Rapp v. Hoffman et al

Filing 42

ORDER by Magistrate Judge Boyd N. Boland on 3/17/14. Plaintiff's Motion for Default Judgment Pursuant to Fed. R. Civ. P. 37(b) and (c) 37 is DENIED without prejudice for failure to comply with the requirements of D.C.COLO.LCivR 7.1(a). (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00908-RM-BNB
Dr. DORIS RAPP,
Plaintiff,
v.
KARIN HOFFMAN, and
TENDRIL PRESS, LLC
Defendants,
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on plaintiff’s Motion for Default Judgment Pursuant to Fed. R. Civ. P.
37(b) and (c) [Doc. # 37, filed 11/4/2013] (the “Motion”).1
Local rule of practice 7.1(a), D.C.COLO.LCivR, provides that with four exceptions, none
of which are applicable here:
Before filing a motion, counsel for the moving party or an
unrepresented party shall confer or make reasonable good faith
efforts to confer with any opposing counsel or unrepresented party
to resolve any disputed matter. The moving party shall describe in
the motion, or in a certificate attached to the motion, the specific
efforts to fulfill this duty.
Plaintiff’s counsel apparently is familiar with the requirements of Rule 7.1(a) but, rather
than comply, certified:
Plaintiff’s counsel has not discussed the grounds for this motion
and the relief requested with Defendant Hoffman. Counsel

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The Motion was referred to me for recommendation on March 14, 2014. Memorandum
[Doc. # 41].

believes Hoffman opposes the relief requested herein and that any
attempt to discuss the motion would be futile.
Motion [Doc. # 37] at p. 1. It is not apparent why plaintiff’s counsel would choose to ignore
rather than comply with this requirement.
The Motion was served on November 4, 2013. Pursuant to D.C.COLO.LCivR 7.1(d) and
Fed. R. Civ. P. 6, Ms. Hoffman had until November 29, 2013, to respond. No response has been
received. Although Ms. Hoffman may proceed pro se, she personally is responsible for
complying with all court orders and time limitations established by applicable statutes and rules.
IT IS ORDERED that the Motion [Doc. # 37] is DENIED without prejudice for failure to
comply with the requirements of D.C.COLO.LCivR 7.1(a).
Dated March 17, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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