Armstrong Transport Group v. TR Toppers Inc.

Filing 91

MINUTE ORDER denying without prejudice 83 Renewed Motion for Default Judgment Against Third-Party Defendant New Life Limited. By Magistrate Judge Michael E. Hegarty on 11/22/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02821-MSK-MEH
ARMSTRONG TRANSPORT GROUP, INC.,
Plaintiff,
v.
TR TOPPERS, INC.,
Defendant/Third-Party Plaintiff,
v.
ARMAN TRANSPORT, LLC, and
NEW LIFE LIMITED,
Third-Party Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on November 22, 2013.
Third-Party Plaintiff TR Toppers, Inc.’s Renewed Motion for Default Judgment Against
Third-Party Defendant New Life Limited [filed September 17, 2013; docket #83] is denied without
prejudice for failure to comply with Fed. R. Civ. P. 5(a)(1)(D) and D.C. Colo. LCivR 5.1G. Rule
5(a)(1)(D) requires that a written motion filed with the Court must be served on every party. Local
Rule 5.1G requires, in pertinent part, that “[e]ach paper, other than one filed ex parte, shall be
accompanied by a certificate of service indicating the date it was served, the name and address of
the person to whom it was sent, and the manner of service.”
The Court has already advised TR Toppers that it must demonstrate service upon New Life
when it filed its original (later withdrawn) Motion for Default Judgment. (Docket #57.) The Court
again reminds TR Toppers of its obligation to demonstrate service upon all parties pursuant to the
federal and local rules.