HomeMy WebLinkAbout2016CV31096 - CITY OF FORT COLLINS, A COLORADO MUNICIPAL CORPORATION; AND POUDRE FIRE AUTHORITY, A COLORADO PUBLIC ENTITY V. KEITH GILMARTIN - 015 - ORDER RE FAILURE TO CONFERDISTRICT COURT, COUNTY OF LARIMER,
STATE OF COLORADO
Court Address: 201 La Porte Avenue
Fort Collins, Colorado 80521-2761
Phone Number: (970) 494-3500
_________________________________________________
Plaintiff: POUDRE FIRE AUTHORITY,
v.
Defendant: KEITH GILMARTIN.
FOR COURT USE
__________________________
Case No. 16CV31096
Courtroom: 3C
ORDER re FAILURE TO CONFER
This matter is before the court on Defendant's Motion to Dismiss for Failure to Name
Indepesible Party. The motion does not comply with C.R.C.P. 121 section 1-15(8), which
requires moving counsel certify that counsel have conferred before filing the motion. Confer
means talk. The court expects good faith compliance with the duty to confer, which should—
except in rare circumstances—include calling or speaking in person to opposing counsel
sufficiently far in advance of filing a motion so as to permit meaningful discussion. Same-day
attempts to confer and electronic messages generally will not suffice. Where there is a duty to
confer, the court will not consider a motion if the parties have not conferred unless there is a
detailed explanation of the date, time, and circumstances of the efforts made to confer.
Accordingly, the court will deny the motion with leave to file a proper certification. The
opposing party’s time to respond will run from the date a proper certification is filed.
So ordered: February 13, 2017.
By the court:
__________________________________
Stephen J. Jouard
District Court Judge
DATE FILED: February 13, 2017
CASE NUMBER: 2016CV31096