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Bender v. CitiMortgage Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Apr 3, 2013
Civil Action No. 12-cv-02896-WYD-KMT (D. Colo. Apr. 3, 2013)

Opinion

Civil Action No. 12-cv-02896-WYD-KMT

04-03-2013

DEANNE BENDER, Plaintiff, v. CITIMORTGAGE INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, and DOES 1-10, Inclusive, Defendants.


Magistrate Judge Kathleen M. Tafoya


MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA

Plaintiff's "Motion for Leave to Amend" (Doc. No. 32, filed Apr. 2, 2013) is DENIED without prejudice for failure to comply with Local Rule 7.1A's duty to confer and for failure to attach a proposed amendment to complaint to the Motion. Local Rule 7.1A provides that the court will not consider any non-dispositive motion unless the moving party, before filing the motion, "has conferred or made reasonable, good-faith efforts to confer with opposing counsel or a pro se party to resolve the disputed matter." D.C.COLO.LCivR 7.1A. In addition, the moving party must "state in the motion, or in a certificate attached to the motion, the specific efforts to comply with this rule." Id. Plaintiff's Motion does not comply with this provision.

Further, when seeking leave of the court to amend a complaint, the motion to amend must detail the proposed amendments and the reasons why such amendments are necessary. In addition, the plaintiff must attach the proposed amended complaint to the motion. The proposed amended complaint must stand alone; it must contain all of the plaintiff's claims. Here, Plaintiff has not attached a proposed amended complaint to her motion. As a result, it is impossible to determine if the proposed amendments are permissible.


Summaries of

Bender v. CitiMortgage Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Apr 3, 2013
Civil Action No. 12-cv-02896-WYD-KMT (D. Colo. Apr. 3, 2013)
Case details for

Bender v. CitiMortgage Inc.

Case Details

Full title:DEANNE BENDER, Plaintiff, v. CITIMORTGAGE INC., MORTGAGE ELECTRONIC…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 3, 2013

Citations

Civil Action No. 12-cv-02896-WYD-KMT (D. Colo. Apr. 3, 2013)