Crown Energy, Inc. v. OCS American Capital, Ltd.

Filing 32

MINUTE ORDER denying without prejudice 30 Corrected Motion to Dismiss. By Magistrate Judge Kathleen M. Tafoya on 4/4/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13BcvB02076BMSKBKMT

CROWN ENERGY, INC., a Colorado corporation,
Plaintiff,
v.
OCS AMERICAN CAPITAL, LTD., a New Mexico limited liability company,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Defendant’s “Corrected Motion to Dismiss” (Doc. No. 30, filed Apr. 2, 2014) is DENIED
without prejudice. Under the circumstances presented, where Defendant’s fully-briefed Motion
to Dismiss has been pending for nearly six months (see Doc. No. 11, filed Oct. 10, 2013), the
court declines to allow Defendant to unilaterally file a Corrected Motion to Dismiss. Instead,
the court will require that Defendant seek leave of court to substitute its Corrected Motion to
Dismiss for its previously-filed Motion to Dismiss. Defendant shall comply with
D.C.COLO.LCivR 7.1(a)’s duty to confer prior to seeking leave to file a substituted motion to
dismiss.
In addition, Chief Judge Marcia S. Krieger’s Practice Standards requires that the counsel confer
prior to the filing of a Rule 12(b)(6) motion to dismiss to determine whether the deficiencies to
be raised in the Rule 12(b)(6) motion can be corrected by amendment. See MSK Civ. Practice
Standard V.I.2.c. The court finds that the parties’ conferral regarding Defendant’s prior Motion
to Dismiss does not discharge this duty with respect to the Corrected Motion to Dismiss.
Dated: April 4, 2014