United States of America v. Welch et al
Filing
82
MINUTE ORDER denying without prejudice and striking 73 Petition to Dismiss and Response to Motion for Summary Judgment by Magistrate Judge Kristen L. Mix on 12/10/12.(dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02292-CMA-KLM
USA,
Plaintiff,
v.
JAMES D. WELCH, individually and as Executive Trustee of Celestial Pursuits Trust,
AMRA WELCH, as nominee/alter ego of James D. Welch, and
CIT GROUP/EQUIPMENT FINANCING, INC.,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Petition to Dismiss and Response
to Motion for Summary Judgment [Docket No. 73; Filed November 20, 2012] (the
“Motion”). Defendants seek dismissal of the United States’ case against them and
simultaneously respond to the United States’ pending Motion for Summary Judgment
Against Jim D. Welch and Amra Welch [#63].
Defendants’ filing is improper for two reasons. First, the Local Rules state that, “A
motion shall not be included in a response or reply to the original motion. A motion shall
be made in a separate paper.” D.C.COLO.LCivR 7.1C. The Motion is subject to denial on
this basis alone.
Further, however, the Dispositive Motions Deadline passed on October 5, 2012
[#27]. Defendants later sought leave and were granted an extension of time to file a
Response to the United States’ dispositive motion [#63]. See Minute Order [#71].
However, Defendants never sought leave of the Court to amend the Scheduling Order to
extend the Dispositive Motions Deadline so they could file a dispositive motion after
October 5, 2012. See Motion for Extension of Time [#69]. Accordingly,
IT IS HEREBY ORDERED that the Motion [#73] is DENIED without prejudice.
IT IS FURTHER ORDERED that the Motion [#73], as well as the Response
contained therein, is STRICKEN from the electronic docket.
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IT IS FURTHER ORDERED that Defendants may file a Response to the United
States’ Motion for Summary Judgment Against Jim D. Welch and Amra Welch [#63] on or
before December 28, 2012. Absent a showing of exceptional cause, no further
extension of time will be granted.
Dated: December 10, 2012
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