Summary
striking declaration under Rule 56(h) for containing statements not based upon personal knowledge and statements intended to mislead the court but denying request for attorney's fees.
Summary of this case from Leonard v. DennyOpinion
2013-1081 2013-1115
08-12-2013
JAMES JEFFERY CARON AND SPELLBINDERS PAPER ARTS COMPANY, LLC, Plaintiffs-Appellants, v. LIFESTYLE CRAFTS, LLC, Defendant-Appellee, AND UICKUTZ, INC., Defendant-Appellee.
TIMOTHY BERG, Fennemore Craig, P.C., of Phoenix, Arizona, argued for plaintiffs-appellants. With him on the brief was SUSAN E. CHETLIN. JAEED L. CHERRY, Phillips Ryther & Winchester, LLC, of Salt Lake City, Utah, argued for defendant-appellee, Quickutz, Inc. With him on the brief were GREGORY D. PHILLIPS and MATTHEW D. THAYNE.
NOTE: This disposition is nonprecedential.
Appeals from the United States District Court for the District of Arizona in No. 09-CV-2600, Judge Neil V. Wake.
JUDGMENT
TIMOTHY BERG, Fennemore Craig, P.C., of Phoenix, Arizona, argued for plaintiffs-appellants. With him on the brief was SUSAN E. CHETLIN.
JAEED L. CHERRY, Phillips Ryther & Winchester, LLC, of Salt Lake City, Utah, argued for defendant-appellee, Quickutz, Inc. With him on the brief were GREGORY D. PHILLIPS and MATTHEW D. THAYNE. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
PER CURIAM (RADER, Chief Judge, LOURIE, and PROST, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
___________________
Daniel E. O'Toole
Clerk