Direct Marketing Association, The v. Huber

Filing 27

(WITHDRAWN)Unopposed MOTION for Order to ON DEFENDANTS UNOPPOSED MOTION 1) FOR LIMITED EXPEDITED DISCOVERY, 2) TO CONSOLIDATE PRELIMINARY INJUNCTION PROCEEDINGS WITH A TRIAL ON THE MERITS ON PLAINTIFFS COMMERCE CLAUSE CLAIMS, 3) TO STAY PROCEEDINGS ON PLAINTIFFS REMAINING CLAIMS, AND 4) IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME IN WHICH DEFENDANT MAY RESPOND TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION AND REPLY IN SUPPORT OF HER MOTION TO DISMISS by Defendant Roxy Huber. (Attachments: # 1 Proposed Order (PDF Only))(Scoville, Stephanie) Modified on 10/5/2010 pursuant to the Minute Entry dated 10/01/2010 (sah2, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01546-REB-CBS
THE DIRECT MARKETING ASSOCIATION,
Plaintiff,
v.
ROXY HUBER, in her capacity as Executive Director,
COLORADO DEPARTMENT OF REVENUE,
Defendant.
ORDER ON DEFENDANT’S UNOPPOSED MOTION 1) FOR LIMITED EXPEDITED
DISCOVERY, 2) TO CONSOLIDATE PRELIMINARY INJUNCTION PROCEEDINGS
WITH A TRIAL ON THE MERITS ON PLAINTIFF’S COMMERCE CLAUSE CLAIMS,
3) TO STAY PROCEEDINGS ON PLAINTIFF’S REMAINING CLAIMS, AND 4) IN THE
ALTERNATIVE, FOR AN EXTENSION OF TIME IN WHICH DEFENDANT MAY
RESPOND TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND
REPLY IN SUPPORT OF HER MOTION TO DISMISS

This matter coming before the Court on Defendant’s Unopposed Motion 1) for
limited expedited discovery, 2) to consolidate preliminary injunction proceedings with a
trial on the merits on Plaintiff’s Commerce Clause claims, 3) to stay proceedings on
Plaintiff’s remaining claims, and 4) in the alternative, for an extension of time in which
Defendant may respond to Plaintiff’s Motion for Preliminary Injunction and reply in
support of her Motion to Dismiss, and it appearing to the Court that the same should be
GRANTED,

It is hereby ordered that Plaintiff’s Motion for Preliminary Injunction shall be
consolidated with a trial on the merits as to Counts I and II of Plaintiff’s Complaint (the
Commerce Clause claims).
The parties shall conduct limited expedited discovery on the issues raised in
Plaintiff’s Motion for Preliminary Injunction and on Plaintiff’s Commerce Clause claims
according to the following schedule:


September 13, 2010: Parties to exchange Rule 26(a)(1) disclosures
covering Plaintiff’s Commerce Clause claims and any
witnesses/documents to be used in conjunction with the Motion for
Preliminary Injunction;



September 20, 2010: Plaintiff to designate experts, including production
of materials required by Rule 26(a)(2)(b) and the experts’ complete files
subject to discovery;



October 11, 2010: Deadline for parties to serve written discovery (with a
total of no more than 10 interrogatories,10 requests for production, and 10
requests for admission to be served by each party), to make any
supplemental disclosures related to Plaintiff’s Commerce Clause claims
and the Motion for Preliminary Injunction, to produce all documents
identified in initial and supplemental disclosures, and to exchange initial
proposals for Joint Stipulations of Fact;

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

October 22, 2010: Defendant to designate experts, including production
of materials required by Rule 26(a)(2)(b) and the experts’ complete files
subject to discovery;



November 5, 2010: Deadline for non-expert depositions (limit of three (3)
per party);



November 15, 2010: Discovery cut-off for issues related to Plaintiff’s
Commerce Clause claims and the Motion for Preliminary Injunction;



November 30, 2010: Deadline for filing stipulations of fact to the extent
that the parties can agree upon stipulations; deadline for dispositive
motions or pre-hearing memoranda addressing issues presented by
Plaintiff’s Motion for Preliminary Injunction and/or on Plaintiff’s Commerce
Clause claims;



December 10, 2010: Deadline for filing responses to dispositive motions
or pre-hearing memoranda.

It is further ordered that a three-day hearing on Plaintiff’s request for an injunction
and the merits of Plaintiff’s Commerce Clause claims shall be held on
________________.
It is further ordered that all remaining proceedings shall be stayed until an order
is issued resolving Plaintiff’s request for an injunction and the merits of Plaintiff’s
Commerce Clause claims. Specifically, the scheduling conference on September 23,
2010 is hereby vacated, all deadlines in the order of July 7, 2010 are vacated, and the
time in which Defendant may reply in support of her Motion to Dismiss is stayed until

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such time as an order is issued on Plaintiff’s request for an injunction and the merits of
Plaintiff’s Commerce Clause claims.
ALTERNATIVELY, it is ordered that Defendant shall be permitted an additional
three weeks, or up to and including September 28, 2010 in which to respond to
Plaintiff’s Motion for Preliminary Injunction. Defendant shall also be permitted up to and
including September 21, 2010 in which to reply in support of her Motion to Dismiss.

Dated this __ day of September, 2010.

___________________________
District Court Judge

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