Judge William Alsup Warns Litigants in Golf Club Case: “No mulligans on summary judgment or discovery will be permitted. Both sides must be ready to come out swinging.”

362.365 - My lucky golf outfit
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In Swingless Golf Club Corp. v. Taylor, No. C 08-05574 WHA, — F. Supp. 2d —-, 2010 WL 3081255 (N.D. Cal. Aug. 6, 2010), plaintiff claims patent infringement, misappropriation of trade secrets, unfair competition under Section 17200 of the California Business and Professions Code, violation of the Lanham Act, 15 U.S.C. 1125(a), and breach of contract related to the “swingless” golf club.  At the heart of the dispute is a golf club that is a:

pyrotechnic device that uses explosive charges, a wedge-shaped piston, and a trigger to blast golf balls hundreds of yards down a fairway. Designed for golfers who cannot (or would rather not) swing, this intriguing invention– which looks like a traditional golf club except that it is loaded with gunpowder . . . .

Id. *1.

Judge William Alsup considered and granted a motion for summary judgment on counterclaims for fraud, conversion, corporate waste, and breach of fiduciary duty asserted by counterclaimants Roy Taylor, James Stowell, Jack Galanti, Mike Stringer, and Steve Fluke.

For the reasons set forth above, counterdefendants’ motion for summary judgment on all remaining counterclaims is GRANTED. Counterclaimants’ Rule 56(f) motion to postpone adjudication of the instant motion pending additional discovery is DENIED. . . .

The Court expects all counsel of record to be prepared to try this case on schedule and to know and follow the applicable rules and standards for trial. No mulligans on summary judgment or discovery will be permitted. Both sides must be ready to come out swinging.

Id. **14-15.

Judges and Attorneys

Judge William Alsup of the Northern District of California is the trial judge.

Andrew K. Jacobson of Bay Oak Law Firm, APLC, Oakland, CA, for Plaintiff/Counterdefendants.

James Michael Barrett of Law Offices of James M. Barrett, Mt. View, CA, for Defendants/Counterclaimants.

By CHARLES H. JUNG

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