Direct Marketing Association, The v. Huber

Filing 53

RESPONSE to 52 MOTION for Leave to File Excess Pages for her Reply Brief in Support of Motion to Dismiss filed by Plaintiff Direct Marketing Association, The. (Schaefer, Matthew)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-CV-01546-REB-CBS The Direct Marketing Association, Plaintiff, v. Roxy Huber, in her capacity as Executive Director, Colorado Department of Revenue, Defendant. PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR LEAVE TO EXCEED PAGE LIMITATION FOR HER REPLY BRIEF IN SUPPORT OF HER MOTION TO DISMISS [DOC. 52] ______________________________________________________________________ The Plaintiff, the Direct Marketing Association, opposes the Defendant’s Motion For Leave To Exceed Page Limitation For Her Reply Brief In Support Of Her Motion To Dismiss [Doc. 52]. Plaintiff has no objection to a five (5) page extension for Defendant's Reply Brief on its Motion To Dismiss (total of 15 pages), but opposes the requested ten (10) page extension as being excessive and disproportionate to the five (5) page extension that Plaintiff has requested for its Reply Brief on the Motion For Preliminary Injunction [see Doc 51]. Plaintiff maintains that both parties' Reply Briefs should be subject to the same page limit extension. WHEREFORE, the DMA requests this Court deny the Defendant’s request for leave to file a reply brief that is twenty (20) pages in length. Dated: November 23, 2010 /s/ Matthew P. Schaefer George S. Isaacson Matthew P. Schaefer BRANN & ISAACSON 184 Main Street, P. O. Box 3070 Lewiston, ME 04243−3070 Tel.: (207) 786−3566 Fax: (207) 783-9325 E-mail: gisaacson@brannlaw.com mschaefer@brannlaw.com Attorneys for The Direct Marketing Association 2 CERTIFICATE OF SERVICE I hereby certify that on November 23, 2010, I electronically filed the foregoing, Plaintiff’s Response in Opposition to Defendant’s Motion For Leave To Exceed Page Limitation For Her Reply Brief In Support Of Her Motion To Dismiss [Doc. 52], using the CM/ECF system, which will send notification of such filing to counsel of record: Jack Wesocky, Jr. Senior Assistant Attorney General State of Colorado 1525 Sherman Street, 7th Floor Denver, CO 80203 Jack.Wesocky@state.co.us Stephanie Lindquist Scoville Senior Assistant Attorney General State of Colorado 1525 Sherman Street, 7th Floor Denver, CO 80203 stephanie.scoville@state.co.us Melanie J. Snyder Assistant Attorney General State of Colorado 1525 Sherman Street, 7th Floor Denver, CO 80203 melanie.snyder@state.co.us Attorneys for Defendant /s/ Matthew P. Schaefer Matthew P. Schaefer 3