Direct Marketing Association, The v. Huber

Filing 87

LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 86 Notice of Appeal filed by Roxy Huber to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal)(bjrsl, )

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APPEAL, NDISPO

U.S. District Court
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:10-cv-01546-REB -CBS

Direct Marketing Association, The v. Huber
Assigned to: Judge Robert E. Blackburn
Referred to: Magistrate Judge Craig B. Shaffer
Cause: 42:1983 Civil Rights Act

Date Filed: 06/30/2010
Jury Demand: None
Nature of Suit: 950 Constitutional State Statute
Jurisdiction: Federal Question

Plaintiff
Direct Marketing Association, The

represented by George Steven Isaacson
Brann & Isaacson
P.O. Box 3070
184 Main Street
Lewiston, ME 04243-3070
207-786-3566
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Matthew Peter Schaefer
Brann & Isaacson
P.O. Box 3070
184 Main Street
Lewiston, ME 04243-3070
207-786-3566
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Roxy Huber
in her capacity as Executive Director,
Colorado Department of Revenue

represented by Jack M. Wesoky
Colorado Attorney General's OfficeBusiness & Licensing
1525 Sherman Street
5th Floor
Denver, CO 80203
303-866-5512
Email: [e-mail]
ATTORNEY TO BE NOTICED
Karen Michelle McGovern
Colorado Attorney General's Office

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1525 Sherman Street
Denver, CO 80203
303-866-5455
Fax: [phone]
Email: [e-mail]
TERMINATED: 09/27/2010
Melanie J. Snyder
Colorado Attorney General's Office
1525 Sherman Street
Denver, CO 80203
303-866-5273
Email: [e-mail]
ATTORNEY TO BE NOTICED
Robert H. Dodd , Jr.
Colorado Attorney General's OfficeBusiness & Licensing
1525 Sherman Street
5th Floor
Denver, CO 80203
303-866-4589
Fax: [phone]
Email: [e-mail]
TERMINATED: 08/30/2010
Stephanie Lindquist Scoville
Colorado Attorney General's OfficeDepartment of Law
1525 Sherman Street
7th Floor
Denver, CO 80203
303-866-5241
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

06/30/2010

1

COMPLAINT against Roxy Huber ( Filing fee $ 350, Receipt Number
29213) Summons Issued, filed by Direct Marketing Association, The.
(Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered:
06/30/2010)

07/01/2010

2

ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer, for
non-dispositive matters, by Judge Robert E. Blackburn on 7/1/10.
(rebsec, ) (Entered: 07/01/2010)

07/07/2010

3

ORDER setting a Scheduling Conference on 9/23/2010 at 10:00 a.m., in
Courtroom A 402, by Magistrate Judge Craig B. Shaffer on 7/7/10.

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(cbssec) (Entered: 07/07/2010)
07/09/2010

4

NOTICE of Entry of Appearance by Robert H. Dodd, Jr on behalf of
Roxy Huber (Dodd, Robert) (Entered: 07/09/2010)

07/20/2010

5

SUMMONS Returned Executed by Direct Marketing Association, The.
Roxy Huber served on 7/2/2010, answer due 7/23/2010. (Schaefer,
Matthew) (Entered: 07/20/2010)

07/20/2010

6

CORPORATE DISCLOSURE STATEMENT by Plaintiff Direct
Marketing Association, The.. (Schaefer, Matthew) (Entered: 07/20/2010)

07/20/2010

7

Unopposed MOTION for Extension of Time to File Answer or Otherwise
Respond re 1 Complaint and Leave to Extend Page Limitation by
Defendant Roxy Huber. (Attachments: # 1 Proposed Order (PDF Only))
(Scoville, Stephanie) (Entered: 07/20/2010)

07/20/2010

8

MEMORANDUM regarding 7 Unopposed MOTION for Extension of
Time to File Answer or Otherwise Respond re 1 Complaint and Leave to
Extend Page Limitation filed by Roxy Huber.Motions referred to
Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn on
7/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED
(rebsec, ) (Entered: 07/20/2010)

07/21/2010

9

MINUTE ORDER granting 7 Motion for Extension of Time to Answer or
Otherwise Respond. Defendant has up to and including 7/30/10 to file a
responsive pleading, of no more than forty pages, to Plaintiff's 1
Complaint, by Magistrate Judge Craig B. Shaffer on 7/21/10.TEXT
ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec) (Entered:
07/21/2010)

07/23/2010

10

FIRST AMENDED COMPLAINT against Roxy Huber, filed by Direct
Marketing Association, The.(Isaacson, George) Modified on 7/26/2010 to
note that the document is the First Amended Complaint (sah, ). (Entered:
07/23/2010)

