Lentz v. Amica Mutual Insurance Company

Filing 17

MINUTE ORDER denying without prejudice 15 Plaintiff's Motion for Leave to File Amended Complaint, by Magistrate Judge Michael E. Hegarty on 2/19/2013. (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02537-PAB-MEH JUSTIN LENTZ, Plaintiff, v. AMICA MUTUAL INSURANCE COMPANY, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on February 19, 2013. Plaintiff’s Motion for Leave to File Amended Complaint [filed February 12, 2013; docket #15] is denied without prejudice for failure to comply fully with D.C. Colo. LCivR 7.1A. The Court reminds the parties that it “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. ” D.C. Colo. LCivR 7.1A. It is the responsibility of the moving party to “state in the motion, or in a certificate attached to the motion, the specific efforts to comply with this rule. . .” Id. (emphasis added). The pending Motion states only that Plaintiff’s counsel “attempted to confer with counsel for Defendant, but ha[d] not received a response from defense counsel prior to the filing of the motion.” This description is insufficient for the Court determine whether or not Plaintiff’s counsel made a goodfaith effort to obtain Defendant’s position prior to seeking relief from the Court.

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