Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01769-MSK-CBS

Document 216

Filed 10/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:04-cv-01769-MSK-CBS A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, v. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants.

ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, ERCHONIA MEDICAL, INC., an Arizona corporation, Counter-Claimants and Third-Party Plaintiffs, v. A MAJOR DIFFERENCE, INC., a Colorado corporation, ROBERT E. MORONEY, an individual, ROBERT E. MORONEY, L.L.C., a Colorado limited liability company, MIKI SMITH, an individual, KMS MARKETING, INC., a Colorado corporation, and STARGATE INTERNATIONAL, INC., a Colorado corporation, Counter-Defendants and Third-Party Defendants.

STIPULATED MOTION FOR LEAVE TO CONVENTIONALLY FILE PAPER COPIES OF DEPOSITION DESIGNATIONS

Plaintiff A Major Difference, Inc. and Third Party Defendants Robert E. Moroney, Robert E. Moroney, LLC, Miki Smith, KMS Marketing, Inc. and Stargate International, Inc. (collectively "AMD") and Defendants Erchonia Medical, Inc., Erchonia Medical Lasers, LLC and Erchonia Patent

Case 1:04-cv-01769-MSK-CBS

Document 216

Filed 10/16/2006

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Holdings, LLC (collectively "Erchonia") have designated portions of the transcripts from the October 6, 2005 Deposition of Sandra Etherton, October 10, 2005 Deposition of Paul Lin, and September 22, 2005 Deposition of Mike Robinson to be used at trial in this matter. Portions of the Lin and Robinson depositions are to be presented as evidence during the invalidity/infringement trial, while portions of the Etherton deposition are to be presented as evidence during the unenforceability trial. AMD has highlighted testimony it wishes to present in yellow, while Erchonia has highlighted testimony it would like to present in blue on the transcripts. AMD thereafter highlighted rebuttal testimony in green. As the Court will appreciate, the transcripts of these depositions are lengthy and, due to the highlighting, are in color. As a result, it does not appear to the parties to be prudent to electronically file the transcripts. Accordingly, the transcripts are not attached to this filing. Rather, AMD and Erchonia jointly request leave to conventionally file the highlighted copies of the transcripts with the Court at the January 5, 2007 Final Pretrial Conference. WHEREFORE, the parties respectfully jointly request leave to conventionally submit the highlighted copies of the transcripts at the Final Pretrial Conference scheduled for January 5, 2007.

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Case 1:04-cv-01769-MSK-CBS

Document 216

Filed 10/16/2006

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A proposed Order is attached for the Court's convenience. Respectfully submitted this 16th day of October, 2006.

s/ Robert R. Brunelli Robert R. Brunelli Benjamin B. Lieb Scott R. Bialecki Paul S. Cha SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202 (303) 863-9700 Attorneys for Plaintiff, Counter-Defendants and Third-Party Defendants

s/ John R. Mann John R. Mann Charles R. Ledbetter Valerie A. Garcia KENNEDY CHILDS & FOGG, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80265 (303) 825-2700 Richard L. Gabriel David O. Seeley HOLME ROBERTS & OWEN LLP 1700 Lincoln Street, Suite 400 D.C. Box No. 07 Denver, Colorado 80203 (303) 861-7000 Ira Schwartz
DeCONCINI McDONALD YETW IN & LACY, P.C.

7310 N. 16th Street, Suite 330 Phoenix, Arizona 85020 (602) 282-0500 Attorneys for Defendants, Counterclaimants and Third-Party Plaintiffs

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