CASE NO. C09-5804 RJB. April 18, 2011 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S AFFIRMATIVE DEFENSES ROBERT BRYAN, District Judge This matter comes before the Court on Plaintiff Trade Associates, Inc.'s (Trade Associates) motion for summary judgment seeking dismissal of the affirmative defenses of Defendant Fusion Technologies, Inc. (Fusion). Dkt. 85. The Court has considered the motion, response, reply, and the remainder of the file herein