Alcohol Monitoring Systems, Inc. v. Actsoft, Inc. et al

Filing 199

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 4/28/2009. Granting 104 Motion for Summary Judgment, Section VI of the motion is withdrawn ; finding as moot 13 Motion for Preliminary Injunction; . (Court Reporter Janet Coppock)(pabcd) Modified on 5/1/2009 to add and move text re: the hearing and the summary judgment motion (gmssl, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: April 28, 2009 Time: 27 minutes

CASE NO. 07-cv-02261-PAB-MJW Parties ALCOHOL MONITORING SYSTEMS, INC., Plaintiff (s), vs. ACTSOFT, INC., OHIO HOUSE MONITORING SYSTEMS, INC., and U.S. HOME DETENTION SYSTEMS and EQUIPMENT, INC., Todd Tucker Kyle Fleming Richard Fee Counsel Michael Martin Phillip Lorenzo

Defendant (s).

CONTINUED HEARING ON MOTION FOR PRELIMINARY INJUNCTION and MOTION FOR SUMMARY JUDGMENT 8:36 a.m. COURT IN SESSION

Page Two 07-cv-02261-PAB-MJW April 28, 2009 Plaintiff's Motion for Preliminary Injunction (Doc #13), filed 1/3/08. Defendants Actsoft, Inc. and Ohio House Monitoring Systems, Inc.'s Motion for Summary Judgment (Doc #104), filed 12/30/08. Court states its findings and conclusions as to Defendants Actsoft, Inc. and Ohio House Monitoring Systems, Inc.'s Motion for Summary Judgment. ORDERED: Defendants Actsoft, Inc. and Ohio House Monitoring Systems, Inc.'s Motion for Summary Judgment (Doc #104), filed 12/30/08 is GRANTED. Section VI of the Motion for Summary Judgment is WITHDRAWN. Discussion regarding how counsel wishes to proceed in light of the Court's ruling on summary judgment. Mr. Martin requests a brief recess. 8:55 a.m. 9:06 a.m. COURT IN RECESS COURT IN SESSION

Mr. Lorenzo moves for the admission of plaintiff's remaining exhibits by stipulation. ORDERED: Plaintiff's exhibits 1, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51 are ADMITTED by stipulation and for the purposes of a Rule 59 motion or to the extent they would be relevant for purposes of appeal. ORDERED: Plaintiff's Motion for Preliminary Injunction (Doc #13), filed 1/3/08 is deemed MOOT. Court and counsel discuss how to proceed on defendant U.S. Home Detention Systems and Equipment, Inc.'s motion to dismiss for lack of jurisdiction. Counsel directed to confer with each other and advise the Court how they wish to proceed with that motion. 9:14 a.m. COURT IN RECESS 27 minutes Hearing concluded

Total in court time: