Mandy's Ltd et al v. TimePayment Corp., et al

Filing 36

MINUTE ORDER Striking 35 Plaintiffs Motion for Leave to File Response to Defendants Motion for Summary Judgment filed January 21, 2016, by Judge Wiley Y. Daniel on 1/26/2016.(evana, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-01571-WYD-MJW MANDY’S LTD, a Colorado Limited Liability Company, and AMANDA MACHAN, an Individual, Plaintiffs, v. TIMEPAYMENT CORP., a Delaware corporation, and SALON AND BEAUTY SOURCE, INC., a Florida corporation, doing business as SalonSmart, Defendants. MINUTE ORDER ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL Plaintiffs’ Motion for Leave to File Response to Defendant’s Motion for Summary Judgment filed January 21, 2016 (ECF No. 35) is STRICKEN as it fails to comply with D.C.COLO.LCivR 7.1. While Plaintiffs stated they conferred with defense counsel “by telephone message”, this is not sufficient to comply with the rule. A party must make a good faith effort to confer with opposing counsel, not simply leave a message, and must advise the court after conferring with counsel as to whether the motion is opposed or unopposed. Plaintiffs may refile the motion after making appropriate efforts to confer as required by the Local Rule. Also, Plaintiffs are advised in the future to use the correct format for their caption, as displayed in this Minute Order. This format is shown on the Court’s website in the Forms (Sample Pleading - Civil). Dated: January 26, 2016 -1-

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