Fisher et al v. General Steel Domestic Sales, LLC et al

Filing 65

MINUTE ORDER striking 64 Plaintiff's Motion for District Court to Take Jurisdiction of Proceeding by Judge Wiley Y. Daniel on 03/11/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 10-cv-01509-WYD-BNB
DAVID B. FISHER;
BISON CONSTRUCTORS INC.; and
MARK YAKOWEC, on behalf of themselves and all other similarly situated persons
Plaintiffs,
v.
GENERAL STEEL DOMESTIC SALES, LLC d/b/a GENERAL STEEL CORPORATION,
a Colorado limited liability company;
JEFFREY KNIGHT;
NATHAN WRIGHT;
BRUCE GRAHAM;
LEE BASHORE;
STEVEN PAIGE;
JOHN VIVIAN;
JONAH GOLDMAN; and
WAYNE GASTON,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
Plaintiff’s Motion for District Court to Take Jurisdiction of Proceeding (ECF No.
64) is STRICKEN from the record for failure to comply with D.C.COLO.LCivR 7.1.A,
which states that “[t]he court will not consider any motion, other than a motion under
Fed. R. Civ. P. 12 or 56, unless counsel for the moving party or a pro se party, before
filing the motion, has conferred or made reasonable, good-faith efforts to confer with
opposing counsel or a pro se party to resolve the disputed matter.” Here, Plaintiff’s
counsel indicated that he sent opposing counsel a draft of the motion indicating that “he
would be happy to hear Defendants’ position by e-mail or telephone (but could not
participate extensively in a telephone conversation due to laryngitis). Opposing counsel
did not respond in any manner.” (Mot. at 1). I do not find this language to be sufficient
evidence of either a conferral or a good faith effort to confer as required by the Court’s
governing rules.

Dated: March 11, 2013

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