Direct Marketing Association, The v. Huber
Filing
51
Unopposed MOTION for Leave to File Excess Pages for Reply to Opposition to Motion for Preliminary Injunction by Plaintiff Direct Marketing Association, The. (Attachments: # 1 Proposed Order (PDF Only))(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.
PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITATION
IN REPLY TO DEFENDANT’S RESPONSE IN OPPOSITION TO PLAINTIFF’S
MOTION FOR A PRELIMINARY INJUNCTION [DOC. 50]
______________________________________________________________________
The Plaintiff, the Direct Marketing Association (“the DMA”), moves, without
objection from the Defendant, for leave to exceed by five (5) pages the Court’s page
limitation for reply briefs set forth in REB Civ. Practice Standard V.B.1., in connection
with the DMA’s reply to Defendant’s Response in Opposition to Plaintiff’s Motion for a
Preliminary Injunction [Doc. 50]. As grounds for this motion, the DMA states as follows:
1.
This action concerns the constitutionality of the provisions of a new
Colorado statute, House Bill 10-1193, “An Act Concerning The Collection Of Sales And
Use Taxes On Sales Made By Out-Of-State Retailers, And Making An Appropriation
Therefor” (“the Act”), and the regulations adopted by the Colorado Department of
Revenue (“Department”) to implement the Act, which impose notice and reporting
requirements solely on out-of-state retailers who do not collect Colorado sales tax. In
its motion, the DMA contends that the Act and regulations violate the Commerce Clause
and will irreparably harm affected out-of-state retailers, warranting a preliminary
injunction against enforcement of the law.
2.
The DMA filed its Motion for a Preliminary Injunction on August 13, 2010.
With leave of court, the DMA’s motion was 30 pages in length.
3.
The Defendant filed her 30-page opposition to the DMA’s motion on
November 19, 2010.
4.
The DMA’s reply is due November 29, 2010.
5.
In order for the DMA to respond to several legal and factual contentions of
the Defendant raised for the first time in her opposition, the DMA requires a modest
enlargement of the Court’s standard page limit for reply briefs from ten (10) pages to
fifteen (15) pages.
6.
Counsel for the DMA has conferred with counsel for the Defendant in
accordance with D.C.COLO.LCivR. 7.1A., and the Defendant has no objection to the
DMA’s motion. Thus the Defendant will not be prejudiced if the Court grants the DMA
such relief.
7.
The DMA will make every attempt to ensure that the DMA’s reply in
support of its Motion for a Preliminary Injunction is concise and helpful to the Court’s
evaluation on the Motion for a Preliminary Injunction.
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8.
In these circumstances, and given the complexity of the issues presented
in this case and the significance of the Defendant’s motion to further proceedings, the
DMA respectfully submits that good cause exists for the allowance of its motion.
9.
Pursuant to D.C.COLO.LCivR. 7.1F. and REB Civ. Practice Standard
V.D.1., the DMA submits with this motion a proposed form of order regarding this
unopposed motion.
WHEREFORE, the DMA requests this Court enter an Order granting it leave to
file a reply to Defendant’s opposition to Plaintiff’s motion for a preliminary injunction not
to exceed fifteen (15) pages in length.
Dated: November 23, 2010
/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: (207) 783-9325
E-mail: gisaacson@brannlaw.com
mschaefer@brannlaw.com
Attorneys for The Direct Marketing
Association
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CERTIFICATE OF SERVICE
I hereby certify that on November 23, 2010, I electronically filed the foregoing,
Plaintiff’s Unopposed Motion For Leave To Exceed Page Limitation In Reply to
Defendant’s Opposition to Plaintiff’ Motion for a Preliminary Injunction [Doc. 50], with
accompanying proposed order, using the CM/ECF system, which will send notification
of such filing to counsel of record:
Jack Wesocky, Jr.
Senior Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
Jack.Wesocky@state.co.us
Stephanie Lindquist Scoville
Senior Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
stephanie.scoville@state.co.us
Melanie J. Snyder
Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
melanie.snyder@state.co.us
Attorneys for Defendant
/s/ Matthew P. Schaefer
Matthew P. Schaefer
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