Michael Grecco Productions, Inc. v. TikTok Inc. — Entry #116: ORDER STRIKING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [DKTS

Case 2:24-cv-04837-FLA-MAR   Document 116   Filed 03/05/26   Page 1 of 3 Page ID
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8                          UNITED STATES DISTRICT COURT
9                         CENTRAL DISTRICT OF CALIFORNIA
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11    MICHAEL GRECCO PRODUCTIONS,            Case No. 2:24-cv-04837-FLA (MARx)
      INC.,
12                                           ORDER STRIKING PLAINTIFF’S
                             Plaintiff,
13                                           MOTION FOR PARTIAL
                  v.                         SUMMARY JUDGMENT
14                                           [DKTS. 68, 69] AND DEFENDANT’S
15                                           MOTION FOR PARTIAL
      TIKTOK INC.,                           SUMMARY JUDGMENT [DKT. 70]
16                           Defendant.      AND DENYING RELATED
                                             SEALING APPLICATIONS AS
17                                           MOOT [DKTS. 72, 76, 85, 88, 92, 98]
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     Case 2:24-cv-04837-FLA-MAR      Document 116     Filed 03/05/26   Page 2 of 3 Page ID
                                           #:4142


1           On August 22, 2025, Plaintiff Michael Grecco Productions, Inc. (“Plaintiff”)
2     filed a Motion for Partial Summary Judgment (Dkt. 68, “Plaintiff’s Sealed MSJ” and
3     Dkt. 69, “Plaintiff’s MSJ”). On the same day, Defendant TikTok Inc. (“Defendant”)
4     filed a Motion for Partial Summary Judgment (Dkt. 70, “Defendant’s MSJ”).
5           Plaintiff and Defendant (together, the “Parties”) have not complied with the
6     court’s instruction to meet and confer and determine which party will move and which
7     will oppose the one motion for summary judgment. Instead, the Parties have filed
8     cross-motions for summary judgment, which is prohibited under the court’s Initial
9     Standing Order (“Order”).1 Dkt. 10 at 8–9 (“[T]he court will not entertain cross-
10    motions that seek to adjudicate the same legal issues. If the parties wish to cross-
11    move for summary judgment, their counsel shall meet and confer to determine which
12    party will move and which will oppose the one motion for summary judgment.”).
13    Because both Parties violated the court’s Order, the court STRIKES Plaintiff’s Sealed
14    MSJ, Plaintiff’s MSJ, and Defendant’s MSJ (Dkts. 68, 69, and 70). All of the Parties’
15    sealing applications in relation to the motions for summary judgment (Dkts. 72, 76,
16    85, 88, 92, and 98) are DENIED as moot.
17          The Parties are ORDERED to meet and confer regarding which party will file
18    an initial motion for summary judgment, and which will then file an opposition and
19    motion for summary judgment. In other words, the party filing first (“Party A”) may
20    file a motion for summary judgment (“Renewed First Motion”). The party filing
21    second (“Party B”) may file a combined opposition to the motion and motion for
22    summary judgment (“Renewed Second Motion”). Party A may then file a combined
23    reply supporting the Renewed First Motion and opposition to the Renewed Second
24    Motion. Party B may then file a reply supporting the Renewed Second Motion. The
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        The Parties are advised that the court expects them to comply fully with all statutory
27    requirements, court rules, and court orders, and that failure to so comply may result in
      the imposition of sanctions up to and including the dismissal of the action or the
28    striking of documents and pleadings.
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     Case 2:24-cv-04837-FLA-MAR        Document 116      Filed 03/05/26   Page 3 of 3 Page ID
                                             #:4143


1     Parties shall conform to the following briefing schedule, and the court leaves it to the
2     Parties to determine which party shall be Party A and which shall be Party B. The
3     court will then take the parties’ motions under submission upon the filing of Party B’s
4     reply.
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6      Party          Deadline             Briefings
7      Party A        April 3, 2026        Renewed First Motion
8      Party B        April 17, 2026       Opposition to Renewed First Motion and Renewed
9                                          Second Motion
10     Party A        May 1, 2026          Reply Supporting Renewed First Motion and
11                                         Opposition to Renewed Second Motion
12     Party B        May 15, 2026         Reply Supporting Renewed Second Motion
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14             To ease the court’s review, Party B should file only one set of exhibits in
15    support of its combined Renewed Second Motion and Opposition to Renewed First
16    Motion and a combined separate statement of genuine disputes of material
17    fact/additional uncontroverted facts. Party A should file only one set of exhibits in
18    support of its combined Reply Supporting Renewed First Motion and Opposition to
19    Renewed Section Motion.
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21             IT IS SO ORDERED.
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23    Dated: March 5, 2026                              _______________________________
                                                        FERNANDO L. AENLLE-ROCHA
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                                                        United States District Judge
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