07/26/2010

11

Docket Annotation re: 10 Amended Complaint. Entry modified on
7/26/2010 to note that the document is the First Amended Complaint.
TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (sah, ) (Entered:
07/26/2010)

07/30/2010

12

Unopposed MOTION for Leave to File Excess Pages in connection with
motion for preliminary injunction by Plaintiff Direct Marketing
Association, The. (Attachments: # 1 Proposed Order (PDF Only))
(Schaefer, Matthew) (Entered: 07/30/2010)

07/30/2010

13

MINUTE ORDER granting in part 12 Motion for Leave to File Excess
Pages by Judge Robert E. Blackburn on 7/30/10. Plaintiff shall file their
motion for preliminary injunction that shall not exceed THIRTY (30)
pages. Defendant shall file a response to the motion for preliminary
injunction that shall not exceed THIRTY (30)pages.TEXT ONLY
ENTRY - NO DOCUMENT ATTACHED (rebsec, ) (Entered:
07/30/2010)

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07/30/2010

14

MOTION to Dismiss 10 Plaintiff's First Amended Complaint by
Defendant Roxy Huber. (Attachments: # 1 Exhibit A, # 2 Exhibit B)
(McGovern, Karen) Modified on 8/2/2010 to create linkage (sah2, ).
(Entered: 07/30/2010)

08/13/2010

15

MOTION for Preliminary Injunction with Incorporated Memorandum of
Law by Plaintiff Direct Marketing Association, The. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2)(Isaacson, George) (Entered: 08/13/2010)

08/13/2010

16

DECLARATION of Jerry Cerasale regarding MOTION for Preliminary
Injunction with Incorporated Memorandum of Law 15 by Plaintiff Direct
Marketing Association, The. (Isaacson, George) (Entered: 08/13/2010)

08/13/2010

17

DECLARATION of Jeana M. Petillo regarding MOTION for Preliminary
Injunction with Incorporated Memorandum of Law 15 by Plaintiff Direct
Marketing Association, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)
(Isaacson, George) (Entered: 08/13/2010)

08/13/2010

18

DECLARATION of Kevin Lane Keller regarding MOTION for
Preliminary Injunction with Incorporated Memorandum of Law 15 by
Plaintiff Direct Marketing Association, The. (Attachments: # 1 Exhibit A)
(Isaacson, George) (Entered: 08/13/2010)

08/13/2010

19

DECLARATION of Thomas J. Adler, PhD regarding MOTION for
Preliminary Injunction with Incorporated Memorandum of Law 15 by
Plaintiff Direct Marketing Association, The. (Attachments: # 1 Exhibit A,
# 2 Exhibit B)(Isaacson, George) (Entered: 08/13/2010)

08/13/2010

20

Unopposed MOTION for Extension of Time to File Response/Reply as to
14 MOTION to Dismiss Plaintiff's First Amended Complaint , and for
enlargement of page limitation for opposition by Plaintiff Direct
Marketing Association, The. (Attachments: # 1 Proposed Order (PDF
Only) for unopposed motion)(Schaefer, Matthew) (Entered: 08/13/2010)

08/19/2010

21

MINUTE ORDER. Plaintiffs Unopposed Motion For Extension of Time
and For Leave To Exceed Page Limitation in Opposition To Defendants
Motion To Dismiss Plaintiffs First Amended Complaint 14 , 20 is
GRANTED in part. Plaintiff shall have until 08/27/2010 to file its
response. The brief shall not exceed 36 pages. By Judge Robert E.
Blackburn on 08/19/2010.(sah, ) (Entered: 08/19/2010)

08/25/2010

22

NOTICE of Entry of Appearance by Jack M. Wesoky on behalf of Roxy
Huber (Wesoky, Jack) (Entered: 08/25/2010)

08/27/2010

23

BRIEF in Opposition to 14 MOTION to Dismiss Plaintiff's First Amended
Complaint filed by Plaintiff Direct Marketing Association, The. (Isaacson,
George) (Entered: 08/27/2010)

08/30/2010

24

Unopposed MOTION to Withdraw as Attorney for Defendant by
Defendant Roxy Huber. (Attachments: # 1 Proposed Order (PDF Only))
(Dodd, Robert) (Entered: 08/30/2010)

08/30/2010

25

MEMORANDUM regarding 24 Unopposed MOTION to Withdraw as

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Attorney for Defendant filed by Roxy Huber.Motions referred to
Magistrate Judge Craig B. Shaffer by Judge Robert E. Blackburn on
8/30/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED
(rebsec, ) (Entered: 08/30/2010)
08/30/2010

