Direct Marketing Association, The v. Huber

Filing 58

Joint STATUS REPORT Regarding Hearing on Motion for Preliminary Injunction by Plaintiff Direct Marketing Association, The. (Isaacson, George)

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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. JOINT STATUS REPORT REGARDING HEARING ON MOTION FOR PRELIMINARY INJUNCTION ______________________________________________________________________ Plaintiff, the Direct Marketing Association, and Defendant, Roxy Huber, Executive Director of the Colorado Department of Revenue, submit this Joint Status Report in accordance with the Court’s Order dated November 8, 2010 [#49]. As set forth below, the parties are in agreement that a hearing on the Plaintiff’s Motion for Preliminary Injunction and Incorporated Memorandum of Law [#15] filed August 13, 2010 (“Motion”), should be limited to oral argument. I. Joint Stipulated Record The parties agree and hereby stipulate that, for purposes of the Motion, the Court should admit into the record all of the supporting declarations (including exhibits thereto) and other exhibits (including deposition excerpts and public documents) that have been filed in support of: (1) the Motion [#15];1 (2) the Defendant’s Response in Opposition to Plaintiff’s Motion for Preliminary Injunction [#50]; and (3) the Plaintiff’s Reply to the Defendant’s Response In Opposition to Plaintiff’s Motion for Preliminary Injunction [#56]. The parties further agree and stipulate that, for purposes of the Motion, the Court should admit into the record such additional deposition excerpts as the parties may designate and file with the Court, not later than December 16, 2010, in a Joint Designation of Additional Deposition Testimony (“Joint Designation”). In that regard, the parties have agreed to the following: The parties shall exchange, not later than December 10, 2010, designations of such additional deposition testimony as they want to be made part of the record. The parties shall exchange counter-designations not later than December 14, 2010. Not later than December 16, 2010, the parties shall file with the Court the Joint Designation. II. Hearing Limited to Oral Argument Based on the foregoing stipulations regarding the content of the record, the parties anticipate requiring no additional time to present testimony or other evidence at a hearing on the Motion. The parties hereby request oral argument on the Motion. The parties anticipate that each side will require no more than 45 minutes for oral argument. The Plaintiff anticipates reserving a portion of its time for rebuttal. 1 The declarations filed by the Plaintiff in support of the Motion were separately docketed (as [#16] through [#19]), rather than being filed as exhibits to the Motion. 2 . Respectfully submitted, Dated: December 3, 2010 s/ George S. Isaacson 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 Plaintiff s/ Jack Wesoky Jack Wesoky, Jr. Senior Assistant Attorney General Stephanie Lindquist Scoville Senior Assistant Attorney General Melanie J. Snyder Assistant Attorney General State of Colorado 1525 Sherman Street, 7th Floor Denver, CO 80203 E-mail: Jack.Wesoky@state.co.us stephanie.scoville@state.co.us melanie.snyder@state.co.us Attorneys for Defendant 3 CERTIFICATE OF SERVICE I hereby certify that on December 3, 2010, I electronically filed the foregoing Joint Status Report Regarding Hearing on Motion for Preliminary Injunction, using the CM/ECF system, which will send notification of such filing to counsel of record: Jack Wesoky, Jr. Senior Assistant Attorney General Stephanie Lindquist Scoville Senior Assistant Attorney General Melanie J. Snyder Assistant Attorney General State of Colorado 1525 Sherman Street, 7th Floor Denver, CO 80203 Jack.Wesoky@state.co.us stephanie.scoville@state.co.us melanie.snyder@state.co.us Attorneys for Defendant s/ George S. Isaacson George S. Isaacson 4