Opinion
Civil Action No. 08-cv-02776-MSK-BNB.
February 24, 2009
ORDER
Attached to this order is a copy of several e-mails (the "e-mails") sent directly to my chambers by the plaintiff on February 18, 2009. The e-mails are improper in a number of ways.
First, the e-mails are improper ex parte communications. Ex parte communications are prohibited by local rule of practice 77.2, D.C.COLO.LCivR, which provides:
In the absence of previous authorization, no attorney or party to any proceeding shall send letters, pleadings or other papers or copies directly to a judicial officer. Unless otherwise instructed, all matters to be called to a judicial officer's attention shall be submitted through the clerk, with copies served on all other parties or their attorneys.
Second, there is no evidence that copies of the e-mails were served on opposing counsel as required by Rules 5(a) and (d), Fed.R.Civ.P.
Third, the e-mails do not comply with the formatting requirements of Rule 7(b), Fed.R.Civ.P., and local rule of practice 10.1, D.C.COLO.LCivR.
IT IS ORDERED that the e-mails are STRICKEN.
IT IS FURTHER ORDERED that the plaintiff shall cease sending communications directly to my chambers unless otherwise instructed by me.
IT IS FURTHER ORDERED that in the future all applications to the court must be submitted in the form of a motion and in compliance with the Federal Rules of Civil Procedure, local rules of practice, and this order.
IT IS FURTHER ORDERED that failure to comply with this order may result in the imposition of sanctions, including dismissal of the case.