Gabriel v. Peak Vista Health Center, et al

Filing 38

MINUTE ORDER; Plaintiff's 35 Motion to Seek Return of Providers Medical Condition Letters After Case Adjudication and until then Plaintiff Requests that the Documents be Placed under Restriction Pursuant to (D.C.COLO.LCivR 7.2 and D.C.COLO.LCivR 7.1(a)) is DENIED, by Magistrate Judge Kathleen M. Tafoya on 7/6/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–03022–KMT
VINCENT GABRIEL,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion to Seek Return of Providers’ Medical Condition Letters After Case
Adjudication and until then Plaintiff Requests that the Documents be Placed under Restriction
Pursuant to (D.C.COLO.LCivR 7.2 and D.C.COLO.LCivR 7.1(a))” (Doc. No. 35, filed July 2,
2015) is DENIED without prejudice for failure to comply with Local Rule 7.1(a)’s duty to
confer and for failure to fully address the factors outlined in Local Rule 7.2(c).
D.C.COLO.LCivR 7.1(a) (“Before filing a motion, . . . an unrepresented party shall confer or
make reasonable good faith efforts to confer with any opposing counsel . . . to resolve any
disputed matter. The moving party shall describe in the motion . . . the specific efforts to fulfill
this duty.”); D.C.COLO.LCivR 7.2(c) (a motion to restrict must (1) identify the document(s) to
be restricted (2) address the interest to be protected and why that interest outweighs the
presumption of public access, (3) identify a clearly defined and serious injury that would result if
access is not restricted, and (4) explain why no alternative to restriction is practicable).
Plaintiff may file a renewed motion to restrict that fully complies with Local Rules 7.1(a)
and 7.2 no later than July 13, 2015. If a renewed motion to restrict is not filed on or before July
13, 2015, the letters from Plaintiff's medical providers will be unrestricted on July 14, 2015.
Dated: July 6, 2015