Evans v. Central Intelligence Agency

Filing 36

MINUTE ORDER denying without prejudice 34 Motion for Leave to File First Amended Complaint Pursuant to Freedom of Information Act, and Rule 7.1(a). Certification. By Magistrate Judge Kristen L. Mix on 2/13/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02544-MSK-KLM
KEVIN D. EVANS,
Plaintiff,
v.
CENTRAL INTELLIGENCE AGENCY,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to File First
Amended Complaint Pursuant to Freedom of Information Act, and Rule 7.1(a)
Certification [#34] (the “Motion”).
IT IS HEREBY ORDERED that the Motion [#34] is DENIED without prejudice for
Plaintiff’s failure to comply fully with D.C.COLO.LCivR 7.1(a). Plaintiff provides insufficient
information regarding his efforts to comply. See Hoelzel v. First Select Corp., 214 F.R.D.
634, 635-36 (D. Colo. 2003) (stating that Rule 7.1(a) requires “meaningful negotiations” by
the parties; “[t]he rule is not satisfied by one party sending a single e-mail [, letter, or voice
message] to another party”). Here, Plaintiff merely states that he “requested the CIA’s
position with respect to this Motion, and the CIA did not respond.” Motion [#34] at 3. This
statement does not inform the Court that a “reasonable, good faith effort” to confer
occurred. After contacting opposing counsel about a disputed matter, the moving party is
advised to wait at least three business days for a response before filing a motion with the
Court.
Dated: February 13, 2014