Direct Marketing Association, The v. Huber

Filing 58

Joint STATUS REPORT Regarding Hearing on Motion for Preliminary Injunction by Plaintiff Direct Marketing Association, The. (Isaacson, George)

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.

JOINT STATUS REPORT
REGARDING HEARING ON MOTION FOR PRELIMINARY INJUNCTION
______________________________________________________________________
Plaintiff, the Direct Marketing Association, and Defendant, Roxy Huber,
Executive Director of the Colorado Department of Revenue, submit this Joint Status
Report in accordance with the Court’s Order dated November 8, 2010 [#49]. As set
forth below, the parties are in agreement that a hearing on the Plaintiff’s Motion for
Preliminary Injunction and Incorporated Memorandum of Law [#15] filed August 13,
2010 (“Motion”), should be limited to oral argument.
I. Joint Stipulated Record
The parties agree and hereby stipulate that, for purposes of the Motion, the Court
should admit into the record all of the supporting declarations (including exhibits thereto)
and other exhibits (including deposition excerpts and public documents) that have been

filed in support of: (1) the Motion [#15];1 (2) the Defendant’s Response in Opposition to
Plaintiff’s Motion for Preliminary Injunction [#50]; and (3) the Plaintiff’s Reply to the
Defendant’s Response In Opposition to Plaintiff’s Motion for Preliminary Injunction
[#56].
The parties further agree and stipulate that, for purposes of the Motion, the Court
should admit into the record such additional deposition excerpts as the parties may
designate and file with the Court, not later than December 16, 2010, in a Joint
Designation of Additional Deposition Testimony (“Joint Designation”). In that regard, the
parties have agreed to the following:

The parties shall exchange, not later than

December 10, 2010, designations of such additional deposition testimony as they want
to be made part of the record. The parties shall exchange counter-designations not
later than December 14, 2010. Not later than December 16, 2010, the parties shall file
with the Court the Joint Designation.
II. Hearing Limited to Oral Argument
Based on the foregoing stipulations regarding the content of the record, the
parties anticipate requiring no additional time to present testimony or other
evidence at a hearing on the Motion.
The parties hereby request oral argument on the Motion. The parties anticipate
that each side will require no more than 45 minutes for oral argument. The Plaintiff
anticipates reserving a portion of its time for rebuttal.

1

The declarations filed by the Plaintiff in support of the Motion were separately docketed
(as [#16] through [#19]), rather than being filed as exhibits to the Motion.

2

.

Respectfully submitted,

Dated: December 3, 2010

s/ George S. Isaacson
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 Plaintiff
s/ Jack Wesoky
Jack Wesoky, Jr.
Senior Assistant Attorney General
Stephanie Lindquist Scoville
Senior Assistant Attorney General
Melanie J. Snyder
Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on December 3, 2010, I electronically filed the foregoing Joint
Status Report Regarding Hearing on Motion for Preliminary Injunction, using the
CM/ECF system, which will send notification of such filing to counsel of record:
Jack Wesoky, Jr.
Senior Assistant Attorney General
Stephanie Lindquist Scoville
Senior Assistant Attorney General
Melanie J. Snyder
Assistant Attorney General
State of Colorado
1525 Sherman Street, 7th Floor
Denver, CO 80203
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant

s/ George S. Isaacson
George S. Isaacson

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