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

Filing 234

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 1/29/2010. Denying as moot 201 Motion for Certificate of Appealability; Denying as moot 223 Motion to Amend/Correct/Modify; Granting 232 Motion to Dismiss. Order to Show Cause is Discharged. Amended Answer is accepted. Motions for Attorney Fees are due 2/16/10. Final judgment shall not enter before 2/17/10. (Court Reporter Janet Coppock) (pabcd)

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: January 29, 2010 Time: 16 minutes

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

TRIAL PREPARATION CONFERENCE 9:07 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Defendant Actsoft, Inc.'s Motion to Dismiss - Conditional Motion to Dismiss Lanham Act and Defamation Claims Without Prejudice (Doc #232), filed 1/26/10.

Page Two 07-cv-02661-PAB-MJW January 29, 2010 9:08 a.m. 9:10 a.m. Argument by Mr. Fee. Argument by Mr. Martin.

ORDERED: Defendant Actsoft, Inc.'s Motion to Dismiss - Conditional Motion to Dismiss Lanham Act and Defamation Claims Without Prejudice (Doc #232), filed 1/26/10, is GRANTED. Discussion regarding the posture of trial in light of the Court's ruling and what remains pending. 9:13 a.m. 9:14 a.m. 9:15 a.m. Comments by Mr. Fee. Comments by Mr. Martin. Comments by Mr. Fleming.

Court requests Mr. Fleming state his clients' position regarding the show cause order. 9:16 a.m. 9:17 a.m. Comments by Mr. Fleming. Comments by Mr. Martin.

ORDERED: Order to Show Cause (Doc #228), filed 1/21/10, is DISCHARGED. ORDERED: In accordance with the Court's previously entered orders [Doc #196,197] and plaintiff Alcohol Monitoring Systems, Inc.'s concession during the hearing, defendant U.S. Home Detention Systems and Equipment, Inc. is entitled to summary judgment on plaintiff's patent infringement claims. ORDERED: Court ACCEPTS the Amended Answers (Doc # 229,230,231), which drop all counterclaims. ORDERED: Defendant Alcohol Monitoring Systems, Inc.'s Motion for Certificate of Appealability (Doc #201), filed 5/4/09, is DENIED as moot. ORDERED: Defendant Actsoft, Inc.'s Motion to Amend/Correct/Modify Pretrial Order (Doc #223), filed 8/11/09, is DENIED as moot.

Page Three 07-cv-02661-PAB-MJW January 29, 2010 ORDERED: Plaintiff Alcohol Monitoring Systems, Inc. may file its motion(s) for attorney's fees on or before, Tuesday, February 16, 2010. Hearing on the parties' motions for attorney fees, if needed, will be set after motions, briefing, and responses are completed. ORDERED: Final judgment in this case shall not enter any earlier than Wednesday, February 17, 2010. 9:24 a.m. COURT IN RECESS 16 minutes

Total in court time: Hearing continued