Allen & Vellone, P.C. et al v. Pino et al
Filing
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ORDER : The Motion to Reply 37 is GRANTED; and The Motion for Sanctions 32 is DENIED without prejudice as premature. by Magistrate Judge Boyd N. Boland on 1/16/2014. (trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02002-RM-BNB
ALLEN & VELLONE, P.C., and
STRAUS & BOIES, LLP.,
Plaintiffs,
v.
LAURENCE J. PINO,
ENVERGENT CORPORATION, and
JOHN DOE CORPORATION,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)
Defendant Pino’s Motion for Sanctions for Violation of Rule 11 [Doc. # 32,
filed 12/9/2013] (the “Motion for Sanctions”); and
(2)
Defendant Pino’s Motion for Leave to File Reply [Doc. # 37, filed 1/13/2014]
(the “Motion to Reply”).
The parties appeared this morning for a hearing on the motions. The Motion for
Sanctions argues principally that the plaintiffs violated Rule 11 because “[t]he Amended
Complaint alleges virtually no facts sufficient to support a reasonable inference that Pino
engaged in conduct that subjects him to the jurisdiction of the Colorado courts.” Motion for
Sanctions [Doc. # 32] at p. 6. That also is the basis for Mr. Pino’s Motion to Dismiss for Lack of
Personal Jurisdiction [Doc. # 10], which is pending before the district judge and set for hearing
before him this afternoon. Minute Order [Doc. # 35]. The Motion for Sanctions and the Motion
to Dismiss are intertwined, and I would not presume to anticipate the district judge’s ruling.
Consequently, the Motion for Sanctions is premature until there is a ruling on the Motion to
Dismiss.
IT IS ORDERED:
(1)
The Motion to Reply [Doc. # 37] is GRANTED; and
(2)
The Motion for Sanctions [Doc. # 32] is DENIED without prejudice as premature.
Dated January 16, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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