JDK LLC et al v. Hodge et al

Filing 117

ORDER. ORDERED that plaintiffs JDK LLC, Deborah Kolassa, Jerry Kolassa, and S.Mark Spoone's Motion to Strike/Withdraw Amended Consent Motion for Administrative Closure 115 is GRANTED in part.ORDERED that the parties' Second Amended Consent Motion for AdministrativeClosure 113 is DENIED as moot. Signed by Judge Philip A. Brimmer on 03/14/16.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-00494-PAB-NYW
JDK LLC, a Colorado limited liability company,
DEBORAH KOLASSA,
JERRY KOLASSA, and
S. MARK SPOONE,
Plaintiffs,
v.
PAUL A. TALBOT,
FRANK O. HOFMEISTER,
MAX 1 FINANCIAL LLC, a Colorado limited liability company, and
BROOKE TALBOT,
Defendants.

ORDER

This matter is before the Court on plaintiffs’ Motion to Strike/Withdraw Amended
Consent Motion for Administrative Closure [Docket No. 115]. Plaintiffs seek to strike or
withdraw the Second Amended Consent Motion for Administrative Closure [Docket No.
113], which was filed jointly by plaintiffs and defendants. Although, as plaintiffs note,
the Court did not grant the motion for administrative closure, the motion nevertheless
required plaintiffs to move to re-open this case by March 10, 2016 or waive any right to
litigate any claims against defendants. Plaintiffs have filed a timely request to withdraw,
which the Court will grant.
Plaintiffs also ask the Court to extend the discovery period to March 28, 2016
with any additional discovery limited to depositions. Docket No. 115 at 2, ¶ 3(a). T o the

extent that plaintiffs seek modification of the scheduling order, which set a discovery
cut-off date of January 8, 2016, see Docket No. 65 at 7, plaintiffs must do so by filing a
motion pursuant to Fed. R. Civ. P. 16(b)(4) and demonstrating that good cause exists
for the modification. The instant motion makes no showing of good cause.
Additionally, plaintiffs are reminded that the local rules of this district require them to
confer with opposing counsel before filing a motion and to describe their “specific efforts
to fulfill this duty.” D.C.COLO.LCivR 7.1(a).
Accordingly, it is
ORDERED that plaintiffs JDK LLC, Deborah Kolassa, Jerry Kolassa, and S.
Mark Spoone’s Motion to Strike/Withdraw Amended Consent Motion for Administrative
Closure [Docket No. 115] is GRANTED in part. It is further
ORDERED that the parties’ Second Amended Consent Motion for Administrative
Closure [Docket No. 113] is DENIED as moot.

DATED March 14, 2016.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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