Opinion
Civil Action No. 10-cv-01509-WYD-BNB
03-11-2013
DAVID B. FISHER; BISON CONSTRUCTORS INC.; and MARK YAKOWEC, on behalf of themselves and all other similarly situated persons Plaintiffs, v. GENERAL STEEL DOMESTIC SALES, LLC d/b/a GENERAL STEEL CORPORATION, a Colorado limited liability company; JEFFREY KNIGHT; NATHAN WRIGHT; BRUCE GRAHAM; LEE BASHORE; STEVEN PAIGE; JOHN VIVIAN; JONAH GOLDMAN; and WAYNE GASTON, Defendants.
Senior Judge Wiley Y. Daniel
MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
Plaintiff's Motion for District Court to Take Jurisdiction of Proceeding (ECF No. 64) is STRICKEN from the record for failure to comply with D.C.COLO.LCivR 7.1.A, which states that "[t]he 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." Here, Plaintiff's counsel indicated that he sent opposing counsel a draft of the motion indicating that "he would be happy to hear Defendants' position by e-mail or telephone (but could not participate extensively in a telephone conversation due to laryngitis). Opposing counsel did not respond in any manner." (Mot. at 1). I do not find this language to be sufficient evidence of either a conferral or a good faith effort to confer as required by the Court's governing rules.