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Home My WebLink About2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 027 - Northern's Motion For Extension Larimer County District Court 201 La Porte Ave, Suite 100 Fort Collins, CO 80521 COURT USE ONLY SAVE THE POUDRE, and NO PIPE DREAM CORPORATION Plaintiffs v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, NORTHERN INTERGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, and THE CITY OF FORT COLLINS, a Colorado home rule city and municipal corporation, Defendants. Attorneys for Northern Colorado Water Conservancy District and Northern Integrated Supply Project Water Activity Enterprise: Bennett W. Raley, #13429 Peggy E. Montaño, #11075 William Davis Wert, #48722 Mirko L. Kruse, #52488 TROUT RALEY 1120 Lincoln Street, Suite 1600 Denver, CO 80203 Telephone: (303) 861-1963 FAX Number: (303) 832-4465 email: braley@troutlaw.com, pmontano@troutlaw.com, dwert@troutlaw.com, mkruse@troutlaw.com Case No. 21CV30425 DEFENDANTS NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE’S MOTION FOR ENLARGEMENT OF TIME TO ANSWER PLAINTIFFS’ AMENDED COMPLAINT Defendants, the Northern Colorado Water Conservancy District (“Northern Water”) and Northern Integrated Supply Project Water Activity Enterprise (“NISP Enterprise”), by and through DATE FILED: September 28, 2021 1:35 PM FILING ID: 7B8E624330C6F CASE NUMBER: 2021CV30425 their undersigned attorneys, hereby request that the Court expressly extend the deadline for Northern Water and the NISP Enterprise to answer Plaintiffs’ Amended Complaint. Specifically, Northern Water and the NISP Enterprise request that it be given 14 days after the Court’s ruling on Northern Water and the NISP Enterprise’s Partial Motion to Dismiss Plaintiffs’ First Amended Complaint filed concurrently with this motion. In support, Northern Water and the NISP Enterprise state as follows: 1. Pursuant to C.R.C.P. 121 § 1-15(8), counsel for Northern Water and the NISP Enterprise certify that they conferred with the other parties regarding the relief requested in this Motion. The City of Fort Collins supports this Motion. Plaintiffs take no position on this Motion. 2. On August 31, 2021, Plaintiffs served their Amended Complaint in this matter on Northern Water and the NISP Enterprise. In the Amended Complaint, Plaintiffs generally assert two categories of claims for relief. 4. Concurrent with this Motion, Northern Water and the NISP Enterprise filed their Partial Motion to Dismiss Plaintiffs’ First Amended Complaint. This partial motion to dismiss is directed at some but not all of Plaintiffs’ claims for relief. 5. Most jurisdictions considering the issue have held that filing a “partial” motion to dismiss automatically stays the time in which the defendants must answer the entire complaint, without the need to file a motion otherwise extending the time to answer the remainder of the complaint. See Wright & Miller, 5b Fed. Prac. & Proc. § 1346 (3d ed. 2020) (“[T]he weight of the limited authority on this point is to the effect that the filing of a motion that only addresses part of a complaint suspends the time to respond to the entire complaint, not just to the claims that are the subject of the motion.”). However, a limited number of jurisdictions do not automatically extend the time to answer the remainder of the complaint. See Gerlach v. Michigan Bell Tel. Co., 448 F.Supp. 1168, 1174 (E.D. Mich. 1978). Colorado courts have not addressed this issue. 6. Out of an abundance of caution, Northern Water and the NISP Enterprise seek an order from the Court expressly extending the time they must answer the complaint—which would otherwise be September 28, 2021—until 14 days from the date the Court enters an order on Northern Water and the NISP Enterprise’s motion to dismiss in this matter, consistent with C.R.C.P. 12(a)(1)(A). 7. No party will be prejudiced by an extension, and such an extension will potentially preserve the Court and the parties’ resources from litigating claims without merit. WHEREFORE, Northern Water and the NISP Enterprise respectfully request the Court to enter an order extending the time that they must answer Plaintiffs’ Amended Complaint until 14 days from the date the Court enters an order on their Motion to Partially Dismiss Plaintiffs’ First Amended Complaint, filed concurrently with this Motion. A proposed order is included with this Motion. Respectfully submitted: September 28, 2021. TROUT RALEY /s/ Peggy E. Montaño __ Peggy E. Montaño, #11075 Bennett W. Raley, #13429 William Davis Wert, #48722 Mirko L. Kruse, #52488 1120 Lincoln Street, Suite 1600 Denver, CO 80203 Telephone: (303) 861-1963 Facsimile: (303) 832-4465 braley@troutlaw.com pmontano@troutlaw.com dwert@troutlaw.com mkruse@troutlaw.com Attorneys for Defendants, Northern Colorado Water Conservancy District and Northern Integrated Supply Project Water Activity Enterprise Pursuant to C.R.C.P. 121, a printed or printable copy of the document bearing the original, electronic, or scanned signatures is on file in the offices of counsel. CERTIFICATE OF SERVICE I certify that on September 28, 2021, a true and correct copy of the foregoing DEFENDANTS NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE’S MOTION FOR ENLARGEMENT OF TIME TO ANSWER PLAINTIFFS’ AMENDED COMPLAINT was served via the Colorado Courts E- Filing System, on the following: Name Attorney Organization City of Fort Collins Marni L Nathan Kloster Nathan Dumm and Mayer PC City of Fort Collins Nicholas Poppe Nathan Dumm and Mayer PC City of Fort Collins John R Duval City Attorneys Office No Pipe Dream Corp John Mclain Barth John M Barth Attorney at Law Save the Poudre John Mclain Barth John M Barth Attorney at Law S/ Meichell Walsh E-filed pursuant to C.R.C.P. 121 §1-26 via the Colorado Courts E-Filing System. A printed or printable copy of this document bearing the original, electronic, or scanned signatures is on file at the office of Trout Raley