Opinion
Civil Action No. 09-cv-01613-CMA-BNB.
October 14, 2009
ORDER
This matter arises on Defendants' Motion to Alter Case Scheduling Order [Doc. # 32, filed 10/13/2009] (the "Motion"). The Motion is DENIED without prejudice.
The Motion recites that "Defendants' counsel contacted Plaintiff's [sic] counsel on October 12 via e-mail to inquire as to Plaintiff's [sic] position with respect to this motion. As of the time of the filing of this motion [10/13/2009 at 11:59 a.m.], Plaintiffs' counsel has not yet advised Defendants' counsel whether Plaintiffs agree with or oppose this motion."
Local rule of practice 7.1A, D.C.COLO.LCivR, requires:
The court will not consider any motion, other than a motion under Fed.R.Civ.P. 12 or 56, unless counsel for the moving party or a pro se 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. The moving party shall state in the motion, or in a certificate attached to the motion, the specific efforts to comply with this rule.
(Emphasis added.)
In Hoelzel v. First Select Corp., 214 F.R.D. 634, 636 (D. Colo. 2003), I explained the requirements of local rule 7.1A as follows:
The rule is not satisfied by one party sending a single e-mail to another party, and particularly not where, as here, the e-mail merely indicates an intention to file a motion . . . and does not suggest any negotiation or compromise. Nor, in my view, would a single letter or a single voice message satisfy the requirements of Rule 7.1A. . . . Rather, to satisfy the requirements of Rule 7.1A, the parties must hold a conference, possibly through the exchange of correspondence but preferably through person-to-person telephone calls or face-to-face meetings, and must compare views and attempt to reach an agreement, including by compromise if appropriate.
The defendants have failed meaningfully to confer as required by D.C.COLO.LCiv R 7.1A and Hoelzel.
IT IS ORDERED that the Motion is DENIED without prejudice, and may be renewed after a meaningful conference under D.C.COLO.LCivR 7.1A.