Telke v. New Frontier Media, Inc. et al

Filing 11

ORDER Concerning November 27, 2012 Hearing re: 7 Plaintiff's Motion for Preliminary Injunction and 10 Defendants MOTION to Dismiss. Motion Hearing set for 11/27/2012 at 10:00 AM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 11/21/12. (sgrim) Modified on 11/21/2012 to create document link. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-02941-JLK-KLM
CRAIG TELKE, Individually and on Behalf of All Others Similarly Situated,
Plaintiff,
v.
NEW FRONTIER MEDIA, INC.,
ALAN ISAACMAN,
MELISSA HUBBARD,
HIRAM J. WOO,
WALTER TIMOSHENKO,
LFP BROADCASTING, LLC, and
FLYNT BROADCAST, INC.,
Defendants.
______________________________________________________________________________
Order Concerning November 27, 2012 Hearing
Kane, J.
For the November 27, 2012 10:00AM hearing, in addition to, of course, being fully prepared
to discuss the issues raised in Plaintiff’s Motion for Preliminary Injunction, Doc. 7, counsel is
advised to be knowledgeable with respect to the following: (1) 10th Circuit case law addressing
the necessity of bonds in actions similar to the instant one; and (2) How, if at all, the terminology
used in the contested Recommendation Statement differs from previously used terminology in
New Frontier corporate literature (i.e., does New Frontier employ default definitions for
repeatedly used financial concepts such that definitions are only necessary where a term is used
in a fashion atypical for New Frontier or is the failure to define, say, “cash flows” a critical
omission tantamount to failure to disclose all material facts, etc.) .
The Court will also hear argument concerning Defendants Motion to Dismiss, Doc. 10, and
counsel should prepare accordingly.

Dated: November 21, 2012

BY THE COURT:
/s/ John L. Kane
SENIOR U.S. DISTRICT JUDGE