Parker Excavating, Inc. v. LaFarge West, Inc. et al

Filing 176

MINUTE ORDER denying without prejudice 173 Motion to Excuse the Attendance of Defendants Randall and Schmidt from the February 9, 2016 Settlement Conference, by Magistrate Judge Michael E. Hegarty on 1/27/2016.(slibi, ) Modified on 1/27/2016 to edit magistrate judge (slibi, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01534-LTB-MJW
PARKER EXCAVATING, INC., a Colorado Corporation,
Plaintiff,
v.
LAFARGE WEST, INC.,
MARTIN MARIETTA MATERIALS, INC.,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
NICK GUERRA,
ALF RANDALL, and
ROBERT SCHMIDT,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 27, 2016.
The Motion to Excuse the Attendance of Defendants Randall and Schmidt from the February
9, 2016 Settlement Conference [filed January 26, 2016; docket #173] is denied without prejudice
for failure to comply with D.C. Colo. LCivR 7.1(a), which states,
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 does not fall under any exception listed in D.C. Colo. LCivR 7.1(b). The Court reminds
the parties of their continuing obligations to comply fully with D.C. Colo. LCivR 7.1(a). See
Hoelzel v. First Select Corp., 214 F.R.D. 634, 636 (D. Colo. 2003) (because Rule 7.1(a) requires
meaningful negotiations by the parties, the rule is not satisfied by one party sending the other party
a single email, letter or voicemail).