Georgacarakos v. Wiley et al

Filing 603

MINUTE ORDER denying without prejudice 597 Plaintiff's Motion for Rule 11 Sanctions, which has been construed by the District Court as a motion pursuant to Fed.R.Civ.P. 37 for failure to comply with Fed.R.Civ.P. 37(a), by Magistrate Judge Michael E. Hegarty on 03/31/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01712-MSK-MEH PETER GEORGACARAKOS, Plaintiff, v. WILEY, et al., Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on March 31, 2009. Plaintiff's Motion for Rule 11 Sanctions [filed March 30, 2009; docket #597], which has been construed by the District Court as a motion pursuant to Fed. R. Civ. P. 37, is denied without prejudice for failure to comply with Fed. R. Civ. P. 37(a) ("[t]he motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action"). The Court also notes that Plaintiff recently filed a Motion to Compel Discovery pursuant to Rule 37 [docket #583; filed March 23, 2009], which remains pending awaiting briefing by the parties.