Taconi v. Ameristar Casino Black Hawk, Inc.

Filing 23

MINUTE ORDER Striking 20 Motion for Default Judgment; Denying as Moot 21 Motion for Entry of Default; Striking 22 Motion for Order. Plaintiff may file a compliant, substantiated motion for default judgmenton or before April 18, 2016 and if no such motion is filed, this case will be closed administratively. By Judge Robert E. Blackburn on 4/11/2016.(cmira)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-02099–REB-NYW
BUACHOMPHOO TACONI,
Plaintiff,
v.
AMERISTAR CASINO BLACK, HAWK, INC d/b/a AMERISTAR CASINO RESORT SPA
BLACK HAWK,
Defendant.
MINUTE ORDER1

The matters before me are (1) Plaintiff’s Motion for Default Judgment and
Hearing on Compensatory, Punitive and Tax Consequence Hearing [#20],2 filed
April 8, 2016; (2) plaintiff’s Second Motion for Entry of Default [#21], filed April 8,
2016; and (3) plaintiff’s Second Motion for Order To [sic] Default Judgment [#22],
filed April 8, 2016. As entry of default has already been made by the clerk of the court
[#9], filed December 17, 2015, plaintiff’s second such motion is unnecessary and thus
moot.
As for plaintiff’s motions for default judgment, they appear to have been filed
without the slightest awareness of this court’s Civil Practice Standards. The substantive
motion comprises 47 pages, three times the length presumptively allowed by the
Practice Standards. See REB Civ. Practice Standard IV.B.1. The formatting and
typeface of the motion also does not comply with the requirements of the Practice
Standards. See REB Civ. Practice Standard II.E.1. In addition, to the extent it is not
redundant of the motion for default judgment [#20], the “second motion for order” [#22]
merely consists of the exhibits in support of the motion for default judgment. These
exhibits should be appended to the motion which they putatively support, rather than
filed as a separate motion. Accordingly, these motions must be stricken.

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2
“[#20]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

This is now the second time this court has been required to make counsel aware
of her failure to comply with the rules of procedure applicable to litigants in this district.
(See Order Denying Without Prejudice Plaintiff’s Motion for Default
Judgment [#18], filed February 25, 2016.)3 Counsel for plaintiff is strongly advised to
read and heed both the Local Rules of Practice of the United States District Court for
the District of Colorado – Civil and this court’s Civil Practice Standards, as well as all
applicable procedures for filing documents in CM/ECF in future, as further
noncomplying documents may be be stricken without notice.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiff’s Second Motion for Entry of Default [#21], filed April 8, 2016,
is denied as moot;
2. That Plaintiff’s Motion for Default Judgment and Hearing on
Compensatory, Punitive and Tax Consequence Hearing [#20], filed April 8, 2016, is
stricken;
3. That plaintiff’s Second Motion for Order To [sic] Default Judgment [#22],
filed April 8, 2016, is stricken;
4. That plaintiff may file a compliant, substantiated motion for default judgment
on or before April 18, 2016; and
5. That if no such motion is filed, this case will be closed administratively.
Dated: April 11, 2016

3

Moreover, the court has twice had to prompt counsel to move this case forward. (See Order
[#19], filed March 18, 2016; Courtroom Minutes [#17], filed February 9, 2016.)

2