Allen & Vellone, P.C. et al v. Pino et al

Filing 42

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, )

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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 2

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