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HomeMy WebLinkAbout2021CA833 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Et Al - 010 - Joint Motion For Extension Of Time To File Answer Brief COLORADO COURT OF APPEALS 2 East 14th Avenue Denver, Colorado 80203 Telephone: (720) 625-5000 ▲ COURT USE ONLY ▲ Appeal from the District Court, Larimer County, Honorable Daniel McDonald, Case No. 2020CV030580 Plaintiff/Appellant: THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, v. Defendants/Appellees: BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORAD; STREETMEDIAGROUP, LLC. Attorneys for Defendant/Appellee: StreetMediaGroup, LLC Todd G. Messenger, Reg. No. 38783 Amanda Jokerst, Reg. No. 47241 FAIRFIELD AND WOODS, P.C. 1801 California Street, Suite 2600 Denver, Colorado 80202 Telephone: (303) 830-2400 Facsimile: (303) 830-1033 E-Mail: tmessenger@fwlaw.com; ajokerst@fwlaw.com Attorneys for Defendant/Appellee: Board of County Commissioners of Larimer County William G. Ressue, Reg. No. 34110 Frank N. Haug, Reg. No. 41427 Larimer County Attorney’s Office P.O. Box 1606 Fort Collins, Colorado 80522 Telephone (970) 498-7450 Email: ressuewg@co.larimer.co.us; haugfn@co.larimer.co.us Case Number: 2021CA833 UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF DATE FILED: September 10, 2021 3:08 PM FILING ID: DE16B7D24F09F CASE NUMBER: 2021CA833 2 Defendants-Appellees, StreetMediaGroup, LLC (“StreetMedia”), through its counsel, Todd G. Messenger and Amanda C. Jokerst of Fairfield and Woods, P.C., and Board of County Commissioners of Larimer County (“Larimer County”), through its counsel, William G. Ressue and Frank N. Haug of the La rimer County Attorney’s Office, hereby respectfully submit this Unopposed Joint Motion for Extension of Time to File Answer Brief. Pursuant to C.A.R. 26(b) and in support thereof, Defendants-Appellees state as follows: 1. This Court issued its Notice of Filing of Record on Appeal and Briefing Schedule on June 10, 2021. The Briefing Schedule set a deadline of July 22, 2021, for Plaintiff-Appellant to file its Opening Brief. On July 19, 2021, Plaintiff - Appellant filed an Unopposed Motion for Extension of Time to File Opening Brief, requesting an extension to August 6, 2021 . On July 19, 2021, this Court granted the Motion and Ordered the Opening Brief due on August 16, 2021, thereby extending Plaintiff-Appellant’s time to file an Opening Brief by 25 days. 2. Plaintiff-Appellant filed its Opening Brief on August 16, 2021, making Defendants-Appellees’ Answer Briefs due on September 20, 2021. Plaintiff- Appellant’s Motion for Extension noted that Plaintiff-Appellant would not object to an extension of time for the Answer Briefs. 3. Pursuant to C.A.R. 26(b), the “appellate court for good cause shown 3 may upon motion enlarge the time prescribed by these rules or by its order for doing any act . . . .” 4. Due to the voluminous record in this matter, Plaintiff-Appellant’s 38- page Opening Brief, and the press of business, Defendant s-Appellees, StreetMedia Group and Larimer County, request a reciprocal 25-day extension of time to file their Answer Briefs, making Defendants-Appellees’ Answer Briefs due on October 15, 2021. 5. Plaintiff-Appellant does not oppose this request. Defendants- Appellees, StreetMedia Group and Larimer County, have not previously requested an extension of time for their Answer Briefs. Counsel for Defendants-Appellees will serve their clients with this Motion. WHEREFORE, for good cause shown pursuant to C.A.R. 26(b), Defendants- Appellees, respectfully requests the Court grant this Motion and extend the time to file their Answer Briefs up to and including October 15, 2021, and for all other relief this Court deems just and proper. Respectfully submitted this 10th day of September, 2021. FAIRFIELD AND WOODS, P.C. LARIMER COUNTY ATTORNEY’S OFFICE s/ Todd G. Messenger s/ Frank N. Haug Todd G. Messenger William G. Ressue Amanda C. Jokerst Frank N. Haug 4 CERTIFICATE OF SERVICE I hereby certify that on this 10th day of September, 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 William G. Ressue, #34110 Frank N. Haug, #41427 Larimer County Attorney’s Office P.O. Box 1606 Fort Collins, CO 80522 Telephone (970) 498-7450 Email: ressuewg@co.larimer.co.us; haugfn@co.larimer.co.us s/ Sharon Y. Meyer Sharon Y. Meyer