Order | Filed: August 10, 2026
| Entered: August 10, 2026
Maxwell et al v. Westdale Asset Management, LTD. et al
Civil Rights: Other | Colorado
Order on Motion for Order
ORDER by Magistrate Judge Susan Prose on 08/10/2026. This matter is before the court pursuant to Plaintiffs' 22 Motion to Deny Defendant's Motion to Dismiss and 24 Motion for Leave to File Second Amended Complaint. The court reviews both of these filings with deference to Plaintiffs' pro se status, however notes that the certificate of conferral in each case fails to meet the requirements of D.C.COLO.LCivR 7.1(a). Although Plaintiffs are pro se, they are nonetheless obligated to comply with the court's local rules. See Hendrix v. Employer's Reinsurance Corp., 26 F. App'x 873, 874 (10th Cir. 2002) ("Pro se litigants must follow the rules of procedure, including local rules."). Here, Plaintiffs indicate that conferral was attempted, but neither motion includes the required statement as to whether or not the relief requested is opposed.
Notwithstanding the lack of conferral, the court finds it appropriate to address Plaintiffs' pending motions as follows:
The court construes Plaintiffs' 22 Motion to Deny Defendants' Motion to Dismiss to be Plaintiffs' response to the motion. Accordingly, Plaintiffs' 22 Motion is DENIED without prejudice as moot. The pleading will be considered as Plaintiff's timely filed response to Defendants' Motion to Dismiss.
Finally, Plaintiffs' 24 Motion for Leave to File Second Amended does not include a proposed amended complaint as required by D.C.COLO.LCivR15.1(b). While the motion does indicate such an attachment was intended, the version filed does not contain any attachment or exhibit which is reasonably construed as a Second Amended Complaint or a redlined version of the complaint. Accordingly, Plaintiffs shall submit a proposed amended complaint by no later than August 31, 2026. The court will then proceed to address the Motion for Leave to Amend.
Plaintiffs are advised that future motions lacking a certificate of conferral, including a statement whether opposing counsel opposes the motions, may be stricken.
For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(sjeff)