Rist v. Department of Veterans Affairs

Filing 94

MINUTE ORDER denying without prejudice 91 the Stipulated Motion to Dismiss, by Magistrate Judge Michael E. Hegarty on 11/17/2010. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02884-CMA-MEH WILLIAM J. RIST, Plaintiff, v. DEPARTMENT OF VETERANS AFFAIRS, EASTERN COLORADO HCS, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on November 17, 2010. The Stipulated Motion to Dismiss [filed November 12, 2010; docket #91] is denied without prejudice. Neither of the parties signed the motion,1 which is in contravention of Fed. R. Civ. P. 11 ("[e]very pleading, written motion, and other paper must be signed by at least one attorney or record in the attorney's name ­ or by a party personally if the party is unrepresented."). The Plaintiff signed the certificate of service attached to the motion, which merely certifies that he served the motion in compliance with Fed. R. Civ. P. 5(d). 1

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