Opinion
Civil Action No. 11-cv-02913-WJM-MEH
06-04-2012
ANTONITTE POLK, and AUDWIN DUBOSE, Plaintiffs, v. J. BODE HOLDINGS, INC., a Colorado corporation, Defendant.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on June 4, 2012.
Plaintiffs' Motion to Compel [filed May 25, 2012; docket #14] is denied without prejudice for failure to comply with Fed. R. Civ. P. 37(a) and D.C. Colo. LCivR 7.1A. The Court reminds the parties that it "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." D.C. Colo. LCivR 7.1A (emphasis added). Plaintiffs represent that their counsel conferred with counsel for Defendant by sending a letter on May 1, 2012. However, because Rule 7.1A requires meaningful negotiations by the parties, the rule is not satisfied by one party sending the other party a single email, letter or voicemail. See Hoelzel v. First Select Corp., 214 F.R.D. 634, 636 (D. Colo. 2003). Without more information regarding Plaintiffs' attempt to confer, the Court is not satisfied that Plaintiffs have made a "reasonable, good-faith effort" to obtain the requested discovery prior to filing the present motion.