Chytka v. Wright Tree Service, Inc.

Filing 254

MINUTE ORDER: 251 Motion to the Court to Release Exhibit Evidence AND 252 Motion to the Court for the Defendant to Show Evidence are STRICKEN for failureto comply with Local Rule 7.1A. Defendant shall send to Plaintiff copies of allexhibits filed in support of its Motion for Summary Judgment [# 115 ], its Reply in support of its Motion for Summary Judgment [# 128 ], and its Motion to Dismiss for Failure to State a Claim for Failure to Exhaust Administrative Remedies [# 207 ]. Defendant shall file a certificate of service on the electronic docket within 10 business days certifying that it hascomplied with this order. By Magistrate Judge Kristen L. Mix on 7/12/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00968-REB-KLM
KATHLEEN CHYTKA,
Plaintiff,
v.
WRIGHT TREE SERVICE, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to the Court to Release
Exhibit Evidence [Docket No. 251; Filed July 9, 2013] and on Plaintiff’s Motion to the
Court for the Defendant to Show Evidence [Docket No. 252; Filed July 9, 2013]
(collectively, the “Motions”).1 As a preliminary matter, the Motions do not appear 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.
The moving party shall state in the motion, or in a certificate attached to the
motion, the specific efforts to comply with this rule.
As Plaintiff has been told many times before [#36, #42, #45, #52, #67, #73, #85, #89, #148,
#151, #170, #178, #184, #198, #202, #206, #219, #224, #233, #242], on this basis alone,
the Motions are subject to being stricken. Plaintiff is simply incorrect that Rule 7.1A. does
not apply to the present Motions. See [#251] at 13; [#252] at 14. Accordingly,
IT IS HEREBY ORDERED that the Motions [#251; #252] are STRICKEN for failure
to comply with Local Rule 7.1A.
However, as a courtesy to Plaintiff,
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The exceedingly lengthy titles of Plaintiff’s Motions will not be recited in full here.

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IT IS FURTHER ORDERED that Defendant shall send to Plaintiff copies of all
exhibits filed in support of its Motion for Summary Judgment [#115], its Reply in support of
its Motion for Summary Judgment [#128], and its Motion to Dismiss for Failure to State a
Claim for Failure to Exhaust Administrative Remedies [#207]. Defendant shall file a
certificate of service on the electronic docket within 10 business days certifying that it has
complied with this order.
Dated: July 12, 2013

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