In a response (PDF) released Aug. 29, 2013, James Holmes' defense attorneys objected to Fox News reporter Jana Winter's request to delay her appearance pursuant to a subpoena duces tecum which was issued to force her to identify the sources who told her that James Holmes sent a notebook to his psychiatrist Dr. Lynne Fenton. They cite many numbered factors in their objection.
The number two factor points out that Winter had previously claimed that any continuation of the subpoena would be a hardship.
The defense is clearly overwhelmed because factor nine merely states that Winter's assertion that a continuance wouldn't delay the trial is incorrect. The defense didn't even put in a rationale for why Winter was wrong. In number ten, the defense points out that the trial is slated for February 2014 and Winter wants a delay until January 20124, but they don't tie it to factor number nine.