Port-a-Pour, Inc. v. Peak Innovations, Inc. et al

Filing 22

MINUTE ENTRY for Evidentiary Hearing held on 6/25/2013 proceedings held before Judge Wiley Y. Daniel. Denying as moot 7 Motion for TRO. Set/Reset Deadlines: All Defendants. Written discovery, in the form of 10 interrogatories and 10 requests for production, shall be simultaneously served not later than Friday, August 23, 2013. Each side will be permitted to designate two individuals for depositions and one Rule 30(b)(6) deponent. A status conference before Magistrate Judge Boyd N. Boland is set for Tuesday, July 16, 2013, at 11:00 a.m., in Courtroom A-401. Court Reporter: Mary George. (Attachments: # 1 Court Exhibit 1) (wydcd, rrk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: June 25, 2013

Civil Action No: 13-cv-01511-WYD-BNB

Counsel:

PORT-A-POUR, INC.,

Daniel J. Culhane

Plaintiff,
v.
PEAK INNOVATIONS, INC., and
MARK E. NELSON,

Alan F. Blakley
John D. Root

Defendants.

COURTROOM MINUTES

MOTIONS HEARING
10:05 a.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.
Plaintiffs’ Motion for Temporary Restraining Order And/or Preliminary Injunction
and Certificate of Compliance with D.C.COLO.LCivR 7.1 [ECF Doc. No. 7], filed
June 18, 2013, is raised for argument.

10:06 a.m.

Argument by Defendants (Mr. Blakley).

10:10 a.m.

Argument by Plaintiff (Mr. Culhane).

10:15 a.m.

Argument by Defendants (Mr. Blakley).

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10:17 a.m.

Argument by Plaintiff (Mr. Culhane).

10:22 a.m.

Argument by Defendants (Mr. Blakley).

10:25 a.m.

Argument by Plaintiff (Mr. Culhane).

10:28 a.m.

Argument by Defendants (Mr. Blakley).

10:32 a.m.

Plaintiff’s witness Neil Oberg sworn.
Direct examination by Plaintiff (Mr. Culhane).
EX ID:
Court Exhibit 1

10:59 a.m.

Cross examination by Defendant (Mr. Root).
EX ID:
Court Exhibit 1, 11, 12, 8, 14

11:37 a.m.

Re-Direct examination by Plaintiff (Mr. Culhane).
EX ID:
11, 12

11:50 a.m.

Plaintiff’s witness Jerry Doherty sworn.
Direct examination by Plaintiff (Mr. Culhane).

12:12 p.m.

Court in Recess

12:29 p.m.

Court in Session

12:29 p.m.

Statement by Defendants regarding plan for discovery (Mr. Blakley).

12:34 p.m.

Off the record.
Bench conference off the record.

12:35 p.m.

Back on the record.

12:35 p.m.

Discussion regarding discovery on the request for preliminary injunction.

ORDERED:

Defendants’ shall file Answer or other responsive pleading not later than
Monday, August 19, 2013.

ORDERED:

Written discovery, in the form of 10 interrogatories and 10 requests for
production, shall be simultaneously served not later than Friday, August 23,
2013.

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ORDERED:

Each side will be permitted to designate two individuals for depositions and one
Rule 30(b)(6) deponent.

ORDERED:

All of the discovery is limited to information about existing products.

ORDERED:

A status conference before Magistrate Judge Boyd N. Boland is set for Tuesday,
July 16, 2013, at 11:00 a.m., in Courtroom A-401.

ORDERED:

Plaintiffs’ Motion for Temporary Restraining Order and/or Preliminary Injunction
[ECF Doc. No. 7], filed June 18, 2013, is DENIED WITHOUT PREJUDICE.

12:40 p.m.

Discussion regarding schedule for filing an amended motion for preliminary
injunction and briefing.

ORDERED:

Plaintiff shall file either an Amended Motion for Preliminary Injunction or status
report, indicating that Plaintiff does not intend to pursue injunctive relief, not later
than Friday, October 25, 2013.

ORDERED:

Defendants shall file a response to Plaintiff’s Amended Motion for Preliminary
Injunction not later than Friday, November 8, 2013.

12:45 p.m.

Court in Recess - HEARING CONCLUDED.

CLERK’S NOTE:

EXHIBITS WERE RETURNED TO COUNSEL AT THE CONCLUSION
OF THE HEARING.

TOTAL TIME: 2:23

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