Fiechtner v. American Family Mutual Insurance Company

Filing 123

MINUTE ORDER denying without prejudice 116 Plaintiff's Motion to Compel Complete Claim File (sealed document 113), by Magistrate Judge Michael E. Hegarty on 11/1/2010. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02681-REB-MEH DAWNMARIE FIECHTNER, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on November 1, 2010. Plaintiff's Motion to Compel Complete Claim File [filed October 27, 2010; docket #113(sealed)] is denied without prejudice for failure to fully comply with D.C. Colo. LCivR 7.1A and Fed. R. Civ. P. 37(a)(1). Plaintiff represents that she "attempted to confer . . . through written correspondence dated September 22, 2010. To date, no response has been received from Defendant." (Docket #113 at 1.) However, because Rule 7.1A requires meaningful negotiations by the parties, the rule is not satisfied by one party sending the other party a single email, letter or voicemail. See Hoelzel v. First Select Corp., 214 F.R.D. 634, 636 (D. Colo. 2003). The Court believes denial without prejudice of this motion is further warranted given the time between attempting to confer and the filing of a motion (a little over one month) and in consideration of the substantial sanctions requested by Plaintiff, including an adverse jury instruction.