TOG, Inc. et al v. United States Postal Service et al

Filing 41

MINUTE ENTRY for Oral Argument proceedings held before Judge John L. Kane on 4/24/2013. Granting 40 Motion for Leave; Finding as moot 19 Motion to Dismiss; Finding as moot 20 Motion to Dismiss for Failure to State a Claim; taking UNDER ADVISEMENT 23 Motion to Dismiss for Failure to State a Claim; taking UNDER ADVISEMENT 24 Motion to Dismiss. Court Reporter: Terri Lindblom. (babia)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: April 24, 2013 Deputy Clerk: Bernique Abiakam Court Reporter: Terri Lindblom Civil Action No.: 12-cv-01946-JLK TOG,INC., et al. Denise D. Riley Stephen M. DeHoff Plaintiffs, v. INNOVATIONS GROUP, INC., et al., Kathryn A. Reilly Janine Castorina Jeffrey S. Bucholtz Defendants. COURTROOM MINUTES Oral Argument 1:05 p.m. Court in session. Court calls case. Appearances of counsel. Preliminary remarks by the Court. ORDERED: Motion For Leave To File And Supplemental Brief For Defendant United States Postal Service (Filed 4/19/13; Doc. No. 40) is GRANTED. Argument heard regarding Doc. Nos. 23 (supersedes Doc. No. 19), and 24 (supersedes Doc. No. 20). 1:06 p.m. Argument by Mr. Bucholtz. Questions by the Court. 1:18 p.m. Argument by Ms. Reilly. 1:24 p.m. Response by Ms. Riley. Questions by the Court. 2:16 p.m. Rebuttal argument by Mr. Bucholtz. Questions by the Court. 2:36 p.m. Rebuttal argument by Ms. Reilly. Comments by the Court. 12-cv-01946-JLK Oral Argument April 24, 2013 ORDERED: Defendant United States Postal Service’s Motion to Dismiss The complaint For Failure To State A Claim (Filed 9/25/12; Doc. No. 19) is DENIED as MOOT. ORDERED: Motion To Dismiss Pursuant To Federal Rule of Civil Procedure 12(b)(6) [Filed 9/25-12; Doc. No. 20] is DENIED as MOOT. ORDERED: Defendant United States Postal Service’s Motion To Dismiss The Amended Complaint For Failure To State A Claim (Filed 10/26/12; Doc. No. 23) is taken UNDER ADVISEMENT. ORDERED: IGI’s Motion To Dismiss First Amended Complaint Pursuant To Federal Rule Of Civil Procedure 12(b)(6) [Filed 10/30/12; Doc. No. 24] is taken UNDER ADVISEMENT. 2:39 p.m. Court in recess. Hearing concluded. Time in court - 1 hour 34 minutes. 2

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