Cook v. Vinyard et al

Filing 44

MINUTE ORDER denying without prejudice 43 Plaintiff's Motion to Enforce Settlement Agreement. Status Conference set for 9/7/2012 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 9/4/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01541-MEH
SUSAN M. COOK, on behalf of herself and all similarly situated persons,
Plaintiff,
v.
JEFFREY VINYARD, an individual, and
4SR SPIFF, INC., d/b/a The Cleaning Authority Denver South, a Colorado corporation,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on September 4, 2012.
Plaintiff’s Motion to Enforce Settlement Agreement [filed August 22, 2012; docket #43] is
denied without prejudice for failure to comply with D.C. Colo. LCivR 7.1A. The Court reminds
the parties that it “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.” D.C. Colo. LCivR 7.1A. It
is the responsibility of the moving party to “state in the motion, or in a certificate attached to the
motion, the specific efforts to comply with this rule...” Id. (emphasis added). Plaintiff’s bare
assertion that “Defendants have not responded to []counsel’s request for their position on the
Motion” does not persuade the Court that counsel made a good faith effort to confer prior filing the
present motion.
In light of apparent difficulties regarding the pending settlement, counsel for the parties are
directed to appear before the Court for a Status Conference on September 7, 2012, at 10:00 a.m.
in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th
Street, Denver, Colorado. If counsel choose to do so, they may appear telephonically at the hearing
by first conferencing together, then calling my Chambers at [phone] at the appointed time.
Please remember that anyone seeking entry into the Alfred A. Arraj United States
Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B.
The Parties shall come prepared to discuss the Joint Motion to Approve Collective Action
Settlement [docket #31].