Direct Marketing Association, The v. Huber

Filing 92

MINUTE ORDER. The Defendants Motion To Dismiss Plaintiffs First Amended Complaint 14 is DENIED. By Judge Robert E. Blackburn on 3/21/2011.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case 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. MINUTE ORDER1 The matter is before the court on the Defendant's Motion To Dismiss Plaintiff's First Amended Complaint [#14] filed July 30, 2010. The motion is DENIED without prejudice. The court has approved the parties' stipulated schedule for summary judgment briefing on the plaintiffs' Commerce Clause claims and a stay of proceedings on all other claims. Given that stipulation, further proceedings on the motion to dismiss are stayed. The defendant may renew its Motion To Dismiss Plaintiff's First Amended Complaint [#14] after the Commerce Clause claims are resolved fully as specified in the court's Order Approving Proposed Briefing Schedule on Counts I and II and Staying Proceedings on Counts III Through VIII [#91] entered March 18, 2011. Dated: March 21, 2011 This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado. 1

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