Video Professor, Inc. v. Amazon.com, Inc.

Filing 82

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 81 Notice of Appeal, filed by Video Professor, Inc. to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjrsl, )

CM/ECF - U.S. District Court:cod

Page 1 of 9

APPEAL, NDISPO, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:09-cv-00636-REB-KLM
Video Professor, Inc. v. Amazon.com, Inc. Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Kristen L. Mix Cause: 15:1114 Trademark Infringement Plaintiff Video Professor, Inc. a Colorado corporation represented by Gregory C. Smith Fairfield & Woods, P.C. 1700 Lincoln Street Wells Fargo Center #2400 Denver, CO 80203-4524 303-830-2400 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kieran Anthony Lasater Fairfield & Woods, P.C. 1700 Lincoln Street Wells Fargo Center #2400 Denver, CO 80203-4524 303-830-2400 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED V. Defendant Amazon.com, Inc. a Delaware corporation represented by Jared Barrett Briant Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: [phone] Email: [e-mail] Date Filed: 03/23/2009 Date Terminated: 04/23/2010 Jury Demand: None Nature of Suit: 840 Trademark Jurisdiction: Federal Question

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 2 of 9

ATTORNEY TO BE NOTICED Marc C. Levy Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3618 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Date Filed 03/23/2009 # 1 Docket Text COMPLAINT against Amazon.com, Inc. ( Filing fee $ 350, Receipt Number 17559) Summons Issued, filed by Video Professor, Inc.. (Attachments: # 1 Exhibits A & B, # 2 Civil Cover Sheet, # 3 Receipt) (jak, ) (Entered: 03/24/2009) CORPORATE DISCLOSURE STATEMENT by Plaintiff Video Professor, Inc. (jak, ) (Entered: 03/24/2009) REPORT on the filing of an action mailed to Commissioner of Trademarks (jak, ) (Entered: 03/24/2009) ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 3/24/09. (rebsec, ) (Entered: 03/24/2009) ORDER. A Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16 (b) shall be held on 05/26/2009, commencing at 10:30 a.m. in Courtroom C-204 by Magistrate Judge Kristen L. Mix on 03/24/2009. (Attachments: # 1 Instructions For Preparation of Scheduling Order)(sah, ) (Entered: 03/25/2009) NOTICE of Entry of Appearance by Marc C. Levy on behalf of Amazon.com, Inc. (Levy, Marc) (Entered: 05/01/2009) Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Amazon.com, Inc.. (Levy, Marc) (Entered: 05/01/2009) MEMORANDUM regarding 7 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond filed by Amazon.com, Inc. Motion referred to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 5/1/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(rebcd) (Entered: 05/01/2009) MINUTE ORDER. Defendants Stipulated Motion for Extension of Time to Respond to Complaint 7 is GRANTED. The Defendant shall answer or otherwise respond to the complaint on or before 05/15/2009 by Magistrate Judge Kristen L. Mix on 05/01/2009.(sah, ) (Entered: 05/01/2009)

03/23/2009 03/23/2009 03/24/2009 03/24/2009

2 3 4 5

05/01/2009 05/01/2009

6 7

05/01/2009

8

05/01/2009

9

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 3 of 9

05/14/2009 05/14/2009

10 11

First MOTION to Reset Scheduling/Planning Conference by Plaintiff Video Professor, Inc.. (Smith, Gregory) (Entered: 05/14/2009) First MOTION to Reset 5 Scheduling/Planning Conference by Plaintiff Video Professor, Inc.. (Smith, Gregory) Modified on 5/15/2009 to create linkage to the Scheduling Conference (sah2, ). (Entered: 05/14/2009) MEMORANDUM regarding 11 First MOTION to Reset Scheduling/Planning Conference filed by Video Professor, Inc. Motions referred to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 5/15/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (rebsec, ) (Entered: 05/15/2009) ANSWER to 1 Complaint and Affirmative Defenses by Amazon.com, Inc..(Levy, Marc) (Entered: 05/15/2009) MINUTE ORDER granting 11 Plaintiffs Unopposed Motion to Reschedule Scheduling/Planning Conference and Related Deadlines. The Scheduling Conference set for 05/26/2009 at 1:30 p.m. is vacated and reset to 07/09/2009 at 10:30 a.m. by Magistrate Judge Kristen L. Mix on 05/15/2009.(sah, ) (Entered: 05/15/2009) Proposed Scheduling Order by Plaintiff Video Professor, Inc.. (Smith, Gregory) (Entered: 07/02/2009) (VACATED)TRIAL PREPARATION CONFERENCE ORDER (3) day Jury Trial set for 4/26/2010 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 4/9/2010 at 10:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 7/9/09. (rebsec, ) Modified on 7/9/2009 to VACATE pursuant to the Minute Order dated 07/09/2009(sah, ). (Entered: 07/09/2009) MINUTE ORDER. The courts Trial Preparation Conference Order 16 entered today, is VACATED. the court will issue a new trial preparation conference order indicating that the trial shall be a trial to the court. By Judge Robert E. Blackburn on 07/09/2009. (sah, ) (Entered: 07/09/2009) TRIAL PREPARATION CONFERENCE ORDER Three (3) day Bench Trial set for 4/26/2010 09:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 4/23/2010 at 10:00 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 7/9/09. (rebsec, ) (Entered: 07/09/2009) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Scheduling Conference held on 7/9/2009, Discovery due by 12/1/2009, Dispositive Motions due by 1/15/2010, Final Pretrial Conference set for 3/23/2010 09:30 AM before Magistrate Judge Kristen L. Mix, Settlement Conference set for 11/3/2009 01:30 PM before Magistrate Judge Kristen L. Mix. (Court Reporter FTR - Kathleen Finney.) (klmcd) (Entered: 07/09/2009) SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on