26

MINUTE ORDER granting 24 Motion to Withdraw as Attorney. Attorney
Robert H. Dodd, Jr terminated, by Magistrate Judge Craig B. Shaffer on
8/30/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec)
(Entered: 08/30/2010)

09/01/2010

27

(WITHDRAWN)Unopposed MOTION for Order to ON DEFENDANTS
UNOPPOSED MOTION 1) FOR LIMITED EXPEDITED DISCOVERY,
2) TO CONSOLIDATE PRELIMINARY INJUNCTION
PROCEEDINGS WITH A TRIAL ON THE MERITS ON PLAINTIFFS
COMMERCE CLAUSE CLAIMS, 3) TO STAY PROCEEDINGS ON
PLAINTIFFS REMAINING CLAIMS, AND 4) IN THE
ALTERNATIVE, FOR AN EXTENSION OF TIME IN WHICH
DEFENDANT MAY RESPOND TO PLAINTIFFS MOTION FOR
PRELIMINARY INJUNCTION AND REPLY IN SUPPORT OF HER
MOTION TO DISMISS by Defendant Roxy Huber. (Attachments: # 1
Proposed Order (PDF Only))(Scoville, Stephanie) Modified on 10/5/2010
pursuant to the Minute Entry dated 10/01/2010 (sah2, ). (Entered:
09/01/2010)

09/16/2010

28

Unopposed MOTION for Extension of Time to File Response/Reply in
Support of her Motion to Dismiss by Defendant Roxy Huber.
(Attachments: # 1 Proposed Order (PDF Only))(Scoville, Stephanie)
(Entered: 09/16/2010)

09/16/2010

29

Proposed Scheduling Order (submitted jointly by the parties) by Plaintiff
Direct Marketing Association, The. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Schaefer, Matthew) (Entered: 09/16/2010)

09/16/2010

30

NOTICE re 14 MOTION to Dismiss Plaintiff's First Amended Complaint
(Partial Withdrawl of Motion to Dismiss) by Defendant Roxy Huber
(Scoville, Stephanie) (Entered: 09/16/2010)

09/17/2010

31

MINUTE ORDER. Defendants Unopposed Motion For Extension of
Time in Which To Reply in Support of Her Motion To Dismiss 28 filed
09/16/2010, is GRANTED on the terms stated in this order. By Judge
Robert E. Blackburn on 09/17/2010.(sah, ) (Entered: 09/17/2010)

09/20/2010

32

MINUTE ORDER sua sponte resetting the 9/23/10 Scheduling
Conference to 9/24/2010 at 2:30 p.m. in Courtroom A402, pursuant to a
conflict on the court's calendar. All of the deadlines set forth in the Court's
3 Order filed on 7/7/10 remain unchanged, by Magistrate Judge Craig B.
Shaffer on 9/20/10. TEXT ONLY ENTRY - NO DOCUMENT
ATTACHED(cbssec) (Entered: 09/20/2010)

09/21/2010

33

NOTICE of Entry of Appearance of Melanie J. Snyder by Melanie J.
Snyder on behalf of Roxy Huber (Snyder, Melanie) (Entered: 09/21/2010)

09/24/2010

34

COURTROOM MINUTES - Minute Entry for proceedings held before

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Magistrate Judge Craig B. Shaffer: A Scheduling Conference was held on
9/24/2010. ORDERED: A Further Scheduling Conference is set for
10/1/2010 at 08:00 AM before Magistrate Judge Craig B. Shaffer. Out of
town counsel may appear via phone by calling 303.844.2117 at the
scheduled time. (Court Reporter FTR - Linda Kahoe) (cbscd) (Entered:
09/24/2010)
09/27/2010

35

Joint MOTION to Withdraw as Attorney by Defendant Roxy Huber.
(Attachments: # 1 Proposed Order (PDF Only))(McGovern, Karen)
(Entered: 09/27/2010)

09/27/2010

36

MEMORANDUM regarding 35 Joint MOTION to Withdraw as Attorney
filed by Roxy Huber.Motions referred to Magistrate Judge Craig B.
Shaffer by Judge Robert E. Blackburn on 9/27/10. TEXT ONLY ENTRY
- NO DOCUMENT ATTACHED(rebsec, ) (Entered: 09/27/2010)

09/27/2010

37

MINUTE ORDER granting 35 Motion to Withdraw as Attorney. Attorney
Karen Michelle McGovern is terminated as counsel of record, by
Magistrate Judge Craig B. Shaffer on 9/27/10.TEXT ONLY ENTRY NO DOCUMENT ATTACHED (cbssec) (Entered: 09/27/2010)

10/01/2010

38

Proposed Scheduling Order (Plaintiff's Proposal) by Plaintiff Direct
Marketing Association, The. (Schaefer, Matthew) (Entered: 10/01/2010)

