Free Response to Motion - District Court of Colorado - Colorado

Case 1:02-cv-01662-RPM

Document 278-6

Filed 08/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-M-1662 (MJW) ROBERT HUNTSMAN, et al., Plaintiffs, and NOVA GROUP, INC. d/b/a/ TRILOGY STUDIOS, INC., et al., Counterclaim Defendants, v. STEVEN SODERBERGH, et al., Defendants and Counterclaimants, and THE DIRECTORS GUILD OF AMERICA, Defendant-in-Intervention and Counterclaimant-in-Intervention. ________________________________________________________________________ (PROPOSED) ORDER DENYING DEFENDANT STUDIOS' MOTION FOR SUMMARY JUDGMENT ________________________________________________________________________

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Case 1:02-cv-01662-RPM

Document 278-6

Filed 08/22/2005

Page 2 of 3

THIS MATTER came on Defendant Studios' Motion for Summary Judgment, the Court having reviewed the pleadings filed with respect to that motion, including the Counterclaim Defendant CleanFilms, Inc.'s Response, as well as other parties' responses (if any), and the Defendant Studios' Reply (if any), along with the declarations and exhibits submitted in support of those pleadings, and the files on record with this Court, and otherwise being fully advised in the premises, It is hereby ORDERED that: 1. Defendant Studios' Motion for Summary Judgment is DENIED in its entirety; It is hereby further ORDERED that: 2. Defendant Studios' Motion for Summary Judgment against CleanFilms, Inc.'s "other affirmative defenses," including laches, waiver and estoppel is DENIED. It is hereby further ORDERED that: 3. Defendant Studios' Motion for Permanent Injunction against CleanFilms, Inc. is DENIED.

DATED this ______ day of ______________________ 2005.

Judge Richard P. Matsch

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Case 1:02-cv-01662-RPM

Document 278-6

Filed 08/22/2005

Page 3 of 3

Presented by: _s/H. Troy Romero_________ H. Troy Romero, WSBA #19044 ROMERO MONTAGUE P.S. 155 ­ 108th Avenue NE, Suite 202 Bellevue, WA 98004 (425) 450-5000 (425) 450-0728 facsimile E-mail: [email protected] _s/Michael E. Wiggins_________ Michael E. Wiggins, WSBA #31921 ROMERO MONTAGUE P.S. 155 ­ 108th Avenue NE, Suite 202 Bellevue, WA 98004 (425) 450-5000 (425) 450-0728 facsimile E-mail: [email protected] ATTORNEYS FOR COUNTERCLAIM DEFENDANT CLEANFILMS, INC.

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