HomeMy WebLinkAbout2021-cv-2306-RM-KLM - Perry V. State Of Colorado, Et Al - 026 - Motion For Leave To File Excess Pages In Df's Motion To DismissIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:21-CV-02306-RM-KLM
ROBERT LAWRENCE PERRY,
Plaintiff,
v.
THE STATE OF COLORADO,
THE CITY OF FORT COLLINS,
CSU BOARD OF GOVERNORS FOR CSU,
COLORADO STATE UNIVERSITY and
STEVEN VASCONSELLOS, Judicial Administrator;
Defendants.
DEFENDANT CITY OF FORT COLLINS’ MOTION FOR LEAVE TO FILE IN
EXCESS OF PAGE LIMITATION IN DEFENDANT’S MOTION TO DISMISS
PLAINTIFF’S AMENDED COMPLAINT
Defendant City of Fort Collins (“Defendant”), via counsel, Mark S. Ratner, Esq., and
Katherine N. Hoffman, Esq., of Hall & Evans, L.L.C., and pursuant to this Court’s Practice
Standards, hereby requests permission to exceed the standard 20-page restriction by 5-pages (thus,
allowing for a 25-page response) for Defendant’s Motion to Dismiss Plaintiff’s Amended
Complaint [ECF 24], as follows:
D.C.COLO.LCivR 7.1 CONFERRAL STATEMENT
Undersigned counsel attempted to confer with Plaintiff via email on September 30, 2021,
and Plaintiff did not respond this request.
1. Plaintiff previously filed a Complaint which was 42-pages in length. [ECF 1].
Thereafter, Plaintiff filed an Amended Complaint which added 24-pages of allegations
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to his original Complaint. [ECF 24]. In total, Plaintiff’s Amended Complaint is 66-
pages and 279-paragraphs. [Id.].
2. Plaintiff’s Amended Complaint raises complex issues concerning the constitutionality
of the Defendant’s trespass and camping ordinances. Specifically, Plaintiff challenges
both ordinances under the Fifth, Eighth, and the Fourteenth Amendment Due Process
Clause and Equal Protection Clause. Additionally, Plaintiff challenges the validity of
his underlying conviction for trespass under the City’s ordinance. Each of these claims
requires separate analysis as each is tested under a different legal standard.
3. Additional words are necessary to adequately brief the Court on each claim and
defense.
4. Counsel for Defendant has made their best effort to keep the Motion to Dismiss to a
reasonable volume, given the breadth of material that must be covered, but require more
than 20-pages to adequately address the complex and numerous issues raised by
Plaintiff. Undersigned counsel does not file this Motion lightly and understands the
reasons for this Court’s page limitations. However, counsel for Defendant believe the
presentation in the Motion to Dismiss is appropriate and warranted under the totality
of the circumstances.
5. Defendant is requesting a total of 25-pages excluding the certificate of compliance in
accordance with this Court’s practice standards. This increase in page limit will allow
Defendant to adequately address the arguments raised in Plaintiff’s Amended
Complaint while keeping in line with and being responsive to Plaintiff’s lengthy and
complicated pleading.
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6. The granting of this Motion for Leave to Exceed Page Limitation and its requested page
limit increase will serve the interests of justice and will not prejudice any party.
7. Good cause exists for extending the page limitation.
WHEREFORE, and for the foregoing reasons, Defendant City of Fort Collins
respectfully requests this Court grant this Motion to Exceed the Page Limitation and allow
Defendant up to 25 pages for their response to Plaintiff’s Amended Complaint.
Respectfully submitted this 1st day of October 2021.
s/Katherine N. Hoffman
Katherine N. Hoffman, Esq.
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
Hoffmank@hallevans.com
Ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
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`
CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 1st day of October 2021, a true and correct copy of the foregoing
was filed with the Court via CM/ECF and served on all parties of record, as well as the below-
listed party by email:
Robert Lawrence Perry
fort_scout@yahoo.com
Pro se Plaintiff
s/Marlene Wilson, Legal Assistant to
Mark S. Ratner, Esq.
Katherine N. Hoffman, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
Ratnerm@hallevans.com
Hoffmank@hallevans.com
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
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