Netquote Inc. v. Byrd

Filing 163

Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/28/2007. ORDERED: Plaintiff's 100 Motion to Reopen Depositions at Federal Courthouse is granted in part and denied in part. ORDERED: Defendant, Inc.'s 124 Motion for Additional Time to Obtain Non-Party Discovery, to Continue the Final Pre-Trial Conference, and to Identify a Rebuttal Expert Witness is granted in part and denied in part. Final Pretrial Conference set for 2/5/08 is vacted and reset for 2/20/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. ORDERED: Defendants' 112 Motion to Modify Protective Order, or For Relief from Protective Order is denied without prejudice. (Court Reporter FTR - Ellen Miller.) (sss, )

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Netquote Inc. v. Byrd Doc. 163 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE MICHAEL E. HEGARTY Civil Action No. 07-cv-00630-DME-MEH Courtroom Deputy: Ellen E. Miller NETQUOTE, INC., a Colorado corporation, Date: December 28, 2007 FTR Courtroom C203 Daniel D. Williams Heather C. Perkins Plaintiff(s); v. BRANDON BYRD, an internet user making use of the IP Addresses and, and MOSTCHOICE.COM, INC. a Georgia corporation, Defendant(s). COURTROOM MINUTES / MINUTE ORDER Hearing: MOTIONS HEARING 9:00 a.m. Ryan L. Isenberg Court in session: Court calls case. Appearances of counsel. Also present are Plaintiff representative Craig Shine and Defendant representative Michael Levy. Opening statements by the Court. Argument and discussion regarding the pending motions. It is ORDERED: Plaintiff's MOTION TO REOPEN DEPOSITIONS AT FEDERAL COURTHOUSE [Docket No. 100, Filed November 12, 2007] is GRANTED IN PART and DENIED IN PART. The Motion is granted in that Plaintiff may reopen the depositions of Michael Andrew and the 30(b)(6) deponent. Each deposition shall be limited to two (2) hours, absent leave of court. The Motion is denied in that the depositions will not be taken at the federal courthouse in Denver. The depositions will take place in Atlanta, Georgia. 07-cv-00630-DME-MEH Motions Hearing December 28, 2007 Defendant shall print out the three thousand five hundred twenty-one (3521 ) documents and have them to Plaintiff's counsel no later than three (3) days prior to the reopened depositions. Plaintiff's counsel shall provide a copy of the binder containing copies of Mr. Byrd's e-mails later than three (3) days prior to the reopened depositions. All discovery shall be completed prior to the preparation of the proposed Final Pretrial Order. It is ORDERED: Defendant, Inc.'s MOTION FOR ADDITIONAL TIME TO OBTAIN NON-PARTY DISCOVERY, TO CONTINUE THE FINAL PRE-TRIAL CONFERENCE, AND TO IDENTIFY A REBUTTAL EXPERT WITNESS [Docket No. 124, Filed November 30, 2007] is GRANTED IN PART and DENIED IN PART. no The Motion is granted in that the FINAL PRETRIAL CONFERENCE set February 05, 2008 at 9:30 a.m. is vacated and RESET to FEBRUARY 20, 2008 at 9:30 a.m. in Courtroom C203, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. The Motion is granted in that the deadline for Mostchoice to designate a Rebuttal Expert is extended to JANUARY 15, 2008. The Motion is granted in that Mostchoice may serve SBLI and AOL with a subpoena to produce certain documents. Subpoenas to SBLI and AOL must be served on or before January 04, 2008. It is ORDERED: Defendants' MOTION TO MODIFY PROTECTIVE ORDER, OR FOR RELIEF FROM PROTECTIVE ORDER [Docket No. 112, Filed November 21, 2007] is DENIED WITHOUT PREJUDICE. no later than January 31, 2008. Plaintiff trial exhibits shall be disclosed Hearing concluded. Court in recess: Total time in court: 10:12 a.m. 01:12

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