10/01/2010

39

Minute Entry for Scheduling Conference held before Magistrate Judge
Craig B. Shaffer on 10/1/2010; Court enters a schedule for resolution of
the Plaintiff's pending Motion for Preliminary Injunction and Incorporated
Memorandum of Law 15 . Counsel for defendants makes an oral motion
to withdraw the Unopposed Motion for Order. The oral motion to
withdraw 27 Defendants' Unopposed Motion for Order is GRANTED and
the motion is WITHDRAWN. See attached document for deadlines.
(Court Reporter FTR - Monique Wiles) (klmcd ) (Entered: 10/04/2010)

10/01/2010

40

SCHEDULING ORDER, by Magistrate Judge Craig B. Shaffer on
10/1/2010. (klmcd ) (Entered: 10/04/2010)

10/01/2010

41

Minute Entry for Telephonic Status Conference proceedings held before
Magistrate Judge Craig B. Shaffer on 10/1/2010; Defendants' Motion 22
to Stay Discovery is GRANTED. Discovery is stayed pending a ruling on
the Defendants' Motion to Dismiss 5 . (Court Reporter FTR - Monique
Wiles) (klmc, ) (Entered: 10/04/2010)

10/04/2010

42

Docket Annotation re: 41 Status Conference, Minute Entry was docketed
in the wrong case. TEXT ONLY ENTRY - NO DOCUMENT
ATTACHED (sah, ) (Entered: 10/04/2010)

10/12/2010

43

MINUTE ORDER setting a Telephonic Discovery Hearing on 10/14/2010
at 2:00 p.m., pursuant to an unopposed request made by counsel for
Defendant. Counsel shall coordinate to create a conference call among
themselves before contacting the court (303.844.2117) at the scheduled
time, by Magistrate Judge Craig B. Shaffer on 10/12/10. TEXT ONLY
ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 10/12/2010)

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10/14/2010

44

COURTROOM MINUTES - Minute Entry for proceedings held before
Magistrate Judge Craig B. Shaffer: A Telephonic Discovery Hearing was
held on 10/14/2010. ORDERED: The court will apply the current Rule 26
that is in effect, WITHOUT PREJUDICE to the Plaintiff's right to
withhold materials that they believe, consistent with the case law, Rule
501, and Rule 26, can be properly withheld. Consistent with Rule 26(b)
(5), the Plaintiff is REQUIRED to provide a privilege log of any materials
that are withheld. The court will allow the parties to decide whether or not
the privilege is properly asserted. By Magistrate Judge Craig B. Shaffer.
(Court Reporter FTR - Linda Kahoe) (cbscd) (Entered: 10/14/2010)

10/28/2010

45

Unopposed MOTION for Extension of Time to Produce Final Expert
Report by Defendant Roxy Huber. (Attachments: # 1 Proposed Order
(PDF Only))(Scoville, Stephanie) (Entered: 10/28/2010)

10/29/2010

46

MEMORANDUM regarding 45 Unopposed MOTION for Extension of
Time to Produce Final Expert Report filed by Roxy Huber.Motions
referred to Magistrate Judge Craig B. Shaffer by Judge Robert E.
Blackburn on 10/29/10. TEXT ONLY ENTRY - NO DOCUMENT
ATTACHED(rebsec, ) (Entered: 10/29/2010)

10/29/2010

47

MINUTE ORDER granting 45 Motion for Extension of Time. Defendant
has up to and including November 15, 2010 in which to produce a final
expert report for its expert on the issue of compliance costs, by Magistrate
Judge Craig B. Shaffer on 10/29/10.TEXT ONLY ENTRY - NO
DOCUMENT ATTACHED (cbssec) (Entered: 10/29/2010)

10/29/2010

48

AMENDED MINUTE ORDER granting 45 Motion for Extension of
Time. Defendant has up to and including November 10, 2010 in which to
produce a final expert report for its expert on the issue of compliance
costs, by Magistrate Judge Craig B. Shaffer on 10/29/10. TEXT ONLY
ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 10/29/2010)

11/08/2010

49

ORDER. This matter is before me on the Plaintiffs Motion for a
Preliminary Injunction and Incorporated Memorandum of Law 15 filed
08/13/2010. The defendants response to this motion is due to be filed on
11/19/2010, and the plaintiffs reply is due to be filed on 11/29/2010. On
or before 12/03/2010, the parties SHALL FILE a joint status report
specifying the amount of time each party estimates she or it will need to
present evidence and argument at any hearing on the plaintiffs motion for
preliminary injunction; by Judge Robert E. Blackburn on 11/08/2010.
(sah, ) (Entered: 11/08/2010)

