Four Winds Interactive LLC v. Activision TV, Inc.

Filing 46

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motion Hearing held on 2/25/2014, granting 13 Four Winds Interactive LLC's Motion for Consolidation, and denying without prejudice [27 ] Defendant Activision TV, Inc.'s Motion to Stay Discovery Pending Motion to Dismiss. A hearing on 20 Defendant Activision TV, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint is set for 3/3/2014 at 2:00 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. As to case number 13-cv-02332-RM-MEH, Four Winds Interactive LLC's Motion to Intervene, or in the Alternative, Motion to Consolidate (Doc. 24, filed 11/26/13) is DENIED as moot. FTR: C. Pearson -- Courtroom A-501. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE MICHAEL E. HEGARTY Civil Action No. 13-cv-02684-RM-MEH Courtroom Deputy: Cathy Pearson Date: February 25, 2014 FTR B Courtroom A501 FOUR WINDS INTERACTIVE LLC, Evan Rothstein Plaintiff, vs. ACTIVISION TV, INC., Darren Schwiebert David Swenson (by phone) Defendants. COURTROOM MINUTES/MINUTE ORDER TELEPHONIC MOTION HEARING Court in session: 2:00 p.m. Court calls case. Appearances of counsel. Present with Mr. Rothstein is Jenny Brook and David Levin. Argument and discussion regarding Defendant Activision TV, Inc.’s Motion to Stay Discovery Pending Motion to Dismiss (Doc. 27, filed 1/9/14) and Four Winds Interactive LLC’s Motion for Consolidation (Doc. 13, filed 11/26/13). ORDERED: 1. Four Winds Interactive LLC’s Motion for Consolidation (Doc. 13, filed 11/26/13) is GRANTED as stated on the record. Case numbers 13-cv-02332-RM-MEH and 13-cv-02684-RM-MEH will be consolidated for all purposes. 2. Defendant Activision TV, Inc.’s Motion to Stay Discovery Pending Motion to Dismiss (Doc. 27, filed 1/9/14) is DENIED without prejudice as stated on the record, pending the ruling on the motion to dismiss. Discussion held regarding case number 13-cv-02332-RM-MEH, which is part of the motion to consolidate in this case, Four Winds Interactive LLC’s Motion to Intervene, or in the Alternative, Motion to Consolidate (Doc. 24, filed 11/26/13), and extending the deadline for disclosing invalidity contentions. ORDERED: Case number 13-cv-02332-RM-MEH, Four Winds Interactive LLC’s Motion to Intervene, or in the Alternative, Motion to Consolidate (Doc. 24, filed 11/26/13) is DENIED as moot. Discussion held regarding setting a hearing on Defendant Activision TV, Inc.’s Motion to Dismiss Plaintiff’s Complaint for Declaratory Judgment (Doc. 15, filed 12/2/13). ORDERED: The Court will hear oral argument on Defendant Activision TV, Inc.’s Motion to Dismiss Plaintiff’s First Amended Complaint (Doc. 20, filed 12/18/13) on March 3, 2014, at 2:00 p.m. Court in recess: 3:37 p.m. (Hearing concluded) Total time in court: 1:37 To obtain a transcript of this hearing, please contact Avery Woods Reporting at (303)825-6119.

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