The original filings in the case including the City's motion to dismiss is contained in the following link:
A first trial management conference took place January 8 in Aspen Colorado. This led to an order to try a conference call with True Ballot Inc. in order to establish stipulated facts in lieu of testimony by True Ballot Inc. (the company which was retained by the City to tabulate the election.)
A second trial management conference took place in Glenwood Springs on Jan. 28. During that conference the Judge did not decide on the motion to dismiss. He ruled to allow a deposition of True Ballot Inc. The City of Aspen advised that it would file a motion for a protective order preventing the deposition. A further trial management conference was set for Feb. 18 and a tentative trial date was set for March 22 and 23. A ten page double space limit was set on filings regarding the motion for a protective order.
The transcript from the first case management conference with Judge Boyd in Aspen Colorado on Jan.8 2010 is here: http://aspenelectionreview.blogspot.com/2010/01/marks-v-koch-ballot-imagetransparency.html
Below the break is the transcript of the second conference with Judge Boyd in Glenwood Springs on Jan 28 2010.
[above is opinion based on the understanding of H. Branscomb]