05/15/2009

12

05/15/2009 05/15/2009

13 14

07/02/2009 07/09/2009

15 16

07/09/2009

17

07/09/2009

18

07/09/2009

19

07/09/2009

20

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 4 of 9

7/9/2009. (klmcd) (Entered: 07/09/2009) 08/05/2009 21 Unopposed MOTION to Amend/Correct/Modify 20 Scheduling Order by Defendant Amazon.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Levy, Marc) (Entered: 08/05/2009) MEMORANDUM regarding 21 Unopposed MOTION to Amend/Correct/Modify 20 Scheduling Order filed by Amazon.com, Inc..Motion referred to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 8/6/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(rebcd) (Entered: 08/06/2009) MINUTE ORDER granting 21 Motion to Amend Scheduling Order. The parties shall supplement the Undisputed Facts section of the Scheduling Order by amendment on or before 8/21/2009 by Magistrate Judge Kristen L. Mix on 8/6/2009.(klmcd) (Entered: 08/06/2009) AMENDED 20 Scheduling Order Undisputed Facts by Plaintiff Video Professor, Inc., Defendant Amazon.com, Inc.. (Levy, Marc) (Entered: 08/20/2009) Joint MOTION for Protective Order by Defendant Amazon.com, Inc.. (Attachments: # 1 Exhibit Stipulated Protective Order)(Levy, Marc) (Entered: 09/08/2009) MEMORANDUM regarding 25 Joint MOTION for Protective Order filed by Amazon.com, Inc. Motions referred to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 9/9/09. TEXT ONLY ENTRY NO DOCUMENT ATTACHED(rebsec, ) (Entered: 09/09/2009) MINUTE ORDER granting 25 Joint Motion for Protective Order by Magistrate Judge Kristen L. Mix on 09/09/2009.(sah, ) (Entered: 09/09/2009) STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 09/09/2009. (sah, ) (Entered: 09/09/2009) Unopposed MOTION to Seal Ex A-10 To Motion for Summary Judgment and Select Portions of the Motion and Declaration of Eric Herrmann by Defendant Amazon.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Levy, Marc) (Entered: 10/27/2009) MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) by Defendant Amazon.com, Inc.. (Attachments: # 1 Affidavit of Eric Herrmann, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Affidavit of Marc Levy, # 7 Exhibit A-5, # 8 Exhibit A-6, # 9 Exhibit A-7, # 10 Exhibit A-8, # 11 Exhibit A-9, # 12 Exhibit A-10, # 13 Exhibit A-11, # 14 Exhibit A12, # 15 Exhibit A-13, # 16 Exhibit A-14, # 17 Exhibit A-15)(Levy, Marc) (Entered: 10/27/2009) SEALED DOCUMENT by Defendant Amazon.com, Inc.. (Attachments: # 1 Affidavit of Eric Herrmann, # 2 Exhibit A-10)(Levy, Marc) (Entered: 10/27/2009)

