Direct Marketing Association, The v. Huber

Filing 29

Proposed Scheduling Order (submitted jointly by the parties) by Plaintiff Direct Marketing Association, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schaefer, Matthew)

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.
______________________________________________________________________
PROPOSED SCHEDULING ORDER
______________________________________________________________________
The Plaintiff, the Direct Marketing Association, and the Defendant, Roxy Huber,
Executive Director of the Colorado Department of Revenue, respectfully submit the
proposed Scheduling Order attached hereto as Exhibit A (“Proposed Schedule”). The
Proposed Schedule mirrors a schedule agreed upon between the parties and previously
set forth in the 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, filed on September 1, 2010, now pending before the Court [Dkt. #27.] The
Proposed Schedule is the result of lengthy discussions among counsel for the parties to

establish a process that will promote the efficient resolution, in a matter of a few
months, of the issues presented by the Plaintiff’s Motion for Preliminary Injunction and
Incorporated Memorandum of Law, filed on August 13, 2010 [Dkt. #15], while staying
proceedings on the remaining claims brought by the Plaintiff to be resolved, if
necessary, after resolution of the Plaintiff’s Commerce Clause claims. As set forth in
the Proposed Schedule, because the parties believe that the Proposed Schedule may
reduce litigation costs and promote the Court’s case management of the action, the
parties respectfully request that the Court enter the Scheduling Order attached as
Exhibit A.
If the Court does not adopt the Proposed Schedule, the parties submit, in the
alternative, the proposed Scheduling Order attached as Exhibit B (“Alternative
Schedule”). Instead of a bifurcated schedule with a first phase involving expedited
discovery and a final hearing on the merits of the Plaintiff’s Commerce Clause claims in
a few months, the Alternative Schedule provides a longer discovery period for
proceedings on all of the Plaintiff’s claims. Under the Alternative Schedule, the Court
would resolve currently pending motions (i.e., Plaintiff’s Motion for Preliminary Injunction
and Defendant’s Motion to Dismiss [Dkt. #14]) and the parties would engage in
discovery and dispositive motion practice with final resolution of the case some time
after mid-2011. In the event the Court does not enter the Scheduling Order attached
as Exhibit A, the parties propose entry of the Scheduling Order attached as Exhibit B.

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Respectfully submitted,

s/ Matthew P. Schaefer
George S. Isaacson
Matthew P. Schaefer
BRANN & ISAACSON
184 Main Street, P. O. Box 3070
Lewiston, ME 04243−3070
Tel.: (207) 786−3566
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for The Direct
Marketing Association

s/Stephanie Lindquist Scoville
Stephanie Lindquist Scoville*
Senior Assistant Attorney General
Civil Litigation and Employment Law Section
Telephone: [phone]
FAX: [phone]
E-Mail: [e-mail]
Jack M. Wesoky*
Senior Assistant Attorney General
Karen M. MGovern*
Assistant Attorney General
Revenue, Business and Licensing
Telephone: [phone] (Wesoky)
Telephone: [phone] (McGovern)
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
*Counsel of Record
Attorneys for Defendant
1525 Sherman Street, 7th Floor
Denver, Colorado 80203

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Certificate of Service
I hereby certify that on September 16, 2010, I electronically filed the foregoing,
Proposed Scheduling Order, with accompanying proposed orders, using the CM/ECF
system, which will send notification of such filing to counsel of record:
Stephanie Lindquist Scoville
Senior Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
[e-mail]
Jack Wesoky
Senior Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
[e-mail]
Karen M. McGovern
Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
[e-mail]
Attorneys for Defendant

s/ Matthew P. Schaefer
Matthew P. Schaefer

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