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 UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

FORD MOTOR COMPANY, 

 Plaintiff, Case No. 15-cv-10628 

 (consolidated with Case No. 15-11624) 

v. Hon. Matthew F. Leitman 

VERSATA SOFTWARE, INC. et al. 

 Defendants. 

__________________________________________________________________/ 

ORDER (1) GRANTING PARTIES’ MOTIONS FOR LEAVE TO FILE 

ADDITIONAL MOTIONS (ECF ## 693, 696), (2) ADJOURNING ALL 

SCHEDULED DATES, INCLUDING THE TRIAL DATE, AND (3) 

TERMINATING THE PARTIES’ JOINT MOTION TO MODIFY 

CALENDAR DATES (ECF #688) AS MOOT 

 On August 19, 2019, Plaintiff Ford Motor Company filed a motion for leave 

to file an additional summary judgment motion with respect to Defendant Versata 

Software, Inc.’s trade secret and contract counterclaims.1

 (See Ford Mot., ECF 

#693.) On that same day, Versata filed a motion for leave to file a motion for 

reconsideration of the Court’s ruling striking Versata’s damages experts.2

 (See 

                                                            

1

 Ford must seek leave because under this Court’s Local Rules, “[a] party must obtain 

leave of court to file more than one motion for summary judgment.” E.D. Mich. 

Local Rule 7.1(b)(2). Ford has previously filed a motion for summary judgment in 

this action. 

2

 Versata must seek leave because under this Court’s Local Rules, the time to file a 

motion for reconsideration has expired. See E.D. Mich. Local Rule 7.1(h)(1) (“a 

motion for rehearing or reconsideration must be filed within 14 days after entry of 

the judgment or order). 
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Versata Mot., ECF #696.) The parties attached to their respective motions for leave 

the proposed motions that they seek permission to file. (See Ford Proposed Mot., 

ECF #693-1; Versata Proposed Mot., ECF #696-1.) 

 The Court has carefully reviewed the parties’ motions for leave, and the 

parties’ proposed motions, and it concludes that the issues raised in the proposed 

motions are worthy of serious consideration on full briefing from both parties. 

Accordingly, the Court will GRANT both parties’ motions for leave and will allow 

both parties to file their proposed motions. In reaching this conclusion, the Court 

expresses no view as to any aspect of the merits of either proposed motion. For 

example, the Court has not made any determination at this time as to whether Versata 

has satisfied any of its burdens under the Court’s Local Rules governing motions for 

reconsideration. Nor has it made any determination as to whether Ford is entitled to 

summary judgment on Versata’s trade secret and contract counterclaims. The Court 

holds only that the parties may file their proposed motions and that the Court will 

resolve the issues raised in those motions after full briefing and a hearing.3

 Because the resolution of the parties’ proposed motions may directly impact 

the parties’ motions in limine and the scope of the trial, and because, based on the 

                                                            

3

 The Court recognizes that if it ultimately grants Versata’s motion for 

reconsideration, that ruling may moot, in whole or in part, Ford’s motion for 

summary judgment. However, for the sake of efficiency, the Court will consider 

and hear both motions simultaneously. The parties should brief Ford’s motion as if 

reconsideration has been denied. 
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time required to conduct full briefing and hold a hearing on the motions, the Court 

will not be able to resolve the motions sufficiently in advance of the currentlyscheduled dates for the Final Pretrial Conference and trial, the Court will 

ADJOURN all scheduled dates in this matter, including the trial date. The Court 

will consult with all parties regarding a revised schedule and trial date once it issues 

a ruling on the proposed motions. Because the Court is adjourning all scheduled 

dates in this matter, the Court will TERMINATE AS MOOT the parties’ joint 

motion to modify calendar dates. (See Joint Mot., ECF #688). 

 Accordingly, for the reasons stated above, IT IS HEREBY ORDERED that: 

 Ford’s motion for leave to file a motion for summary judgment on Versata’s 

trade secret and contract counterclaims (ECF #693) is GRANTED. Ford 

shall file its motion for summary judgment by no later than September 6, 

2019. Versata shall file a response to Ford’s motion by no later than 

September 27, 2019. Ford may file a reply brief by no later than October 

11, 2019; 

 Versata’s motion for leave to file a motion for reconsideration (ECF #696) is 

GRANTED. Versata shall file its motion for reconsideration by no later than 

September 6, 2019. Ford shall file a response to Versata’s motion by no 

later than September 27, 2019. Versata may file a reply brief by no later 

than October 11, 2019; 
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 The Court will schedule a single hearing date for both motions after 

consultation with all parties; 

 All currently-scheduled dates in this matter, including the dates for the Final 

Pretrial Conference and trial, are ADJOURNED. The Court will consult 

with all parties regarding a revised schedule and trial date once it issues a 

ruling on the proposed motions; and 

 The parties’ joint motion to modify calendar dates (ECF #688) is 

TERMINATED AS MOOT. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: September 3, 2019 

 I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on September 3, 2019, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9764