08/06/2009

22

08/06/2009

23

08/20/2009

24

09/08/2009

25

09/09/2009

26

09/09/2009

27

09/09/2009 10/27/2009

28 29

10/27/2009

30

10/27/2009

31

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 5 of 9

10/27/2009

32

MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) by Defendant Amazon.com, Inc.. Public entry for 31 SEALED DOCUMENT filed 10/27/2009. (sah2, ) (Entered: 10/28/2009) ORDER. granting 29 Unopposed Motion to Seal Exhibit A-10 To Defendants Motion For Summary Judgment and Select Portions of the Motion and The Declaration of Eric Herrmann Filed in Support Thereof. By Judge Robert E. Blackburn on 11/03/2009.(sah, ) (Entered: 11/03/2009) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Settlement Conference held on 11/3/2009. No settlement was reached. (klmcd) (Entered: 11/04/2009) NOTICE of Entry of Appearance by Jared Barrett Briant on behalf of Amazon.com, Inc. (Briant, Jared) (Entered: 11/04/2009) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Telephonic Discovery Hearing held on 11/9/2009, Discovery due by 3/1/2010. Dispositive Motions due by 3/15/2010. (Court Reporter FTR Kathleen Finney) (klmcd) (Entered: 11/09/2009) First MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested by Plaintiff Video Professor, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Smith, Gregory) Modified on 11/19/2009 to to remove repetitive text (sah2, ). (Entered: 11/18/2009) RESPONSE to 37 Plaintiff's First Motion for Extension of Time to Respond to Defendant's Summary Judgment Motion filed by Defendant Amazon.com, Inc.. (Levy, Marc) Modified on 11/20/2009 to create linkage (sah2, ). (Entered: 11/19/2009) BRIEF in Opposition to 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) filed by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Smith, Gregory) Modified on 11/20/2009 to remove repetitive text (sah2, ). (Entered: 11/19/2009) MINUTE ORDER denying 37 Motion for Extension of Time to File Response/Reply for plaintiff's failure to comply with REB Civ. Practice Standard II.G by Judge Robert E. Blackburn on 11/20/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (rebcd) (Entered: 11/20/2009) MOTION for Hearing/Conference re 39 Brief in Opposition to Motion, MOTION for Leave to Filed Amended Response Nunc Pro Tunc by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B - exhibit 1, # 4 Exhibit B - exhibit 2, # 5 Exhibit B exhibit 3, # 6 Exhibit B - exhibit 4, # 7 Exhibit B - exhibit 5, # 8 Exhibit B

11/03/2009

33

11/03/2009

34

11/04/2009 11/09/2009

35 36

11/18/2009

37

11/19/2009

38

11/19/2009

39

11/20/2009

40

11/23/2009

41

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 6 of 9

- exhibit 6, # 9 Exhibit B - exhibit 7, # 10 Exhibit B - exhibit 8, # 11 Exhibit B - exhibit 9, # 12 Deposition Excerpts Exhibit B - exhibit 10, # 13 Exhibit B - exhibit 11, # 14 Exhibit C, # 15 Proposed Order (PDF Only))(Smith, Gregory) Modified on 11/24/2009 to remove repetitive text (sah2, ). (Entered: 11/23/2009) 11/24/2009 42 RESPONSE to 41 MOTION for Hearing/Conference re 39 Brief in Opposition to Motion, filed by Defendant Amazon.com, Inc.. (Levy, Marc) Modified on 11/25/2009 to remove repetitive text (sah2, ). (Entered: 11/24/2009) REPLY to Response to 41 MOTION for Hearing/Conference re 39 Brief in Opposition to Motion, filed by Plaintiff Video Professor, Inc.. (Smith, Gregory) Modified on 11/25/2009 to remove repetitive text (sah2, ). (Entered: 11/24/2009) REPLY to Response to 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) filed by Defendant Amazon.com, Inc.. (Levy, Marc) Modified on 12/7/2009 to remove repetitive text (sah2, ). (Entered: 12/04/2009) Cross MOTION for Summary Judgment by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13) (Lasater, Kieran) Modified on 12/7/2009 to remove repetitive text(sah2, ). (Entered: 12/04/2009) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Discovery Hearing held on 12/17/2009. Plaintiffs oral Motion for additional written Discovery is DENIED without prejudice. Telephonic Status Conference set for 1/26/2010 01:00 PM before Magistrate Judge Kristen L. Mix. (Court Reporter FTR - Kathleen Finney) (klmcd) (Entered: 12/17/2009) RESPONSE to 45 Cross MOTION for Summary Judgment filed by Defendant Amazon.com, Inc.. (Levy, Marc) (Entered: 12/21/2009) REPLY to Response to 45 Cross MOTION for Summary Judgment filed by Plaintiff Video Professor, Inc.. (Lasater, Kieran) (Entered: 01/07/2010) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Telphonic Status Conference held on 1/26/2010. Discovery due by 3/15/2010. Final Pretrial Order is due 4/14/10 at 5:00 p.m. Final Pretrial Conference is vacated and reset for 4/16/2010 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (Court Reporter FTR Kathleen Finney) (klmcd) (Entered: 01/27/2010) Utility Setting/Resetting Deadlines/Hearings: Pursuant to the Telephonic Status Conference held on 01/26/2010: Proposed Pretrial Order due by 4/14/2010. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (sah, ) (Entered: 01/28/2010) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Discovery Hearing held on 2/23/2010. Plaintiffs renewed oral