11/19/2010

50

RESPONSE to 15 MOTION for Preliminary Injunction with Incorporated
Memorandum of Law filed by Defendant Roxy Huber. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6, # 7 Exhibit 7, Part 1, # 8 Exhibit 7, Part 2, # 9 Exhibit 7, Part 3,
# 10 Exhibit 7, Part 4, # 11 Exhibit 7, Part 5, # 12 Exhibit 7, Part 6, # 13
Exhibit 7, Part 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17
Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit
15, # 22 Exhibit 16, # 23 Exhibit 17)(Scoville, Stephanie) (Entered:
11/19/2010)

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11/23/2010

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) (Entered: 11/23/2010)

11/23/2010

52

MOTION for Leave to File Excess Pages for her Reply Brief in Support of
Motion to Dismiss by Defendant Roxy Huber. (Attachments: # 1 Proposed
Order (PDF Only))(Scoville, Stephanie) (Entered: 11/23/2010)

11/23/2010

53

RESPONSE to 52 MOTION for Leave to File Excess Pages for her Reply
Brief in Support of Motion to Dismiss filed by Plaintiff Direct Marketing
Association, The. (Schaefer, Matthew) (Entered: 11/23/2010)

11/24/2010

54

MINUTE ORDER granting 51 Motion for Leave to File Excess Pages.
Plaintiff is granted leave to file a reply brief to defendant's response in
opposition to plaintiff's motion for preliminary injunction that shall not
exceed fifteen 15 pages. By Judge Robert E. Blackburn on
11/24/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED
(rebsec, ) (Entered: 11/24/2010)

11/24/2010

55

MINUTE ORDER granting 52 Motion for Leave to File Excess Pages.
Defendant is permitted to file a reply brief in support of her motion to
dismiss not to exceed twenty 20 pages. By Judge Robert E. Blackburn on
11/24/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED
(rebsec, ) (Entered: 11/24/2010)

11/29/2010

56

REPLY to Response to 15 MOTION for Preliminary Injunction with
Incorporated Memorandum of Law filed by Plaintiff Direct Marketing
Association, The. (Attachments: # 1 Affidavit Reply Exh A (Barry Decl.),
# 2 Deposition Excerpts Reply Exh B (Barry Deposition), # 3 Deposition
Excerpts Reply Exh C (Gable Deposition), # 4 Deposition Excerpts Reply
Exh D (Keller Deposition), # 5 Affidavit Reply Exh E (Adler Decl.), # 6
Deposition Excerpts Reply Exh F (Adler Deposition), # 7 Affidavit Reply
Exh G (Woock Decl.), # 8 Deposition Excerpts Reply Exh H (Fox
Deposition))(Isaacson, George) (Entered: 11/29/2010)

11/30/2010

57

REPLY to Response to 14 MOTION to Dismiss Plaintiff's First Amended
Complaint filed by Defendant Roxy Huber. (Attachments: # 1 Exhibit
Exhibit 1)(Snyder, Melanie) (Entered: 11/30/2010)

12/03/2010

58

Joint STATUS REPORT Regarding Hearing on Motion for Preliminary
Injunction by Plaintiff Direct Marketing Association, The. (Isaacson,
George) (Entered: 12/03/2010)

12/06/2010

59

ORDER. The Joint Status Report Regarding Hearing on Motion For
Preliminary Injunction 58 filed 12/03/2010, is APPROVED. The
stipulations stated in the joint status report concerning the composition of
the record relevant to plaintiffs motion 15 are APPROVED. The parties
request for oral argument is GRANTED. The court SHALL HEAR oral
argument relevant to the issues raised by and inherent to the plaintiffs
motion 15 on 01/13/2011, commencing at 10:00 a.m. (MST). By Judge
Robert E. Blackburn on 12/06/2010. (sah, ) (Entered: 12/06/2010)

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12/16/2010

60

Joint MOTION for Extension of Time to File Joint Designations of
Additional Deposition Testimony by One Day by Defendant Roxy Huber.
(Wesoky, Jack) (Entered: 12/16/2010)

12/16/2010

61

MINUTE ORDER granting 60 Motion for Extension of Time. Parties
shall have until 12/17/10 to file their Joint Designation of Additional
Deposition Testimony. By Judge Robert E. Blackburn on 12/16/10.TEXT
ONLY ENTRY - NO DOCUMENT ATTACHED (rebsec, ) (Entered:
12/16/2010)

12/16/2010

62

MOTION for Leave to File Excess Pages for Motion to Exclude Plaintiff's
Expert Witnesses by Defendant Roxy Huber. (Attachments: # 1 Proposed
Order (PDF Only))(Snyder, Melanie) (Entered: 12/16/2010)

