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

Filing 269

Minute Entry for proceedings held before Judge Philip A. Brimmer. Status Conference held on 5/12/2011. ORDER withdrawing 233 Motion for Attorney Fees. Jury Trial set for 10/31/2011 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 10/11/2011 at 01:00 PM in Courtroom A 701 before Judge Philip A. Brimmer. (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: May 12, 2011
Time: 27 minutes

CASE NO. 07-cv-02261-PAB-MJW
Parties

Counsel

ALCOHOL MONITORING SYSTEMS,

Phillip Lorenzo
Michael Martin
James Dallner

Plaintiff (s),
vs.
ACTSOFT, INC.,
OHIO HOUSE MONITORING
SYSTEMS, INC., and
US HOME DETENTION SYSTEMS,

Kyle Fleming
Richard Fee

Defendant (s).

STATUS CONFERENCE

10:35 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL.
This matter is before the Court after remand from the 10th Circuit Court of Appeals.
The parties have submitted status reports and proposed courses of action.

Page Two
07-cv-02261-PAB-MJW
May 12, 2011
Comments by Mr. Fee in response to the Court’s inquiry as to why the defendants want
to re-open and conduct additional discovery.
Comments by Mr. Lorenzo, opposing defendant’s request.
Comments by Mr. Flemming.
Comments by the Court.
ORDERED: Defendants’ request to re-open discovery is DENIED.
Discussion regarding pending motions.
ORDERED: Defendants’ Motion to Declare Case Exceptional and for an Award of
Attorneys’ Fees (Doc #233), filed 1/21/10 is WITHDRAWN WITHOUT
PREJUDICE, at the request of defense counsel.
ORDERED: Defendants may supplement their summary judgment motion on the noninfringement claim and in light of the federal circuit’s claim construction by
June 17, 2011. Plaintiff shall file its response by July 8, 2011.
Defendants’ reply is due July 15, 2011.
Discussion regarding length of trial and trial setting.
Counsel concur that the trial could be completed in eight days.
ORDERED: Eight day jury trial is scheduled for October 31, 2011. Trial preparation
conference is scheduled for October 11, 2011 at 1:00 p.m.
ORDERED: Mr. Fee is directed to file a notice with the Court, if he intends to appear at
the trial preparation conference by telephone.
ORDERED: Counsel directed to Magistrate Judge Watanabe’s chambers to schedule
another pretrial conference in preparation of an updated pretrial order.
Mr. Martin advises that defendant Actsoft, Inc. was purchased by a company named
GS4 and that the plaintiff has requested to supplement its discovery to determine
whether the complaint needs to be amended to add GS4 as a party.
Comments by Mr. Fee.

Page Three
07-cv-02261-PAB-MJW
May 12, 2011
Further comments by Mr. Martin.
ORDERED: If counsel cannot work out an informal agreement so there is an exchange
of information, they are directed to file any motions that are appropriate.
11:02 a.m.

COURT IN RECESS

Total in court time:
Hearing concluded

27 minutes