11/24/2009

43

12/04/2009

44

12/04/2009

45

12/17/2009

46

12/21/2009 01/07/2010 01/26/2010

47 48 49

01/28/2010

50

02/23/2010

51

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 7 of 9

Motion for additional discovery is TAKEN UNDER ADVISEMENT with an order forthcoming. (Court Reporter FTR - Kathleen Finney) (klmcd) (Entered: 02/24/2010) 03/08/2010 52 ORDER: Plaintiffs oral Motion for Additional Discovery is DENIED by Magistrate Judge Kristen L. Mix on 3/8/2010. (klmcd) (Entered: 03/08/2010) DESIGNATION OF DEPOSITION TESTIMONY by Defendant Amazon.com, Inc.. (Briant, Jared) (Entered: 04/02/2010) DESIGNATION OF DEPOSITION TESTIMONY (Cross-Designation) by Plaintiff Video Professor, Inc.. (Lasater, Kieran) (Entered: 04/05/2010) NOTICE re 47 Response to Motion, 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested Providing Supplemental Authority by Defendant Amazon.com, Inc. (Attachments: # 1 Exhibit A)(Briant, Jared) Modified on 4/8/2010 to remove repetitive text(sah, ). (Entered: 04/07/2010) OBJECTIONS to 54 Designation of Deposition Testimony and Counter Designations by Defendant Amazon.com, Inc.. (Attachments: # 1 Exhibit A)(Briant, Jared) (Entered: 04/12/2010) Proposed Pretrial Order by Plaintiff Video Professor, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Lasater, Kieran) (Entered: 04/14/2010) Proposed Pretrial Order Amended by Plaintiff Video Professor, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Lasater, Kieran) (Entered: 04/14/2010) MOTION to Exclude Waived Affirmative Defense by Plaintiff Video Professor, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Smith, Gregory) (Entered: 04/16/2010) Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Final Pretrial Conference held on 4/16/2010. Defendant intends to promptly file a Motion to Amend Answer to assert affirmative defense. The parties will attempt to agree reading additional undisputed facts and, if so, file an Amendment to Final Pretrial Order The proposed Final Pretrial Order which was submitted to the Court, is approved, with interlineations, and made an order of Court. (Court Reporter FTR Kathleen Finney) (klmcd) (Entered: 04/16/2010) PRETRIAL ORDER by Magistrate Judge Kristen L. Mix on 4/16/2010. (klmcd) (Entered: 04/16/2010) MOTION to Amend/Correct/Modify 13 Answer to Complaint by Defendant Amazon.com, Inc.. (Attachments: # 1 Proposed Document Amended Answer and Affirmative Defenses)(Briant, Jared) (Entered: 04/16/2010) MEMORANDUM regarding 62 MOTION to Amend/Correct/Modify 13 Answer to Complaint filed by Amazon.com, Inc. Motions referred to

