 (SRU)

January 7, 2004

¶

18 mistakenly referring to a

November 2002 letter as November "2003"). The "factual background" section ofboth pleadings are identical, word-for-word. RoVic relies on the same exhibits. Nothing new has been submitted by RoVic: no new declarations; no new exhibits; no expert affidavits; and still no survey evidence. Black & Decker opposes RoVic's December 16, 2003 motion for summary judgment, but rather than further burden this Court with additional, unnecessary, repetitive briefs in opposition, Black & Decker will rely upon the materials already submitted in support ofits motion for summary

ORAL ARGUMENT REQUESTED

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judgment. Specifically, Black & Decker incorporates herein by reference the following pleadings and the exhibits attached thereto: · · Black & Decker's Motion for Summary Judgment (filedNovember 4, 2003, Docket No. 17); Memorandum in Support of Black & Decker's Motion for Summary Judgment (filed November 4, 2003, Docket No. 18); · Statement ofMaterial Facts in Support ofBlack & Decker's Motion for Summary Judgment
(filed November 4, 2003, Docket No. 19);

·

Response to RoVic's Local Rule 56(a)(2) Statement, Part II (filed December 15, 2003, Docket No. 26)'; and,

·

Reply in Support of Black & Decker's Motion for Summaiy Judgment (filed December 15, 2003, Docket No. 27). RoVic's duplicative December 16, 2003 motion addsnothing to the legal analysis before this

Court, other than a direct acknowledgmentby RoVic that: "No genuine issues ofmaterial fact exist with regard to the facts necessary to reach a determination" on each Count of RoVic's Complaint (RoVic 12/16/03 Mem. at 39). The underlying facts are now admittedly undisputed. The issue is
purely a legal determination for the Court.

Black & Decker respectfully requests the entry of summary judgment in its favor and dismissal ofthis case with prejudice.

1. For the Court's convenience, and to fully comply with its technical obligations, Black & Decker re-submits its responses to RoVic's 73 statements offact concurrently herewith as its Local Rule 56(a)(2) Statement in Response to RoVic's Motion for Summary Judgment. -2-

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THE DEFENDANT THE BLACK & DECKER CORPORATION

~ Patricia E. Reilly (ct 08352) TYLER, COOPER & ALCORN 205 Church Street New Haven, Connecticut 06509 (203) 784-8200 Fax: (203) 586-7865 Raymond P. Niro, Jr. (ct 20462) NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, Illinois 60602 (312) 236-0733 Fax: (312) 236-3137

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing BLACK & DECKER'S RESPONSE TO ROVIC'S MOTION FOR SUMMARY JUDGMENT was served upon the below-listed counsel of record by first class mail on this 7th day of January 2004:

John C. Linderrnan Wm. Tucker Griffith

McCORMICK, PAULDING & HUBER LLP City Place II, 185 Asylum Street Hartford, Connecticut 06103-4102 (860) 549-5290 Fax: (860) 527-0464

Patricia E. Reilly

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