The Motion for Summary Judgment, or in the Alternative Summary Adjuciation, filed by Cross-Defendant Bel USA, LLC is denied.The moving party relies on the boilerplate objections given by Dry Bar in response to requested discovery to defeat their claims. However, Dry Bar also asserted that discovery was continuing. The reliance on the initial objections does not establish that Dry Bar does not have and cannot reasonably obtain the evidence necessary to establish its claims against this moving party.Further, Supplemental Responses were served by Dry Bar on March 22, 2017 which show the purchase of glasses that contained the subject mug from Bel USA.The evidentiary objections are not material to the disposition of this motion.
Hearing Date
May 04, 2017
Type
Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
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The Motion for Summary Judgment, or in the Alternative Summary Adjuciation, filed by Cross-Defendant Bel USA, LLC is denied.The moving party relies on the boilerplate objections given by Dry Bar in response to requested discovery to defeat their claims. However, Dry Bar also asserted that discovery was continuing. The reliance on the initial objections does not establish that Dry Bar does not have and cannot reasonably obtain the evidence necessary to establish its claims against this moving party.Further, Supplemental Responses were served by Dry Bar on March 22, 2017 which show the purchase of glasses that contained the subject mug from Bel USA.The evidentiary objections are not material to the disposition of this motion.