12/16/2010

63

MOTION to Exclude the Testimony of Plaintiff's Expert Witnesses F.
Curtis Barry, Thomas Adler, and Kevin Lane Keller by Defendant Roxy
Huber. (Attachments: # 1 Exhibit A- Barry Dep., # 2 Exhibit B- Barry
Report, # 3 Exhibit C- Barry Dep. Exhs., # 4 Exhibit D- Adler Report and
Decl., # 5 Exhibit E-1of5- Adler Dep. Exhs, # 6 Exhibit E-2of5- Adler
Dep. Exhs, # 7 Exhibit E-3of5- Adler Dep. Exhs, # 8 Exhibit E-4of5Adler Dep. Exhs, # 9 Exhibit E-5of5- Adler Dep. Exhs, # 10 Exhibit FAdler Dep., # 11 Exhibit G- Lichtenstein Decl. and Report, # 12 Exhibit
H- Keller Dep., # 13 Exhibit I- Keller Report and Decl., # 14 Exhibit J1of3- Keller Dep. Exhs., # 15 Exhibit J-2of3- Keller Dep. Exhs., # 16
Exhibit J-3of3- Keller Dep. Exhs.)(Snyder, Melanie) (Entered:
12/16/2010)

12/17/2010

64

MINUTE ORDER. Defendants Unopposed Motion For Leave To Exceed
Page Limitation For Her Motion To Exclude The Testimony of Plaintiffs
Expert Witness 62 is GRANTED. Defendants Motion To Exclude The
Testimony of Plaintiffs Expert Witnesses F. Curtis Barry, Thomas Adler,
and Kevin Lane Keller 63 is accepted for filing. By Judge Robert E.
Blackburn on 12/17/2010.(sah, ) (Entered: 12/17/2010)

12/17/2010

65

DESIGNATION OF DEPOSITION TESTIMONY Joint Designation of
Additional Deposition Testimony Regarding Plaintiff's Motion for
Preliminary Injunction by Plaintiff Direct Marketing Association, The.
(Schaefer, Matthew) (Entered: 12/17/2010)

12/17/2010

66

DESIGNATION OF DEPOSITION TESTIMONY Excerpts from the
Transcript of the Deposition of F. Curtis Barry and accompanying
deposition exhibits by Plaintiff Direct Marketing Association, The.
(Attachments: # 1 Exhibit Dep. Ex. 1, # 2 Exhibit Dep. Ex. 3, # 3 Exhibit
Dep. Ex. 4, # 4 Exhibit Dep. Ex. 5, # 5 Exhibit Dep. Ex. 7, # 6 Exhibit
Dep. Ex. 8, # 7 Exhibit Dep. Ex. 9, # 8 Exhibit Dep. Ex. 10, # 9 Exhibit
Dep. Ex. 11, # 10 Exhibit Dep. Ex. 12, # 11 Exhibit Dep. Ex. 13, # 12
Exhibit Dep. Ex. 15)(Schaefer, Matthew) (Entered: 12/17/2010)

12/17/2010

67

DESIGNATION OF DEPOSITION TESTIMONY Excerpts from the
Transcript of the Deposition of Kevin Lane Keller and accompanying
deposition exhibits by Plaintiff Direct Marketing Association, The.
(Attachments: # 1 Exhibit Dep. Ex. 16, # 2 Exhibit Dep. Ex. 17, # 3

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Exhibit Dep. Ex. 18, # 4 Exhibit Dep. Ex. 19, # 5 Exhibit Dep. Ex. 20, # 6
Exhibit Dep. Ex. 21, # 7 Exhibit Dep. Ex. 22, # 8 Exhibit Dep. Ex. 23, # 9
Exhibit Dep. Ex. 24, # 10 Exhibit Dep. Ex. 25, # 11 Exhibit Dep. Ex. 26,
# 12 Exhibit Dep. Ex. 29, # 13 Exhibit Dep. Ex. 30, # 14 Exhibit Dep. Ex.
31, # 15 Exhibit Dep. Ex. 32, # 16 Exhibit Dep. Ex. 33, # 17 Exhibit Dep.
Ex. 34, # 18 Exhibit Dep. Ex. 35, # 19 Exhibit Dep. Ex. 36, # 20 Exhibit
Dep. Ex. 37, # 21 Exhibit Dep. Ex. 38)(Schaefer, Matthew) (Entered:
12/17/2010)
12/17/2010

