Brown v. Applied Technologies, Inc. et al

Filing 26

MINUTE ORDER; 19 Motion to Strike Defendants Answers is GRANTED. IT IS FURTHER ORDERED that the Answer [#13] filed by Defendant AppliedTechnologies, Inc. is STRICKEN. IT IS FURTHER ORDERED that Defendant Applied Technologies Inc. shall have thro ugh February 9, 2016 for new counsel to enter an appearance in this matter. IT IS FURTHER ORDERED that the deadline for Defendant Applied Technologies Inc. to file an Answer or other response to the Complaint 1 is extended to March 1, 2016. IT IS FURTHER ORDERED that the Answers 15 17 filed by pro se Defendants Waldo R. Dagle and Herbert A. Zimmerman are STRICKEN. IT IS FURTHER ORDERED that the deadline for Defendants Dagle and Zimmerman to file an Answer or other response to the Compla int 1 is extended to March 1, 2016. Scheduling Conference set for 1/19/2016 is VACATED and RESET to 4/19/2016 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling on or before April 12, 2016, by Magistrate Judge Kristen L. Mix on 1/12/16.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02022-REB-KLM
AUDRENE BROWN,
Plaintiff,
v.
APPLIED TECHNOLOGIES, INC.,
WALDO R. DAGLE, and
HERBERT A. ZIMMERMAN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Strike Defendants’ Answers
[#19] (the “Motion”). No response was filed.
IT IS HEREBY ORDERED that the Motion [#19] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Answer [#13] filed by Defendant Applied
Technologies, Inc. is STRICKEN. A corporation, partnership, or other legal entity “may not
appear without counsel admitted to the bar of this court . . . .” D.C.COLO.LAttyR 6.
Accordingly,
IT IS FURTHER ORDERED that Defendant Applied Technologies Inc. shall have
through February 9, 2016 for new counsel to enter an appearance in this matter.
Defendant Applied Technologies, Inc. is warned that “absent prompt appearance of
substitute counsel, pleadings and papers may be stricken, and default judgment or other
sanctions may be imposed against the entity.” D.C.COLO.LAttyR 6.
IT IS FURTHER ORDERED that the deadline for Defendant Applied Technologies
Inc. to file an Answer or other response to the Complaint [#1] is extended to March 1,
2016.
IT IS FURTHER ORDERED that the Answers [#15, #17] filed by pro se Defendants
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Waldo R. Dagle and Herbert A. Zimmerman are STRICKEN. Neither document is signed,
as required by Federal Rule of Civil Procedure 11(a), which provides that “[e]very pleading,
written motion, and other paper must be signed . . . by a party personally if the party is
unrepresented.” Rule 11(a) further provides that “[t]he court must strike an unsigned paper
unless the omission is promptly corrected after being called to the . . . party’s attention.”
As noted above, although Plaintiff brought this issue to Defendants’ attention with the filing
of the Motion [#19], see Certificate of Service [#19] at 4, Defendants filed no response.
IT IS FURTHER ORDERED that the deadline for Defendants Dagle and Zimmerman
to file an Answer or other response to the Complaint [#1] is extended to March 1, 2016.
IT IS FURTHER ORDERED that the Scheduling Conference set for January 19,
2016 at 9:30 a.m. is VACATED and RESET to April 19, 2016 at 9:30 a.m. in Courtroom A401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver,
Colorado.
IT IS FURTHER ORDERED that the parties shall submit their proposed scheduling
order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. Deadline
for submission of the proposed scheduling order is on or before April 12, 2016.
Defendants are hereby warned that failure to follow Court orders and/or failure
to timely defend their case may result in sanctions.

Dated: January 12, 2016

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