Colorado Casualty Insurance Company v. S&S Joint Venture et al

Filing 42

MINUTE ORDER granting 40 Motion to Withdraw Christian J. Schmidt as Counsel, by Magistrate Judge Kristen L. Mix on 05/21/2012.(wjcsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02182-MSK-KLM
COLORADO CASUALTY INSURANCE COMPANY,
Plaintiff,
v.
S&S JOINT VENTURE,
WHITE RIVER VILLAGE, LLP, and
WHITE RIVER TOWNHOMES, LLC,
Defendants.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
Interested Party.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants White River Village, LLP and White
River Townhomes, LLC’s Motion to Withdraw Christian J. Schmidt as Counsel [Docket
No. 40; Filed May 16, 2012] (the “Motion”). As an initial matter, the Motion does not 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.
The Motion is subject to denial on this basis alone. Nevertheless, in the interest of
expedience,
IT IS HEREBY ORDERED that the Motion [#40] is GRANTED. Attorney Christian
J. Schmidt (“Schmidt”) is relieved of any further representation of Defendants White River
Village, LLP and White River Townhomes, LLC in this case. The Clerk of the Court is
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instructed to terminate Attorney Schmidt as counsel of record, and to remove his name
from the electronic certificate of mailing. Defendants White River Village, LLP and White
River Townhomes, LLC shall continue to be represented by Attorney Wade Warthen and
Attorney Mark Nelson.
Dated: May 21, 2012

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