Hildebrand v. City of Boulder

Filing 53

MINUTE ORDER denying without prejudice 52 Motion to Dismiss the City of Boulder from this Case. By Judge Robert E. Blackburn on 2/9/215.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03344-REB-MEH
(Consolidated with 14-cv-00425-REB-MEH)
DAVID L. HILDEBRAND,
Plaintiff/Counter Defendant,
v.
CITY OF BOULDER,
Defendant, and
MONROE TRUCK EQUIPMENT,
Defendant/Counter Claimant.
MINUTE ORDER1
Blackburn, J.
This matter is before me on the Plaintiff’s Motion To Dismiss the City of Boulder
From This Case [#52]2 filed February 6, 2015. The motion is denied without prejudice.
The plaintiff indicates in his motion that he and the City of Boulder have reached a
settlement. However, the plaintiff does not provide in the motion a statement or certificate
concerning his effort to confer with defendant the City of Boulder concerning the motion, as
required by D.C.COLO.LCivR 7.1(a). Presumably, the City of Boulder does not object to
the motion, but I may not rely on this presumption. Rather, the plaintiff must file a motion
which includes a statement or certificate, as required by D.C.COLO.LCivR 7.1(a).
After reviewing the motion, the file, and the record, it is
ORDERED that the Plaintiff’s Motion To Dismiss the City of Boulder From This
Case [#52] filed February 6, 2015, is DENIED without prejudice.

Dated: February 9, 2015.

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2

“[#52]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.