Keith v. HCA-HealthOne LLC

Filing 19

MINUTE ORDER Denying Without Prejudice 17 Plaintiffs Motion for Leave to Filed Amended Complaint and Jury Demand, by Magistrate Judge Kristen L. Mix on 5/22/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01182-WYD-KLM
SEAN KEITH,
Plaintiff,
v.
HCA-HEALTHONE, LLC, doing business as Rose Medical Center,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Leave to Filed Amended
Complaint and Jury Demand [#17] (the “Motion”).
IT IS HEREBY ORDERED that the Motion [#17] is DENIED without prejudice.
Plaintiff has failed to comply with D.C.COLO.LCivR 7.1(a), which provides as follows:
Before filing a motion, counsel for the moving party or an unrepresented
party shall confer or make reasonable good faith efforts to confer with any
opposing counsel or unrepresented party to resolve any disputed matter.
The moving party shall describe in the motion, or in a certificate attached to
the motion, the specific efforts to fulfill this duty.
The Motion may be denied on this basis alone. In the Motion, counsel for Plaintiff provides
insufficient information regarding his efforts to comply. See Hoelzel v. First Select Corp.,
214 F.R.D. 634, 635-36 (D. Colo. 2003) (Rule 7.1A 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”). Here, Plaintiff merely states that “the undersigned has
attempted to confer with counsel for Defendant with respect to this Motion via e-mail.
However, counsel for Defendant has not yet responded to the undersigned’s attempt to
confer, and so the undersigned is unaware of Defendant’s position on the Motion.” Motion
[#17] at 3. There is no indication of when the e-mail was sent or how long Plaintiff waited
for a response from Defendant’s counsel. Plaintiff therefore has not demonstrated that he
has engaged in 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.
Dated: May 22, 2015