Direct Marketing Association, The v. Huber

Filing 60

Joint MOTION for Extension of Time to File Joint Designations of Additional Deposition Testimony by One Day by Defendant Roxy Huber. (Wesoky, Jack)

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 MOTION TO EXTEND THE DEADLINE FOR FILING JOINT DESIGNATION OF
ADDITIONAL DEPOSITION TESTIMONY BY ONE DAY
The parties by their respective counsel jointly move the Court for a one day
extension of time to December 17, 2010, to file their Joint Designation of Additional
Deposition Testimony for the hearing on Plaintiff's Motion for Preliminary Injunction and
as grounds therefore, state as follows:
1.

Pursuant to D.C.COLO.LCivR. 7.1A, counsel for Defendant and Plaintiff

conferred regarding this motion and join in the relief requested herein.
2.

On December 3, 2010, pursuant to Court Order, the parties filed their

Joint Status Report Regarding Hearing on Motion for Preliminary Injunction ("Joint
Status Report") in which the parties agreed and stipulated that, among other things,
they would file a Joint Designation of Additional Deposition Testimony ("Joint
Designation") with the Court on December 16, 2010.
3.

On December 6, 2010, the Court entered an Order approving the Joint

Status Report and ordering that the Joint Designation be filed on December 16, 2010.
In that Order the Court set oral argument on Plaintiff's Motion for Preliminary injunction
for January 13, 2011.
3.

On December 10, 2010, counsel for Defendant sent via electronic mail

designations of additional deposition testimony for witnesses Thomas Adler and Kevin
Lane Keller to counsel for Plaintiff. However, the electronic mail was misaddressed
and it did not come back to Defendant's counsel as undeliverable improper address.
4.

Defendant's counsel learned of the non- delivery of her designation of

testimony on December 15, 2010, and immediately re-sent the designations of
December 10, 2010, to Plaintiff's counsel which he received and contacted Plaintiff's
counsel.
4.

The parties have agreed that the Defendant's designations of December

10, 2010, should be included in the Joint Designation but that because of the delay
caused by the misaddressing of those designations they need an additional day to
prepare the complete Joint Designation and to be sure it is properly highlighted in
accordance with the Court's Practice Standard. REB Civ. Practice Standard III. F. 6.
5.

Plaintiff's counsel has authorized Defendant's Counsel to advise the

Court that this motion is filed as a joint motion.
8.

Good cause exists for a one day extension of the deadline to file the

Joint Designation.

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WHEREFORE, the parties request this Court enter an Order granting the parties
a one day extension to file their Joint Designation of Additional Deposition Testimony to
and including December 17, 2010.
Respectfully submitted this 16th day of December, 2010.
JOHN W. SUTHERS
Attorney General

s/ Jack M. Wesoky
JACK M. WESOKY*
Senior Assistant Attorney General
Business and Licensing Section
Attorneys for Defendant
1525 Sherman Street, 7th Floor
Denver, Colorado 80203
Telephone: [phone]
FAX: [phone]
E-Mail: [e-mail]
MELANIE J. SNYDER*
Assistant Attorney General
Business and Licensing Section
STEPHANIE LINDQUIST SCOVILLE
Senior Assistant Attorney General
Civil Litigation and Employment Law Section
Attorneys for Defendant
1525 Sherman Street, 7th Floor
Denver, Colorado 80203
Telephone: [phone] (Snyder)
Telephone: [phone] (Scoville)
FAX: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
*Counsel of Record

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CERTIFICATE OF SERVICE
I hereby certify that on December 16, 2010, I electronically filed the foregoing
JOINT MOTION TO EXTENDTHE DEADLINE FOR FILING JOINT DESIGNATION OF
ADDITIONAL DEPOSITION TESTIMONY with the Clerk of the Court using the
CM/ECF system which will send notification of such filing to the following e-addresses:
[e-mail]
[e-mail]
Attorney for Plaintiff

s/ Jack M. Wesoky

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