04/02/2010 04/05/2010 04/07/2010

53 54 55

04/12/2010

56

04/14/2010 04/14/2010

57 58

04/16/2010

59

04/16/2010

60

04/16/2010 04/16/2010

61 62

04/19/2010

63

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 8 of 9

Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 4/19/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (rebsec, ) (Entered: 04/19/2010) 04/19/2010 64 NOTICE re 48 Reply to Response to Motion, 45 Cross MOTION for Summary Judgment, 39 Brief in Opposition to Motion, Supplemental Authority by Plaintiff Video Professor, Inc. (Lasater, Kieran) (Entered: 04/19/2010) NOTICE re 61 Pretrial Order, 24 Amended Document Withdrawal of Objection Contained in Final Pretrial Order by Plaintiff Video Professor, Inc. (Attachments: # 1 Exhibit Exhibit A)(Lasater, Kieran) (Entered: 04/19/2010) NOTICE Glossary of Terms by Plaintiff Video Professor, Inc. (Lasater, Kieran) (Entered: 04/19/2010) TRIAL BRIEF by Plaintiff Video Professor, Inc.. (Lasater, Kieran) (Entered: 04/19/2010) Proposed Findings of Fact Conclusions of Law and Order by Plaintiff Video Professor, Inc.. (Lasater, Kieran) (Entered: 04/19/2010) TRIAL BRIEF by Defendant Amazon.com, Inc.. (Briant, Jared) (Entered: 04/19/2010) Proposed Findings of Fact Conclusions of Law, and Orders by Defendant Amazon.com, Inc.. (Briant, Jared) (Entered: 04/19/2010) Joint MOTION for Leave to Amend Final Pretrial Order by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order (PDF Only))(Lasater, Kieran) (Entered: 04/20/2010) MEMORANDUM regarding 71 Joint MOTION for Leave to Amend Final Pretrial Order filed by Video Professor, Inc. Motions referred to Magistrate Judge Kristen L. Mix by Judge Robert E. Blackburn on 4/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (rebsec, ) (Entered: 04/20/2010) RESPONSE to 59 MOTION to Exclude Waived Affirmative Defense filed by Defendant Amazon.com, Inc.. (Briant, Jared) (Entered: 04/21/2010) ORDER. The Defendants Motion for Summary Judgment and Memorandumin Support Thereof (Oral Argument Requested) 30 redacted version 32 -docket entry for motion filed under seal] filed 10/27/2009, is GRANTED. The Plaintiffs Cross-Motion for Summary Judgment and Memorandum of law in Support Thereof 45 filed 12/04/2009, is DENIED. The motions docketed under docket numbers 41 , 59 , 62 , 71 , and all other pending motions, are DENIED as moot. The Trial Preparation Conference currently set for 04/23/2010, at 10:00a.m., and the trial currently set to begin on 04/26/2010, at 8:30 a.m., are VACATED. JUDGMENT SHALL ENTER in favor of the defendant, Amazon.com, Inc., a Delaware corporation, and against the plaintiff, Video Professor, Inc., a Colorado corporation. The defendant is

04/19/2010

65

04/19/2010 04/19/2010 04/19/2010 04/19/2010 04/19/2010 04/20/2010

66 67 68 69 70 71

04/20/2010

72

04/21/2010 04/21/2010

73 74

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010

CM/ECF - U.S. District Court:cod

Page 9 of 9

AWARDED its costs. This case is CLOSED. By Judge Robert E. Blackburn on 04/21/2010.(sah, ) (Entered: 04/21/2010) 04/23/2010 75 JUDGMENT by Clerk. The Defendants Motion for Summary Judgment and Memorandum in Support Thereof (Oral Argument Requested) 30 redacted version 32 - docket entry for motion filed under seal filed 10/27/2009, is GRANTED. JUDGMENT IS ENTERED in favor of the defendant, Amazon.com, Inc., a Delaware corporation, and against the plaintiff, Video Professor, Inc., a Colorado corporation. The defendant is AWARDED its costs to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d) and D.C.COLO.LCivR 54.1. This case is CLOSED. Signed on 04/23/2010. (sah, ) (Entered: 04/23/2010) Unopposed MOTION for Extension of Time to Comply with Local Civil Rule 54.3 by Defendant Amazon.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Briant, Jared) (Entered: 05/04/2010) Proposed Bill of Costs by Defendant Amazon.com, Inc.. (Attachments: # 1 Exhibit A (Copy Fees), # 2 Exhibit B (Deposition Costs), # 3 Local Rule 54.1 Statement, # 4 Declaration of Marc C. Levy)(Levy, Marc) (Entered: 05/07/2010) STIPULATION re 77 Proposed Bill of Costs by Defendant Amazon.com, Inc.. (Levy, Marc) (Entered: 05/07/2010) MOTION for Attorney Fees and to Declare Case Exceptional Pursuant to 15 U.S.C. § 1117 by Defendant Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Briant, Jared) (Entered: 05/07/2010) Bill of Costs Taxed in amount of $ 6345.07 against Video Professor, Inc. (sah, ) (Entered: 05/17/2010) NOTICE OF APPEAL as to 74 Order on Motion for Hearing/Conference, Order on Motion for Leave, Order on Motion for Summary Judgment,Order on Motion to Exclude,Order on Motion to Amend/Correct/Modify, and 75 Judgment by Plaintiff Video Professor, Inc. (Smith, Gregory) Modified on 5/21/2010 to add a link to include Judgment in orders being appealed.(bjrsl, ). (Entered: 05/20/2010)

05/04/2010

76

05/07/2010

77

05/07/2010 05/07/2010

78 79

05/17/2010 05/20/2010

80 81

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?771871946972882-L_96_0-1

5/21/2010