United States District Court, Southern District of New York
May 30, 2003
AUSCAPE INTERNATIONAL, ETC., PLAINTIFFS,
NATIONAL GEOGRAPHIC SOCIETY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.
By order dated May 7, 2003, the Court directed that "[o]pening and answering briefs on the summary judgment motions shall be limited to 60 pages."
Plaintiffs filed three separate summary judgment motions, one for partial summary judgment of liability on their contract claim against National Geographic Society ("NGS") and their copyright infringement claims against all defendants, a second to dismiss NGS's affirmative defenses, and a third to dismiss affirmative defenses of ProQuest. They filed a 55 page memorandum of law on the first, a 31 page memorandum of law on the second, and a 25 page memorandum on the third. In addition, they appended to their Rule 56.1 Statement on the former motion a 14 page section entitled Conclusions of Law which is not called for by Rule 56.1 and which quite obviously is intended to circumvent the page limitation previously imposed by the Court.
The Court will give plaintiffs the benefit of the doubt as to their construction of the May 7 order as permitting them to divide their summary judgment application into three separate motions and to apply the page limitation separately to each although that certainly was not the Court's intention. The use of the Rule 56.1 Statement to circumvent the page limitation on the first of the two motions described above, however, is not entitled to any such benefit. Plaintiffs' Rule 56.1 Statement on that motion is stricken in its entirety. Plaintiffs may file a revised Rule 56.1 Statement no later than June 6, 2003 which shall omit the Conclusions of Law section or anything else containing legal argument. If so advised, they may also submit a substitute memorandum of law in support of that motion, not to exceed 60 double spaced pages containing margins of no less than one inch and type no smaller than 12 point except in footnotes, which shall be no smaller than 11 point to replace the memorandum previously filed.
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