Shinn, et al v. Melberg

Filing 67

ORDER striking 64 Plaintiffs' Supplemental Pleading #1, by Judge Lewis T. Babcock on 12/9/2013. (eseam)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Action No. 12-cv-01180-LTB-BNB MICHAEL SHINN & JENNIFER SHINN Plaintiffs, v. MARK W. MELBERG, M.D. Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Plaintiffs, Michael Shinn & Jennifer Shinn, have filed a pleading entitled “Supplemental Pleading #1.” [Doc # 64] It is unclear, however, as to the purpose of this pleading, or the relief sought therein. It appears that Plaintiffs are seeking leave to amend their complaint in this case, pursuant to Fed. R. Civ. P. 15, to reinstate previously dismissed claims. However, Plaintiffs do not specifically seek such relief, and the pleading filed does not comport with D.C.Colo.LCiv. 15.1 – which requires that a redlined proposed amended complaint is provided. In addition, Plaintiffs did not confer with Defendant, Mark W. Melberg, M.D., prior to the filing of this “motion” and, as such, I strike the pleading for failure to comply with D.C.Colo.LCiv. 7.1(a), which requires counsel for the moving party to confer or make reasonable, good-faith efforts to confer with opposing counsel to resolve the disputed matter, before filing the motion, and to state in the motion, or in a certificate attached to the motion, the specific efforts to comply with this rule. ACCORDINGLY, I STRIKE the pleading filed by Plaintiffs on December 2, 2013, entitled “Supplemental Pleading #1.” [Doc # 64] Dated: December 9 , 2013 in Denver, Colorado. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?