Malone v. Mukasey et al

Filing 49

Minute Entry for proceedings held before Judge Marcia S. Krieger: 28 Motion to Dismiss for Lack of Jurisdiction is DENIED as moot. Cont'd Rule 16 Hearing held on 2/25/2009. Briefing with regard to the Administrative Record due by 4/26/2009, Responsive brief due by 5/16/2009. Reply Brief due by 6/5/2009. (Court Reporter Paul Zuckerman.) (mskcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Civil Action No. P a r t i e s: JOHN C. MALONE, Plaintiff, v. MICHAEL B. MUKASEY, in his official capacity as Attorney General of the United States, and ABC LEGAL SERVICE, INC., d/b/a PROCESS FORWARDING INTERNATIONAL, Defendants. MINUTES OF RULE 16 CONFERENCE 8:38 a.m. Court in session. Timothy Jafek Patricia Glover Paul Zuckerman 08-cv-01795-MSK-MEH Counsel Appearing: Raquel Rodriguez - by telephone Charlotte Wiessner Date: February 25, 2009

This hearing is continued from December 19, 2008. Counsel are present as listed above. Jonathan Welch of the Department of Justice is present by telephone. Mr. Scarf, counsel for ABC Legal is not present. The Court will issue an order to show cause why Mr. Scarff and ABC Legal Service Inc. should not be held in contempt for failing to appear at today's hearing. The Court discusses the current status of the case. ORDER: Defendant's Motion to Dismiss (Doc. #28) is DENIED as moot.

The Court addresses consolidation of the motion for preliminary injunction and the Complaint for

purposes of a hearing under Rule 65(a)(2). Statements from counsel Weissner and Jafek regarding filing of the administrative record, declaration and responding to discovery. ORDER: This case is referred to the Magistrate Judge for discovery, a settlement conference, and non-dispositive motions. Based on the stipulation of the parties that there are no facts in dispute with regard to the preliminary injunction- the Court consolidates the motiont with a determination on the merits pursuant to Rule 65(a)(2). The administrative record will be filed by April 11, 2009. Briefing with regard to the administrative record will be filed by April 26, 2009, responsive brief will be filed 20 days thereafter (May 16, 2009) and the reply brief 20 days after the responsive brief (June 5, 2009).

ORDER:

9:09 a..m. Court in recess. Total Time: 31 minutes. Hearing concluded.