Direct Marketing Association, The v. Huber

Filing 85

Joint STATUS REPORT and Proposed Order 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.

ORDER
______________________________________________________________________
THIS MATTER, coming before the Court on the parties’ Joint Status Report
and Proposed Order [# 85], and it appearing to the Court that good cause exists for
entry of an order approving the parties’ joint proposal for further proceedings on Counts
I and II of the Plaintiff’s First Amended Complaint, asserting claims under the
Commerce Clause of the United States Constitution, Art. I, § 8;
THEREFORE, IT IS HEREBY ORDERED as follows:
1. The parties shall conduct no further discovery and make no additional
evidentiary submissions on Counts I and II (Commerce Clause).

The Court

shall defer all further proceedings on all other Counts in the complaint
pending final resolution of Counts I and II.

2. The parties shall submit cross-motions for summary judgment on Counts I
and II based on the existing record and according to the following schedule:
a. Motions Due:

45 days after the date of this Order;

b. Responses Due:

21 days after the relevant Motion is filed;

c. Replies Due:

14 days after the relevant Response is filed.

3. The Court shall certify any order granting summary judgment on Count I
and/or Count II for interlocutory appeal pursuant to 28 U.S.C. § 1292(b).
4. If the court awards summary judgment on Count I and/or Count II, all further
proceedings shall be stayed pending final action by the Tenth Circuit in
response to a notice of appeal filed by one or both parties.
5. If the Court awards neither party summary judgment, the Magistrate shall
promptly enter a Scheduling Order for resolution of all remaining issues in the
case following the denial of such motions.

District Court Judge.

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