Glapion v. Donovan

Filing 75

MINUTE ORDER denying 70 Motion to Compel Compliance to Enforce Subpoena; denying 70 Motion for Contempt Non-party Witness, Gary Mongelli; denying 70 Motion for Sanctions for Contempt; denying 73 Amended Motion for Contempt Sanctions and/or to Compel Compliance by Magistrate Judge Michael E. Hegarty on 12/30/2014.(mdave)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01699-MEH
MELEAHA R. GLAPION,
Plaintiff,
v.
JULIAN CASTRO, Secretary, U.S. Department of Housing and Urban Development,
Defendant.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 30, 2014.
In light of Plaintiff’s filing an Amended Motion for Contempt Sanctions and/or to Compel
Compliance Under Federal Rules [sic] of Civil Procedure 45 [docket #73], Plaintiff’s initial Motion
for Contempt and/or to Compel Compliance under Federal Rules of Civil Procedure 45 [filed
December 26, 2014; docket #70] is denied as moot. Additionally, the Amended Motion [filed
December 26, 2014; docket #73] is denied without prejudice with leave to re-file 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.
Plaintiff states that she conferred with the non-party witness whom she seeks to enforce a subpoena
against, but she does not state that she conferred with Defendant or his counsel prior to filing the
motion.