Collins v. Arkansas Valley Community Center for the Handicapped and for Retarded Persons, Inc.

Filing 45

MINUTE ORDER denying without prejudice 43 Plaintiff's Motion to Enforce Full and Final Release, by Magistrate Judge Kristen L. Mix on 02/07/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-03094-MSK-KLM
CYNTHIA A. COLLINS,
Plaintiff,
v.
ARKANSAS VALLEY COMMUNITY CENTER FOR THE HANDICAPPED AND FOR
RETARDED PERSONS, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Enforce Full and Final
Release [Docket No. 43; Filed February 6, 2012] (the “Motion”). Plaintiff has failed to
comply with D.C.COLO.LCivR 7.1A., which provides as follows: “The 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.” In the Motion, counsel for Plaintiff states that she “provided Notice to counsel
regarding the filing of this motion, but have received no response.” On Friday, February
3, she gave notice to Defendant’s counsel that she would file this Motion if she did not
receive the settlement checks within three days. On Monday, February 6, Plaintiff’s
counsel filed this Motion. Counsel for Plaintiff thus waited just one business day for a
response to her message before filing the Motion. This does not amount to a “reasonable,
good faith effort” to confer. After contacting opposing counsel about a disputed matter,
counsel for the moving party is advised to wait at least three business days for a response
before filing a motion with the Court. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED without prejudice.

Dated: February 7, 2012