68

DESIGNATION OF DEPOSITION TESTIMONY Excerpts From the
Transcript of the Deposition of Thomas J. Adler and accompanying
deposition exhibits by Plaintiff Direct Marketing Association, The.
(Attachments: # 1 Exhibit Dep. Ex. 21, # 2 Exhibit Dep. Ex. 39, # 3
Exhibit Dep. Ex. 42, # 4 Exhibit Dep. Ex. 44, # 5 Exhibit Dep. Ex. 47, # 6
Exhibit Dep. Ex. 48, # 7 Exhibit Dep. Ex. 49, # 8 Exhibit Dep. Ex. 52, # 9
Exhibit Dep. Ex. 53, # 10 Exhibit Dep. Ex. 54, # 11 Exhibit Dep. Ex. 55,
# 12 Exhibit Dep. Ex. 56, # 13 Exhibit Dep. Ex. 57, # 14 Exhibit Dep. Ex.
58, # 15 Exhibit Dep. Ex. 60, # 16 Exhibit Dep. Ex. 61, # 17 Exhibit Dep.
Ex. 62, # 18 Exhibit Dep. Ex. 63, # 19 Exhibit Dep. Ex. 65, # 20 Exhibit
Dep. Ex. 66, # 21 Exhibit Dep. Ex. 67, # 22 Exhibit Dep. Ex. 68, # 23
Exhibit Dep. Ex. 69, # 24 Exhibit Dep. Ex. 70, # 25 Exhibit Dep. Ex. 72,
# 26 Exhibit Dep. Ex. 74, # 27 Exhibit Dep. Ex. 76, # 28 Exhibit Dep. Ex.
79, # 29 Exhibit Dep. Ex. 80, # 30 Exhibit Dep. Ex. 82, # 31 Exhibit Dep.
Ex. 86, # 32 Exhibit Dep. Ex. 87, # 33 Exhibit Dep. Ex. 88, # 34 Exhibit
Dep. Ex. 90, # 35 Exhibit Dep. Ex. 92, # 36 Exhibit Dep. Ex. 93)
(Schaefer, Matthew) (Entered: 12/17/2010)

12/17/2010

69

DESIGNATION OF DEPOSITION TESTIMONY Excerpts from the
Transcript of the Deposition of William F. Fox and accompanying
deposition exhibits by Plaintiff Direct Marketing Association, The.
(Attachments: # 1 Exhibit Dep. Ex. 95, # 2 Exhibit Dep. Ex. 96, # 3
Exhibit Dep. Ex. 98, # 4 Exhibit Dep. Ex. 99, # 5 Exhibit Dep. Ex. 100, #
6 Exhibit Dep. Ex. 101)(Schaefer, Matthew) (Entered: 12/17/2010)

12/17/2010

70

DESIGNATION OF DEPOSITION TESTIMONY Excerpts from the
Transcript of the Deposition of Dieter G. Gable by Plaintiff Direct
Marketing Association, The. (Schaefer, Matthew) (Entered: 12/17/2010)

12/20/2010

71

Amended MOTION to Exclude Testimony of Plaintiff's Expert Witnesses
F. Curtis Barry, Thomas Adler, and Kevin Lane Keller by Defendant
Roxy Huber. (Attachments: # 1 Exhibit A, Barry Dep., # 2 Exhibit B,
Barry Report, # 3 Exhibit C, Barry Dep. Exhs., # 4 Exhibit D, Adler
Report and Decl., # 5 Exhibit E1of5, Adler Dep. Exhs., # 6 Exhibit E2of5,
Adler Dep. Exhs., # 7 Exhibit E3of5, Adler Dep. Exhs., # 8 Exhibit
E4of5, Adler Dep. Exhs., # 9 Exhibit E5of5, Adler Dep. Exhs., # 10
Exhibit F, Adler Dep., # 11 Exhibit G, Lichtenstein Decl. and Report, # 12
Exhibit H, Keller Dep., # 13 Exhibit I, Keller Report and Decl., # 14
Exhibit J1of3, Keller Dep. Exhs., # 15 Exhibit J2of3, Keller Dep. Exhs., #
16 Exhibit J3of3, Keller Dep. Exhs.)(Snyder, Melanie) (Entered:
12/20/2010)

12/22/2010

72

MOTION to Strike 71 Amended MOTION to Exclude Testimony of

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Plaintiff's Expert Witnesses F. Curtis Barry, Thomas Adler, and Kevin
Lane Keller (as Untimely, Non-Conforming, and Additional, Surreply
Briefing on Planitff's Motion for Preliminary Injunction) by Plaintiff
Direct Marketing Association, The. (Schaefer, Matthew) (Entered:
12/22/2010)
01/05/2011

73

RESPONSE to 72 Plaintiffs Motion to Strike Defendants Additional,
Surreply Briefing on Plaintiffs Motion for Preliminary Injunction, Filed
by the Defendant As an Untimely and Non-Conforming Motion to
Exclude the Testimony of Plaintiffs Expert Witnesses filed by Defendant
Roxy Huber. (Wesoky, Jack) Modified on 1/6/2011 to create linkage
(sah, ). (Entered: 01/05/2011)

