Federal Trade Commission et al v. Dalbey et al

Filing 116

MINUTE ORDER withdrawing 2 Motion for Preliminary Injunction; denying without prejudice as moot 80 Motion to Exclude; granting 109 Motion to Withdraw Document. The Status Report Deadline with respect to the Motion for Preliminary Injunction 2 set for 10/25/2011 is VACATED, by Magistrate Judge Kristen L. Mix on 10/6/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01396-RBJ-KLM
FEDERAL TRADE COMMISSION and
STATE OF COLORADO, ex rel. JOHN W. SUTHERS, ATTORNEY GENERAL,
Plaintiffs,
v.
RUSSELL T. DALBEY,
DEI, LLLP,
DALBEY EDUCATION INSTITUTE, LLC,
IPME, LLLP,
CATHERINE L. DALBEY, and
MARSHA KELLOGG,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Motion for a Preliminary Injunction
and Other Equitable Relief [Docket No. 2; Filed May 26, 2011] (the “Motion for
Preliminary Injunction”); Defendants Russell T. Dalbey and Dalbey Education Institute,
LLC’s Motion to Exclude for All Purposes All Evidence Regarding Surveys
Conducted by FTC’s Experts Manoj Hastak and Frederica Conrey Under Daubert v.
Merrell Dow Pharms, Inc. [Docket No. 80; Filed August 24, 2011] (the “Motion to
Exclude”); and Plaintiffs’ Notice of Withdrawal of Their Motion for a Preliminary
Injunction and Other Equitable Relief [Docket No. 109; Filed September 29, 2011] (the
“Notice”). On September 30, 2011, the Notice was converted into a motion. See Docket
Annotation [#111]. As an initial matter, the Notice, as a motion, does not comply with
D.C.COLO.LCivR 7.1A, which provides as follows:
The Court will not consider any motion, other than a motion under Fed. R.
Civ. P. 12 or 56, unless counsel for the moving party or a pro se party, before
filing the motion, has conferred or made reasonable, good faith efforts to
confer with opposing counsel or a pro se party to resolve the disputed matter.
The moving party shall state in the motion, or in a certificate attached to the
motion, the specific efforts to comply with this rule.

-1-

The Notice is subject to denial on this basis alone. Nevertheless, in the interest of
expedience,
IT IS HEREBY ORDERED that the Notice [#109] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Motion for Preliminary Injunction [#2] is
WITHDRAWN.
IT IS FURTHER ORDERED that the Status Report Deadline with respect to the
Motion for Preliminary Injunction [#2] set for October 25, 2011, see Minute Order [Docket
No. 90], is VACATED. Further, in light of the withdrawal of the Motion for Preliminary
Injunction [#2],
IT IS FURTHER ORDERED that the Motion to Exclude [#80] is DENIED, without
prejudice, as moot.

Dated: October 6, 2011

-2-