HomeMy WebLinkAbout2020CV30580 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Colorado And Streetmediagroup, Llc - 036 - Unopposed Motion For Extension Of TimeDISTRICT COURT, COUNTY OF LARIMER,
STATE OF COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, CO 80521-2762
Telephone: (970) 498-6100
▲ COURT USE ONLY ▲
Plaintiff: THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation,
v.
Defendants: BOARD OF COUNTY
COMMISSIONERS OF LARIMER COUNTY,
COLORADO; STREETMEDIAGROUP, LLC
Attorneys for Defendant, StreetMediaGroup, LLC:
Todd G. Messenger, Reg. No. 38783
Amanda C. Jokerst, Reg. No. 47241 (?)
FAIRFIELD AND WOODS, P.C.
1801 California Street, Suite 2600
Denver, CO 80202
Telephone: (303) 830-2400
Facsimile: (303) 830-1033
E-Mail: tmessenger@fwlaw.com;
ajokerst@fwlaw.com
Case Number: 2020CV030580
Division: 4B
DEFENDANT STREETMEDIAGROUP, LLC’S UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF
Defendant StreetMediaGroup, LLC (“StreetMedia”), through its undersigned counsel,
Fairfield and Woods, P.C., respectfully submits this Unopposed Motion for Extension of Time to
file Response Brief, as follows:
1. Certificate of Conferral: Pursuant to C.R.C.P. 121, prior to filing this Motion, the
undersigned counsel conferred with Counsel for the Plaintiffs by email and Counsel for Defendant
Larimer County Board of County Commissioners by telephone on February 25, 2021.
2. Pursuant to this Court’s Briefing Schedule, the Defendants’ Response Briefs are
due 35 days after the Plaintiff’s Opening Brief is filed. Plaintiff’s Opening Brief was filed on
DATE FILED: February 25, 2021 6:03 PM
FILING ID: B2A3141BBF561
CASE NUMBER: 2020CV30580
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January 22, 2021. As such, Defendant’s Response Brief is due February 26, 2021.
3. The undersigned counsel, Todd Messenger, Esq., is principally responsible for
drafting the Response Brief in this matter. Mr. Messenger has been working diligently in preparing
StreetMedia’s response to the complex arguments made by the Plaintiff, and to address the
complex and unusual legal framework of the case.
4. The undersigned cleared a large part of this week to work on the Response Brief,
minimizing meetings and other scheduled events. On February 24, 2021, Fairfield and Woods’
remote desktop server failed and required several hours to bring back online. This materially
affected productivity, as it cut off the undersigned’s access to files and resources related to this
case. After the system was restored on February 24, 2021 it failed again on February 25, 2021.
Again, all access to files and resources were cut off.
5. The undersigned conferred with the firm’s information technology consultant (“IT
Consultant”), and was advised that it is not yet clear what is causing the interruptions. It is also not
clear whether any work will be lost. The IT Consultant advised that the undersigned should seek
extension in all litigation matters, in an abundance of caution.
6. No party will be prejudiced by this brief extension of time, and the requested
extension will not unduly disrupt the schedule before this Court.
7. Pursuant to C.R.C.P. 121(1-15)(6), the undersigned counsel has served his client
representative with a copy of this Motion.
8. For the Court’s convenience a proposed order is filed herewith.
WHEREFORE, for all the foregoing reasons, Defendant StreetMediaGroup, LLC
respectfully requests that this Court grant it an extension of five calendar days, until and including
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Wednesday, March 3, 2021, to file its Response Brief, and for all other and further relief as this
Court deems just and appropriate.
DATED this 25th day of February, 2021.
FAIRFIELD AND WOODS, P.C.
s/ Todd G. Messenger
Todd G. Messenger, Reg. No. 38783
Amanda C. Jokerst, Reg. No. 47541
1801 California Street, Suite 2600
Denver, CO 80202
Telephone: (303) 830-2400
Facsimile: (303) 830-1033
E-Mail: tmessenger@fwlaw.com
Attorneys for Defendant StreetMediaGroup, LLC
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CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of February, 2021, I filed the foregoing with the
Clerk of the Court using Colorado Courts E-Filing. I further certify that a copy of the foregoing
was sent via Colorado Courts E-Filing to the following:
Andrew D. Ringel, #24762
Hall & Evans, LLC
1001 Seventeenth St., Suite 300
Denver, CO 80202
Telephone: (303) 628-3300
Email: ringela@hallevans.com
John R. Duval, #10185
Deputy City Attorney
Claire Havelda, #36831
Assistant City Attorney
300 Laporte Ave.
P.O. Box 500
Fort Collins, CO 80522
Telephone: (970) 221-6652
Email: jduval@fcgov.com; chavelda@fcgov.com
Jeannine S. Haag, #11995
Frank N. Haug, #41427
William G. Ressue
Larimer County Attorney’s Office
P.O. Box 1606
Fort Collins, CO 80522
Telephone (970) 498-7450
Email: fhaug@larimer.org; jeanninehaag@larimer.org; wressue@larimer.org
Courtesy Email to Client Representatives:
Gary Young and Troy Hammond
s/ Sharon Y. Meyer
Sharon Y. Meyer