HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 127 - Defendants' Second Motion For Extension Of Time To Respond To DiscoveryIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff,
v.
CITY OF FORT COLLINS, A MUNICIPALITY,
Defendant.
______________________________________________________________________________
DEFENDANT’S UNOPPOSED SECOND MOTION FOR EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S FIRST SET OF WRITTEN DISCOVERY
AND MOTION TO MODIFY SCHEDULING ORDER TO EXTEND EXPERT
DISCOVERY DEADLINES AND DISPOSITIVE MOTION DEADLINE
______________________________________________________________________________
Defendant City of Fort Collins, a municipality (“Defendant”), by and through its attorney,
Mark S. Ratner of Hall & Evans, L.L.C, submits the following as Defendant’s Unopposed Second
Motion for Extension of Time to Respond to Plaintiff’s First Set of Written Discovery and Motion
to Modify Scheduling Order to Extend Expert Discovery Deadlines and Dispositive Motion
Deadline:
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(a)
Pursuant to D.C.COLO.LCivR 7.1(a), the undersigned counsel conferred with counsel for
Plaintiff. Counsel for Plaintiff is unopposed to Defendant’s requested two-week extension of time
to submit his responses to written discovery so long as Defendant also seeks a three-week
extension of time for all expert disclosures deadlines and the dispositive motion deadline.
Undersigned counsel for Defendant is unopposed to Plaintiff’s requested extensions of time for
expert disclosures and dispositive motions.
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CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 6.1(c)
Pursuant to D.C.COLO.LCivR 6.1(a), the undersigned counsel certifies that a copy of this
Motion will be served contemporaneously on Plaintiff upon the filing of this Motion.
I. ARGUMENT
1. According to the allegations of Plaintiff’s Complaint, this matter generally arises
out of the arrest of Plaintiff, Sean Slatton, by police officers employed with Defendant, the City of
Fort Collins. Plaintiff alleges a violation of his Fourth Amendment rights, including the purported
use of excessive force to effectuate his arrest.
2. On January 21, 2021, Plaintiff served his First Set of Written Discovery on
Defendant. Defendant’s responses to the written discovery initially were due on February 22,
2021.
3. On February 18, 2021, Defendant requested a three-week extension of time to
submit its discovery responses based on the breadth of the requested information. [ECF 125].
4. On February 18, 2021, the Court granted Defendant’s requested extension of time
thereby extending the deadline for Defendant’s discovery responses to March 15, 2021. [ECF 126].
5. Undersigned counsel and Defendant have diligently been working on completing
Defendant’s discovery responses. However, due to the breadth of the information requested,
additional time is needed to properly assess, and if appropriate provide the information and
documentation.
6. Accordingly, Defendant respectfully requests an additional 14-day extension of
time, or until March 29, 2021, to submit its responses to Plaintiff’s First Set of Written Discovery.
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7. During the conferral on this motion, counsel for Plaintiff request a similar, albeit
slightly longer, extension of time for the deadlines for expert discovery and dispositive motions in
order to accommodate Defendant’s two-week extension of time to submit its discovery responses.
8. The current deadlines for expert disclosures and dispositive motions are as follows:
Plaintiff’s expert disclosure: April 9, 2021; Defendant’s expert disclosure: May 29, 2021;
Plaintiff’s rebuttal expert disclosure: July 13, 2021 [ECF 123]; and dispositive motion deadline:
September 13, 2021. [ECF 124].
9. The Parties respectfully request a 21-day extension of time for expert discovery and
dispositive motions. The new proposed deadlines are:
• Plaintiff’s expert disclosure: April 30, 2021;
• Defendant’s expert disclosure: June 19, 2021;
• Plaintiff’s rebuttal expert disclosure: August 3, 2021; and
• Dispositive motions: October 4, 2021.
10. Discovery in this matter concludes on August 10, 2021 [ECF 124], and trial is set
to begin on January 10, 2022. [ECF 120]. The requested extensions of time are not expected to
interfere with these dates or any other dates provided in the scheduling order.
11. This is the second request for an extension of time made by Defendant related to
responding to Plaintiff’s First Set of Discovery.
12. This is the second request for an extension of time pertaining to deadlines for expert
discovery and dispositive motions. The first request was made by Plaintiff on February 5, 2021,
[ECF 122] and was granted by the Court. [ECF 123 and 124].
13. Good cause exists for the granting of this motion. The request is not made for
purposes of delay, and no party will be prejudiced by the requested relief.
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WHEREFORE, Defendant respectfully requests the Court grant its motion, and extend the
time for Defendant to submit its responses to Plaintiff’s First Set of Written Discovery to March
19, 2021, and to modify the scheduling order and extend all of the expert disclosure deadlines by
three-weeks and to extend the dispositive motion deadline by three-weeks, and for any other relief
deemed just and proper.
Dated this 12th day of March, 2021.
Respectfully submitted,
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 12th day of March 2021, I electronically filed the
foregoing DEFENDANT’S UNOPPOSED SECOND MOTION FOR EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S FIRST SET OF WRITTEN DISCOVERY AND
MOTION TO MODIFY SCHEDULING ORDER TO EXTEND EXPERT DISCOVERY
DEADLINES AND DISPOSITIVE MOTION DEADLINE with the Clerk of Court using the
CM/ECF system and mailed a copy to the following:
David A. Lane, Esq.
Hellen Oh, Esq.
Killmer, Lane & Newman, LLP
1543 Champa Street, Suite 400
Denver, CO 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
hoh@kln-law.com
ATTORNEYS FOR PLAINTIFF
Defendant City of Fort Collins
c/o Hall & Evans, L.L.C.
s/ Laura Buckingham, Legal Assistant
Hall & Evans, L.L.C.
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