King v. Gordon Trucking, Inc. et al

Filing 43

MINUTE ORDER denying without prejudice 42 Motion to Reopen Discovery. By Magistrate Judge Kristen L. Mix on 10/7/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02545-KLM
SAMMY KING,
Plaintiff,
v.
GORDON TRUCKING, INC., and
SARAH GRAHAM,
Defendants.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Reopen Discovery [Docket
No. 42; Filed October 1, 2013] (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. Further, the Court notes that Plaintiff
contends that discovery should be reopened, in part, because “Plaintiffs [sic] wrongly
operated under the belief that liability would be admitted in this case, and so no discovery
was necessary on the issue.” Motion [#423] at 2. Plaintiff’s erroneous belief does not
amount to the diligence required by a party in pursuing discovery. Accordingly,
IT IS HEREBY ORDERED that the Motion [#42] is DENIED without pejudice.
Dated: October 7, 2013