Jones et al v. American Family Mutual Insurance Company
MINUTE ORDER denying without prejudice 59 Motion to Amend Scheduling Order, by Magistrate Judge Michael E. Hegarty on 4/15/2016.(slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00631-WYD-MEH
RONALD G. JONES, and
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Entered by Michael E. Hegarty, United States Magistrate Judge, on April 15, 2016.
Plaintiffs’ Motion to Amend Scheduling Order [filed April 14, 2016; docket #59] is denied
without prejudice for failure to confer pursuant to 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).
Here, Plaintiffs’ voicemail and email sent on the day the Motion was filed [see Motion,
docket #59 at 1] does not constitute meaningful conferral.
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