01/06/2011

74

REPLY to Response to 72 Plantiff's Motion to Strike filed by Plaintiff
Direct Marketing Association, The. (Schaefer, Matthew) Modified on
1/6/2011 to create linkage (sah, ). (Entered: 01/06/2011)

01/10/2011

75

RESPONSE to 71 Amended MOTION to Exclude Testimony of Plaintiff's
Expert Witnesses F. Curtis Barry, Thomas Adler, and Kevin Lane Keller
filed by Plaintiff Direct Marketing Association, The. (Attachments: # 1
Deposition Excerpts Ex A)(Schaefer, Matthew) (Entered: 01/10/2011)

01/13/2011

76

Minute Entry for Preliminary Injunction proceedings held before Judge
Robert E. Blackburn on 1/13/2011. Taking under advisement 15 Motion
for Preliminary Injunction. (Court Reporter: Suzanne Claar)(babia)
(Entered: 01/13/2011)

01/24/2011

77

REPLY to Response to 71 Amended MOTION to Exclude Testimony of
Plaintiff's Expert Witnesses F. Curtis Barry, Thomas Adler, and Kevin
Lane Keller filed by Defendant Roxy Huber. (Attachments: # 1 Exhibit
Exh K, Gable Rep and Ex, # 2 Exhibit Exh L, Keller Dep Cites, # 3
Exhibit Exh M, Keller Dep Cites)(Snyder, Melanie) (Entered: 01/24/2011)

01/26/2011

78

ORDER. Defendants Amended Motion To Exclude the Testimony of
Plaintiffs Expert Witnesses F. Curtis Barry, Thomas Adler, and Kevin
Lane Keller 71 filed 12/20/2010, is DENIED as moot. The Plaintiffs
Motion to Strike Defendants Additional, Surreply Briefing on Plaintiffs
Motion for Preliminary Injunction, Filed by the Defendant as an Untimely
and Non-conforming Motion to Exclude the Testimony of Plaintiffs
Expert Witnesses 71 72 filed 12/22/2010, is DENIED. By Judge Robert E.
Blackburn on 1/26/2011.(sah, ) (Entered: 01/26/2011)

01/26/2011

79

ORDER. Plaintiffs Motion for a Preliminary Injunction and Incorporated
Memorandum of Law 15 filed 8/13/2010, is GRANTED. See order for
details. By Judge Robert E. Blackburn on 1/26/2011.(sah, ) (Entered:
01/26/2011)

01/26/2011

80

MINUTE ORDER setting a Telephonic Status Conference on 2/10/2011
at 10:00 a.m., in light of the 79 Order Granting Motion for Preliminary
Injunction. Counsel shall coordinate to create a conference call among
themselves before contacting the court (303.844.2117) at the scheduled
time, by Magistrate Judge Craig B. Shaffer on 1/26/11. TEXT ONLY
ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 01/26/2011)

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01/28/2011

81

BOND for Preliminary Injunction posted by Plaintiff Direct Marketing
Association, The. (Schaefer, Matthew) (Entered: 01/28/2011)

01/28/2011

82

RECEIPT (COX034787) for 5,000.00 by Plaintiff Direct Marketing
Association, The re: 79 Order on Motion for Preliminary Injunction.
(sah, ) (Entered: 01/28/2011)

02/01/2011

83

MINUTE ORDER resetting a hearing pursuant to an unopposed request
made by counsel for Defendant. ORDERED that a Telephonic Status
Conference will be held on 2/14/2011 at 9:00 a.m. Counsel shall
coordinate to create a conference call among themselves before
contacting the court (303.844.2117) at the scheduled time, by Magistrate
Judge Craig B. Shaffer on 2/1/11. TEXT ONLY ENTRY - NO
DOCUMENT ATTACHED(cbssec) (Entered: 02/01/2011)

02/14/2011

84

COURTROOM MINUTES/MINUTE ORDER for proceedings held
before Magistrate Judge Craig B. Shaffer: A Telephonic Status
Conference was held on 2/14/2011. (FTR: Linda Kahoe) (cbscd) (Entered:
02/14/2011)

02/16/2011

85

Joint STATUS REPORT and Proposed Order by Plaintiff Direct
Marketing Association, The. (Attachments: # 1 Proposed Order (PDF
Only))(Schaefer, Matthew) (Entered: 02/16/2011)

02/25/2011

86

NOTICE OF APPEAL as to 79 Order on Motion for Preliminary
Injunction by Defendant Roxy Huber (Wesoky, Jack) (Entered:
02/25/2011)

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2/28/2011