Hines v. Penrad Imaging, LLC
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/12/14. Motion to Amend Answer 14 is DENIED without prejudice.(lgale)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00996-KLM
PENRAD IMAGING, LLC,
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Amend Answer [#14] (the
IT IS HEREBY ORDERED that the Motion [#14] is DENIED without prejudice for
Defendant’s failure to comply fully with D.C.COLO.LCivR 7.1(a). Defendant provides
insufficient information regarding its efforts to confer prior to filing the Motion. See Hoelzel
v. First Select Corp., 214 F.R.D. 634, 635-36 (D. Colo. 2003) (stating that Rule 7.1(a)
requires “meaningful negotiations” by the parties; “[t]he rule is not satisfied by one party
sending a single e-mail[, letter, or voice message] to another party”). Although Defendant’s
counsel states that he attempted to contact Plaintiff’s counsel twice with respect to the
Motion, it is unclear when and how Defendant’s counsel attempted to contact Plaintiff’s
counsel, and it is unclear how long Defendant’s counsel waited for a response before filing
the present Motion. The information presented does not permit the Court to find that
Defendant’s counsel’s attempts to contact Plaintiff’s counsel amounted to a “reasonable,
good faith effort” to confer. After contacting opposing counsel about a disputed matter,
counsel for the moving party is advised to wait at least three business days for a
response before filing a motion with the Court.
The Motion is further subject to denial for Defendant’s failure to comply with
D.C.COLO.LCivR 10.1(e), which prescribes that motions shall be double spaced.
Dated: June 12, 2014
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?