HomeMy WebLinkAbout2021CA833 - City Of Fort Collins V. Board Of County Commissioners Of Larimer County, Et Al - 014 - City's Motion For Extension Re Reply BriefColorado Court of Appeals
2 East 14th Avenue
Denver, CO 80203
County of Larimer
Case No. 2020CV30580, Division 4B
The Honorable Daniel McDonald
________________________________________
Plaintiff-Appellant:
THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation,
v.
Defendants--Appellees:
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO;
STREETMEDIAGROUP, LLC
Andrew D. Ringel, Esq. (#24762)
Hall & Evans, L.L.C.
1001 - 17th Street, Ste. 300
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
ringela@hallevans.com
John R. Duval, Esq. (#10185)
Deputy City Attorney
Claire Havelda, Esq. (#36831)
Assistant City Attorney
City Attorney’s Office
300 Laporte Avenue
P.O. Box 500
Fort Collins, Colorado 80522
▲COURT USE ONLY▲
______________________
Case Number:
2021CA833
______________________
2
970-221-6652
Fax: 970-221-6327
jduval@fcgov.com
chavelda@fcgov.com
Attorneys for Plaintiff-Appellant
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF
Plaintiff-Appellant the City of Fort Collins, Colorado, by and through its
counsel, Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., and John R. Duval, Esq.,
Deputy City Attorney, and Claire Havelda, Esq., Assistant City Attorney, of the Fort
Collins City Attorney’s Office, hereby respectfully submits this Unopposed Motion
for Extension of Time to File Opening Brief, as follows:
1. Defendants-Appellees filed their respective Answer Briefs with this
Court on October 15, 2021. Accordingly, the Reply Brief from Plaintiff-Appellant
is due on October 29, 2021. Plaintiff-Appellant respectfully requests an extension
of 14 days until and including November 12, 2021, to file its Reply Brief in this
matter.
2. The undersigned counsel has the primary responsibility for research
and drafting the Reply Brief in this matter. In addition to that responsibility, the
undersigned counsel also has had and has the responsibility for the following
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additional items: (1) a Reply Brief in Case No. 21-1107 before the United States
Court of Appeals for the Tenth Circuit in Lawrence Montoya v. City and County of
Denver et. al., due on November 1, 2021; (2) an Opening Brief in Case No. 21-1284
before the United States Court of Appeals for the Tenth Circuit in Michaela Lynn
Surat v. Randall Klamser and the City of Fort Collins due on November 4, 2021; (3)
a total of three mediations with associated preparation of materials to submit
between October 15, 2021, and October 29, 2021; (4) a total of four (4) depositions;
and (5) a variety of other daily tasks including active discovery and motions practice
occurring in a variety of different matters the undersigned counsel is engaged in and
is supervising.
3. Moreover, the two Answer Briefs are extensive and raise a variety of
different arguments requiring the undersigned counsel to research a variety of
different issues to address the Answer Briefs and to consolidate a response to all of
the different arguments into one Reply Brief. As a result of the extent of the task
associated with researching and drafting the Reply Brief in this matter as well as the
above other commitments, the undersigned counsel requires an extension to
complete the Reply Brief in this matter.
4. Prior to filing this Motion, the undersigned counsel conferred with
counsel for the Defendants-Appellees, Frank Haug, Esq. and Todd Messenger, Esq.
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Mr. Haug and Mr. Messenger indicated the Defendants-Appellees do not object to
the requested extension of time to file the Reply Brief.
WHEREFORE, Plaintiff-Appellant The City of Fort Collins, Colorado
respectfully requests this Court grant it an extension of time to file its Reply Brief
until and including November 12, 2021, and for all other an further relief as this
Court deems just and appropriate.
Dated this 19th day of October, 2021.
Respectfully submitted,
/s/ Andrew D. Ringel
Andrew D. Ringel, #24762
of HALL & EVANS, L.L.C.
ATTORNEYS FOR PLAINTIFF-
APPELLANT THE CITY OF FORT
COLLINS
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CERTIFICATE OF E-FILING AND SERVICE
I hereby certify that on the 19th day of October, 2021, I E-Filed the foregoing
with the Clerk of the Court via ICCES and served a copy via electronic service on
the following individual via the following email addresses:
Jeannine S. Haag, Esq.
jeanninehaag@co.larimer.org
William G. Ressue, Esq.
wressue@co. larimer.org
Frank N. Haug, Esq.
haughfn@co.larimer.org
Todd G. Messenger, Esq.
tmessenger@fwlaw.com
Amanda C. Jokerst, Esq.
ajokerst@fwlaw.com
John R. Duval, Esq.
jduval@fcgov.com
Claire Havelda, Esq.
chavelda@fcgov.com
/s/ Nicole Marion