Kforce Inc. v. Costa

Filing 24

ORDER. The Court will not consider plaintiff's 18 MOTION for Preliminary Injunction until such time as plaintiff complies with D.C.COLO.LCivR 7.1(A) and has satisfied the Court that it may exercise subject matter jurisdiction over this case. By Judge Philip A. Brimmer on 11/7/11. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02274-PAB-BNB
KFORCE INC.,
Plaintiff,
v.
EVERETT COSTA,
Defendant.

ORDER

This matter is before the Court on plaintiff’s motion for a preliminary injunction
[Docket No. 18] and defendant’s motion to dismiss for lack of subject matter jurisdiction
[Docket No. 21].
The Local Rules of this District state that a court “will not consider any motion . . .
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.” D.C.COLO.LCivR 7.1(A). In its motion,
plaintiff certifies that it “contacted Defendant’s counsel to notify Defendant that [plaintiff]
would seek the relief sought in this Motion.” Docket No. 18 at 2. It further stated that,
as of the filing of the motion, it “had not been able to ascertain Defendant’s position with
regard to this Motion.” Id. The Court cannot glean from this certification what, if any,
“specific efforts to comply with th[e] rule” were taken by plaintiff. D.C.COLO.LCivR
7.1(A).

In his motion, defendant contends that plaintiff has failed to adequately allege
facts in support of this Court’s exercise of subject matter jurisdiction. Absent an
assurance that jurisdiction exists, a court may not proceed in a case. See Cunningham
v. BHP Petroleum Great Britain PLC, 427 F.3d 1238, 1245 (10th Cir. 2005).
Therefore, it is
ORDERED that the Court will not consider plaintiff’s motion for preliminary
injunction [Docket No. 18] until such time as plaintiff complies with D.C.COLO.LCivR
7.1(A) and has satisfied the Court that it may exercise subject matter jurisdiction over
this case.

DATED November 7, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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